§645 Certain Revocable Trusts Treated as Part of Estate

Summary

If the estate's executor (if there is one) and the trust's trustee both choose it, a revocable trust the decedent effectively owned will be taxed as part of the decedent’s estate instead of as a separate trust for estate tax years that end after the person died and before the applicable date. The trust covered is one the decedent had power over so it was treated as theirs. The applicable date is either 2 years after death if no chapter 11 tax return is needed, or 6 months after the final decision on any chapter 11 tax liability if a return is required. The choice must be made by the deadline for the estate’s first tax return (including extensions) and cannot be changed.