44 Stat 9

Revenue Act of 1926

February 26, 1926

53 Stat 1
Internal Revenue Code of 1939
February 10, 1939

Form

56
Identification

(Rev. August 1997)

Department of the Treasury Internal Revenue Service

Notice Concerning Fiduciary Relationship

(Internal Revenue Code sections 6036 and 6903)
Identifying number

OMB No. 1545-0013

Part I

Name of person for whom you are acting (as shown on the tax return)

Decedents social security no.

Address of person for whom you are acting (number, street, and room or suite no.)

City or town, state, and ZIP code (If a foreign address, see instructions.)

Fiduciarys name

Address of fiduciary (number, street, and room or suite no.)

City or town, state, and ZIP code

Telephone number (optional) ( )

Part II
1

Authority
(2) Date of death (2) Date (see instructions)

Authority for fiduciary relationship. Check applicable box: a(1) Will and codicils or court order appointing fiduciary. Attach certified copy b(1) Court order appointing fiduciary. Attach certified copy c Valid trust instrument and amendments. Attach copy d Other. Describe

Part III

Tax Notices

Send to the fiduciary listed in Part I all notices and other written communications involving the following tax matters: 2 Type of tax (estate, gift, generation-skipping transfer, income, excise, etc.) 3 Federal tax form number (706, 1040, 1041, 1120, etc.) 4 Year(s) or period(s) (if estate tax, date of death)

Part IV
5

Revocation or Termination of Notice Section ATotal Revocation or Termination

Check this box if you are revoking or terminating all prior notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship Reason for termination of fiduciary relationship. Check applicable box: a Court order revoking fiduciary authority. Attach certified copy. b Certificate of dissolution or termination of a business entity. Attach copy. c Other. Describe

Section BPartial Revocation

6a Check this box if you are revoking earlier notices concerning fiduciary relationships on file with the Internal Revenue Service for the same tax matters and years or periods covered by this notice concerning fiduciary relationship b Specify to whom granted, date, and address, including ZIP code, or refer to attached copies of earlier notices and authorizations

Section CSubstitute Fiduciary

7 Check this box if a new fiduciary or fiduciaries have been or will be substituted for the revoking or terminating fiduciary(ies) and specify the name(s) and address(es), including ZIP code(s), of the new fiduciary(ies)

Part V

Court and Administrative Proceedings

Date proceeding initiated

Name of court (if other than a court proceeding, identify the type of proceeding and name of agency)

Address of court

Docket number of proceeding

City or town, state, and ZIP code

Date

Time

a.m. p.m.

Place of other proceedings

I certify that I have the authority to execute this notice concerning fiduciary relationship on behalf of the taxpayer.

Please Sign Here

Fiduciarys signature

Title, if applicable

Date

Fiduciarys signature

Title, if applicable Cat. No. 16375I

Date Form

For Paperwork Reduction Act and Privacy Act Notice, see back page.

56

(Rev. 8-97)

Form 56 (Rev. 8-97)

Page

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Purpose of Form
You may use Form 56 to notify the IRS of the creation or termination of a fiduciary relationship under section 6903 and to give notice of qualification under section 6036.

Who Should File

The fiduciary (see Definitions below) uses Form 56 to notify the IRS of the creation, or termination, of a fiduciary relationship under section 6903. For example, if you are acting as fiduciary for an individual, a decedents estate, or a trust, you may file Form 56. If notification is not given to the IRS, notices sent to the last known address of the taxable entity, transferee, or other person subject to tax liability are sufficient to satisfy the requirements of the Internal Revenue Code. Receivers and assignees for the benefit of creditors also file Form 56 to give notice of qualification under section 6036. However, a bankruptcy trustee, debtor in possession, or other like fiduciary in a bankruptcy proceeding is not required to give notice of qualification under section 6036. Trustees, etc., in bankruptcy proceedings are subject to the notice requirements under title 11 of the United States Code (Bankruptcy Rules).

A receiver in a receivership proceeding or similar fiduciary (including a fiduciary in aid of foreclosure), or An assignee for the benefit of creditors, must file Form 56 on, or within 10 days of, the date of appointment with the Chief, Special Procedures Staff, of the district office of the IRS having jurisdiction over the person for whom you are acting. The receiver or assignee may also file a separate Form 56 with the service center where the person for whom the fiduciary is acting is required to file tax returns to provide the notice required by section 6903.

Part VCourt and Administrative Proceedings

Complete this part only if you have been appointed a receiver, trustee, or fiduciary by a court or other governmental unit in a proceeding other than a bankruptcy proceeding. If proceedings are scheduled for more than one date, time, or place, attach a separate schedule of the proceedings. Assignment for the benefit of creditors. You must attach the following information: 1. A brief description of the assets that were assigned, and 2. An explanation of the action to be taken regarding such assets, including any hearings, meetings of creditors, sale, or other scheduled action.

Specific Instructions
Part IIdentification
Provide all the information called for in this part. Identifying number. If you are acting for an individual, an individual debtor, or other person whose assets are controlled, the identifying number is the social security number (SSN). If you are acting for a person other than an individual, including an estate or trust, the identifying number is the employer identification number (EIN). Decedents SSN. If you are acting on behalf of a decedent, enter the decedents SSN shown on his or her final Form 1040 in the space provided. Address. Include the suite, room, or other unit number after the street address. If the postal service does not deliver mail to the street address and the fiduciary (or person) has a P.O. box, show the box number instead of the street address. For a foreign address, enter the information in the following order: city, province or state, and country. Follow the countrys practice for entering the postal code. Please do not abbreviate the country name.

Signature
Sign Form 56 and enter a title describing your role as a fiduciary (e.g., assignee, executor, guardian, trustee, personal representative, receiver, or conservator). Paperwork Reduction Act and Privacy Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. Form 56 is provided for your convenience and its use is voluntary. Under section 6109 you must disclose the social security number or employer identification number of the individual or entity for which you are acting. The principal purpose of this disclosure is to secure proper identification of the taxpayer. We also need this information to gain access to the tax information in our files and properly respond to your request. If you do not disclose this information, we may suspend processing the notice of fiduciary relationship and not consider this as proper notification until you provide the information. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 8 min. Learning about the 32 min. law or the form Preparing the form 46 min. Copying, assembling, and 15 min. sending the form to the IRS If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Tax Forms Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. DO NOT send Form 56 to this address. Instead, see When and Where To File on this page.

Definitions
Fiduciary. A fiduciary is any person acting in a fiduciary capacity for any other person (or terminating entity), such as an administrator, conservator, designee, executor, guardian, receiver, trustee of a trust, trustee in bankruptcy, personal representative, person in possession of property of a decedents estate, or debtor in possession of assets in any bankruptcy proceeding by order of the court. Person. A person is any individual, trust, estate, partnership, association, company or corporation. Decedents estate. A decedents estate is a taxable entity separate from the decedent that comes into existence at the time of the decedents death. It generally continues to exist until the final distribution of the assets of the estate is made to the heirs and other beneficiaries. Terminating entities. A terminating entity, such as a corporation, partnership, trust, etc., only has the legal capacity to establish a fiduciary relationship while it is in existence. Establishing a fiduciary relationship prior to termination of the entity allows the fiduciary to represent the entity on all tax matters after it is terminated.

Part IIAuthority
Line 1a. Check the box on line 1a if the decedent died testate (i.e., having left a valid will) and enter the decedents date of death. Line 1b. Check the box on line 1b if the decedent died intestate (i.e., without leaving a valid will). Also, enter the decedents date of death and write Date of Death next to the date. Assignment for the benefit of creditors. Enter the date the assets were assigned to you and write Assignment Date after the date. Proceedings other than bankruptcy. Enter the date you were appointed or took possession of the assets of the debtor or other person whose assets are controlled.

When and Where To File

Notice of fiduciary relationship. Generally, you should file Form 56 when you create (or terminate) a fiduciary relationship. To receive tax notices upon creation of a fiduciary relationship, file Form 56 with the Internal Revenue Service Center where the person for whom you are acting is required to file tax returns. However, when a fiduciary relationship is first created, a fiduciary who is required to file a return can file Form 56 with the first tax return filed. Proceedings (other than bankruptcy) and assignments for the benefit of creditors. A fiduciary who is appointed or authorized to act as:

Part IIITax Notices

Complete this part if you want the IRS to send you tax notices regarding the person for whom you are acting. Line 2. Specify the type of tax involved. This line should also identify a transferee tax liability under section 6901 or fiduciary tax liability under 31 U.S.C. 3713(b) when either exists.

Part IVRevocation or Termination of Notice

Complete this part only if you are revoking or terminating a prior notice concerning a fiduciary relationship. Completing this part will relieve you of any further duty or liability as a fiduciary if used as a notice of termination.