Financial Planner

Category - Estate Planning

What is true of IRC Section 2056 (d)?
  1. It deals with American citizens.
  2. It deals with minors.
  3. It deals with noncitizen spouses.
  4. None of the above.
Explanation
Answer: C - IRC Section 2056 (d) deals with noncitizen spouses and disallows the marital deduction if the surviving spouse is not a U.S. citizen. If the spouse becomes a citizen before the federal estate tax return is filed (within nine months), IRC Section 2056 (d) does not apply. However, the spouse must have been a U.S. resident at the time of the decedent’s death. Noncitizen spouses are allowed to receive a special $100,000 annual exclusion indexed for inflation.
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