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The Florida F 706 form is a crucial document for managing estate taxes in the state. It serves as the Florida Estate Tax Return, and its filing is essential for both residents and nonresidents who meet specific criteria. The form requires detailed information about the decedent, including their name, Social Security number, and residence at the time of death. Additionally, it outlines the responsibilities of the personal representative or the attorney managing the estate. Key sections of the form address various tax credits and obligations, including state death taxes, estate taxes paid to other states, and calculations for any due or overpaid amounts. Understanding the requirements for filing, including the need for a signed copy of the federal estate tax return, is vital for compliance. Filing deadlines and potential penalties for late submissions further underscore the importance of timely and accurate completion of this form. Failure to adhere to these guidelines can result in significant financial repercussions. The form also provides guidance on amending returns and the process for obtaining a nontaxable certificate, making it an essential tool for estate management in Florida.

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Mail to:

Florida Department of Revenue

PO Box 6460

Tallahassee, FL 32399-6460

 

F-706

Florida Estate Tax Return

R. 10/13

TC

 

for Residents, Nonresidents, and

Rule 12C-3.008

Florida Administrative Code

 

Nonresident Aliens

Effective 01/14

q Check here if amended return

Decedent’s name (first name, middle initial, and last name)

Decedent’s social security number*

RDS validation only - Do not write or stamp in this space

 

 

 

Residence (domicile) at time of death (county and state or foreign country)

Date of death

 

 

 

 

Name of personal representative or person in possession of decedent’s property

Phone number

 

 

 

 

Address

 

 

 

 

 

Name of attorney for estate, if any

Phone number

Please reply to (check one):

 

 

q Personal representative

Address

 

q Attorney for estate

 

 

 

 

q Preparer

PART I FLORIDA RESIDENTS

1.

Credit for state death taxes (from federal Form 706)

1.___________________________

2.

Estate, inheritance, or other death taxes properly paid to other states (proof of payment must be submitted)

2.___________________________

3.

Estate tax previously paid to Florida

3.___________________________

4.Estate tax due or overpayment to Florida (subtract Line 2 from Line 1; if the result is a negative

 

number, use zero; subtract line 3 from the result) – Enter on Line 19, Part IV

4.___________________________

PART II

NONRESIDENTS

 

 

 

 

 

5.

Credit for state death taxes (from federal Form 706)

 

 

5.___________________________

6.

Gross value of Florida assets included in gross estate (from federal Form 706, applicable schedules)

6.___________________________

7.

Gross value of entire federal estate (from federal Form 706)

 

 

7.___________________________

8.

Portion of gross federal estate value attributable to Florida (Line 6 divided by Line 7 - round to 7 digits)

8.___________________________

9.

Estate tax payable to Florida (Line 5 times Line 8)

 

 

9.___________________________

10.

Estate tax previously paid to Florida

 

 

10.___________________________

11.

Estate tax due or overpayment to Florida (subtract Line 10 from Line 9) – Enter on Line 19, Part IV

11.___________________________

PART III

NONRESIDENT ALIENS

 

 

 

 

 

12.

Credit for state death taxes (from federal Form 706-NA)

 

 

12.___________________________

13.

Gross value of taxable property in Florida

 

 

13.___________________________

14.

Gross value of property taxable in U.S. (from Schedule B of federal Form 706-NA)

14.___________________________

15.

Portion of U.S. property attributable to Florida (Line 13 divided by Line 14 - round to 7 digits)

15.___________________________

16.

Estate tax payable to Florida (Line 12 times Line 15)

 

 

16.___________________________

17.

Estate tax previously paid to Florida

 

 

17.___________________________

18.

Estate tax due or overpayment to Florida (subtract Line 17 from Line 16) – Enter on Line 19, Part IV

18.___________________________

PART IV CALCULATION OF AMOUNT DUE OR OVERPAYMENT

 

 

 

19.

Tax due or overpayment (if overpayment, enter on Line 23)

 

 

19.___________________________

20.

Penalty if applicable (see instructions)

 

 

20.___________________________

21.

Interest on underpayment if applicable (see instructions)

 

 

21.___________________________

22.

Total amount due (add Lines 19, 20, and 21)

 

 

22.

 

 

 

 

 

 

23.

Overpayment to be refunded

23.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under penalties of perjury, I declare that I have examined this return, including any additional sheets attached, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer other than the personal representative is based on all information of which the preparer has any knowledge [ss. 92.525(1)(b); 213.37; 837.06, Florida Statutes (F.S.)].

__________________________________________________________________

__________________________________________________________________

Signature of personal representative

Date

Signature of preparer other than personal representative

Date

Name___________________________________________________________

Address _________________________________________________________

(Print name of preparer)

 

(of preparer)

 

Phone __________________________________________________________

City/State/ZIP ____________________________________________________

(of preparer)

 

(of preparer)

 

 

 

 

ATTACH COPY OF FEDERAL ESTATE TAX RETURN (FORM 706 or 706-NA)

INSTRUCTIONS FOR FORM F-706

F-706

R.10/13 Page 2

General Information

Florida’s estate tax is based on the allowable federal credit for state death taxes. Florida tax is imposed only on those estates subject to federal estate tax filing requirements and entitled to a credit for state death taxes (Chapter 198, F.S.). Estate tax is not due if a federal estate tax return (Form 706 or 706-NA) is not required to be filed. (When estate tax is not due because there is no federal estate tax filing requirement, you should use Florida Form DR-312, Affidavit of No Florida Estate Tax Due, to remove the Florida estate tax lien on the property.) If a nontaxable certificate is requested, you must pay a $5.00 fee for it.

Form F-706 Filing Requirements

The requirement to file Form F-706 depends upon the date of death.

Date of Death

F-706 Required?

 

 

On or before December 31, 2004

Yes**

 

 

On or after January 1, 2005

No

 

 

**If required, Form F-706 must be filed for the estate of every Florida resident, nonresident, and nonresident alien with Florida property that is required to file a federal estate tax return (Form 706 or Form 706-NA). The personal representative must attach a signed copy of federal Form 706 or 706-NA to the Florida estate tax return.

Due Dates and Extensions of Time

Form F-706 and payment is due within 9 months after the decedent’s death (when the federal estate tax return is due). If you need an extension of time to file or pay, you must send your request to the Internal Revenue Service (IRS). Florida does not have a separate extension form. We will grant the same extension to pay or file that the IRS does; however, you must send copies of both the extension request and approved federal extension to

us within 30 days of mailing the request and 30 days of receiving the federal approval. An extension of time to file does not extend the time to pay. Interest accrues on the Florida tax due from the original due date until paid.

Tax Paid to Other States

For Florida residents: if estate, inheritance, or other death taxes were properly paid to other states, proof of payment must be submitted to the Florida Department of Revenue. (Proof of payment means the final certificate of payment showing the specific amounts of tax, penalty, or interest assessed and paid.)

*Social Security Numbers

Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida’s taxes. SSNs obtained for tax administration purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of your SSN is authorized under state and federal law. Visit our Internet

site at floridarevenue.com and select “Privacy Notice” for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions.

Where to File

Mail your completed F-706 and payment to: Florida Department of Revenue PO Box 6460

Tallahassee, FL 32399-6460

If you are requesting a nontaxable certificate, include the $5.00 fee.

Signature

The personal representative must sign the return declaration under penalties of perjury. If someone else prepares the return, the preparer must also sign the return.

Amending Form F-706

If you must change a return that has already been filed, you must complete another Form F-706 and check the amended return box on the form. If the amended return is caused by a change in your federal Form 706 or 706-NA, you must attach a statement describing the reasons and all documents related to the change, including correspondence received from the IRS and/or the amended federal Form 706 or 706-NA.

Penalties and Interest

Penalties – If tax is not paid by the due date (or approved extension date) a late payment penalty of 10% of the unpaid tax is due. After 30 days, the late penalty increases to 20%. An added penalty of 10% per month up to a maximum of 50% of the tax due is imposed if the unpaid tax is due to negligence or intentional disregard. A fraud penalty of 100% of the tax due is imposed if the unpaid tax is due to willful intent to defraud. However, the Department of Revenue is authorized to compromise or settle these penalties pursuant to section 213.21, F.S.

Interest – Interest is due on late payments from the due date until paid. Interest rates are updated January 1 and July 1 of each year. To obtain current interest rates, visit our website at floridarevenue.com.

Need Assistance?

Information and forms are available on our Internet site at

floridarevenue.com.

If you have any questions, you may contact Taxpayer Services at 850-488-6800, Monday through Friday, excluding holidays.

For a written reply to your tax questions, write:

Taxpayer Services MS 3-2000

Florida Department of Revenue

5050 W Tennessee St

Tallahassee, FL 32399-0112

For federal estate tax information or forms, visit the IRS website at www.irs.gov.

Form Specifications

Fact Name Details
Form Title The official name of the form is the Florida Estate Tax Return, designated as F-706.
Governing Law The form is governed by Chapter 198 of the Florida Statutes.
Filing Requirement Form F-706 is required if the decedent's date of death is on or before December 31, 2004.
Due Date The form and payment are due within 9 months after the decedent's death.
Extension Policy Florida grants extensions for filing and payment that align with IRS approved extensions.
Amended Returns If changes are needed, a new Form F-706 must be filed, indicating that it is an amended return.
Social Security Numbers SSNs are collected for tax administration and are confidential under Florida law.
Payment to Other States Proof of any estate taxes paid to other states must be submitted with the form.
Penalties for Late Payment A late payment penalty starts at 10% and can increase to 50% depending on the circumstances.
Contact Information For assistance, taxpayers can contact the Florida Department of Revenue at 850-488-6800.

Florida F 706: Usage Guidelines

Completing the Florida F 706 form is an important step in managing estate taxes. Ensure that you have all necessary documents and information ready before starting. Follow these steps to fill out the form accurately.

  1. Obtain the Florida F 706 form from the Florida Department of Revenue website or another reliable source.
  2. Fill in the decedent's name, including first name, middle initial, and last name.
  3. Enter the decedent's social security number in the designated space.
  4. Provide the residence (county and state or foreign country) where the decedent lived at the time of death.
  5. Indicate the date of death.
  6. List the name of the personal representative or the person in possession of the decedent’s property.
  7. Include a phone number and address for the personal representative.
  8. If applicable, provide the name and phone number of the attorney for the estate.
  9. Check the box for who should receive correspondence: personal representative, attorney, or preparer.
  10. Complete Part I for Florida residents by filling in the lines for credit for state death taxes, estate taxes paid to other states, and estate tax previously paid to Florida.
  11. If applicable, fill out Part II for nonresidents, including the gross value of Florida assets and the gross value of the entire federal estate.
  12. For nonresident aliens, complete Part III, including credit for state death taxes and gross value of taxable property in Florida.
  13. In Part IV, calculate the total amount due or overpayment by following the instructions for each line.
  14. Sign and date the form as the personal representative. If someone else prepared the return, that person must also sign and date it.
  15. Attach a copy of the federal estate tax return (Form 706 or 706-NA) to the F 706 form.
  16. Mail the completed form and any payment to the Florida Department of Revenue at the provided address.

Your Questions, Answered

What is the Florida F 706 form?

The Florida F 706 form is the Florida Estate Tax Return. It is required for estates that meet specific criteria related to federal estate tax filing requirements. This form helps determine the estate tax due to the state of Florida and must be filed by the personal representative of the decedent's estate.

Who needs to file the F 706 form?

Filing the F 706 form is necessary for estates of Florida residents, nonresidents, and nonresident aliens with Florida property if a federal estate tax return (Form 706 or 706-NA) is required. If the decedent passed away on or before December 31, 2004, the form must be filed. However, if the date of death is on or after January 1, 2005, no filing is required unless there is a federal estate tax obligation.

What is the due date for filing the F 706 form?

The F 706 form and any payment due must be submitted within nine months of the decedent's death. This aligns with the due date for the federal estate tax return. If you need more time to file or pay, you must request an extension from the IRS, as Florida does not have a separate extension form.

What happens if I miss the filing deadline?

If the F 706 form is not filed by the deadline, penalties and interest may apply. A late payment penalty of 10% on the unpaid tax is incurred if the tax is not paid on time. This penalty increases to 20% after 30 days. Additionally, interest accrues on the tax due from the original due date until it is paid.

How do I amend a previously filed F 706 form?

To amend a filed F 706 form, complete a new form and check the box indicating it is an amended return. If the amendment is due to changes in your federal Form 706 or 706-NA, include a statement explaining the reasons for the amendment along with any relevant documents, such as correspondence from the IRS.

Where do I send the completed F 706 form?

Your completed F 706 form and payment should be mailed to the Florida Department of Revenue at the following address: PO Box 6460, Tallahassee, FL 32399-6460. If you are requesting a nontaxable certificate, be sure to include the $5.00 fee with your submission.

What should I do if I have questions about the F 706 form?

If you have questions or need assistance regarding the F 706 form, you can visit the Florida Department of Revenue's website at floridarevenue.com. You can also contact Taxpayer Services at 850-488-6800, Monday through Friday, excluding holidays. For written inquiries, send your questions to Taxpayer Services, MS 3-2000, Florida Department of Revenue, 5050 W Tennessee St, Tallahassee, FL 32399-0112.

Common mistakes

  1. Neglecting to Include Required Signatures: One of the most common mistakes is failing to ensure that the personal representative and any preparer sign the return. This oversight can lead to delays or rejections of the form.

  2. Incorrectly Calculating the Estate Tax: Many individuals struggle with the calculations involved in determining the estate tax due. Errors in adding or subtracting the various lines can result in either underpayment or overpayment, both of which can have consequences.

  3. Omitting Required Attachments: It is crucial to attach a copy of the federal estate tax return (Form 706 or 706-NA) when filing Form F-706. Failing to do so may lead to complications or additional scrutiny from the Florida Department of Revenue.

  4. Inaccurate Reporting of Social Security Numbers: Providing incorrect social security numbers for the decedent or the personal representative can create significant issues. These numbers are vital for the identification and processing of the return.

  5. Missing Deadlines: The deadline for filing Form F-706 is nine months after the decedent's death. Many people mistakenly believe they have more time or overlook the need for extensions, leading to penalties and interest.

Documents used along the form

The Florida F 706 form is essential for reporting estate taxes in Florida. However, several other documents are often needed to support the filing process or to clarify certain aspects of the estate. Below are five commonly used forms and documents that may accompany the Florida F 706 form.

  • Federal Form 706: This is the United States Estate (and Generation-Skipping Transfer) Tax Return. It is required for estates that meet certain thresholds and must be filed with the IRS. A copy of this form must be attached to the Florida F 706 to provide the necessary federal estate tax information.
  • Federal Form 706-NA: This form is specifically for nonresident aliens and is used to report estate taxes. If the decedent was a nonresident alien with Florida property, this form must be submitted along with the Florida F 706 to ensure proper tax calculations.
  • Florida Form DR-312: This is the Affidavit of No Florida Estate Tax Due. If no federal estate tax return is required, this form can be used to claim that no Florida estate tax is owed. It helps to clear any liens on the property associated with the estate.
  • Proof of Payment Documentation: If estate, inheritance, or other death taxes were paid to other states, proof of those payments must be submitted with the Florida F 706. This documentation is essential to ensure that credits for taxes paid to other states are accurately applied.
  • Nontaxable Certificate Request: If a nontaxable certificate is needed, a request must be made along with a $5.00 fee. This certificate verifies that no Florida estate tax is due and can be crucial for clearing property titles.

Understanding the necessary forms and documents that accompany the Florida F 706 can streamline the estate tax filing process. Proper documentation ensures compliance with state regulations and can ease the burden on the personal representative handling the estate. If there are any questions or uncertainties, seeking assistance from a tax professional or the Florida Department of Revenue can be beneficial.

Similar forms

The Florida F 706 form is primarily used for reporting estate taxes. Several other documents serve similar purposes in different contexts or jurisdictions. Below is a list of documents that share similarities with the Florida F 706 form:

  • Federal Form 706: This form is the United States Estate (and Generation-Skipping Transfer) Tax Return. It is used to report the value of an estate for federal tax purposes, similar to how the F 706 reports for Florida state taxes.
  • Federal Form 706-NA: This form is used for nonresident aliens to report estate taxes. Like the F 706, it calculates taxes based on the value of the estate but is specific to nonresident individuals.
  • Florida Form DR-312: This affidavit is used to declare that no Florida estate tax is due. It serves a similar purpose as the F 706 in determining tax liability but is applicable when there is no federal estate tax filing requirement.
  • California Form 540: This is the California Resident Income Tax Return. While it serves a different purpose, it also requires detailed reporting of financial information for tax calculation, akin to the estate tax reporting in the F 706.
  • New York Form ET-706: This is the New York State Estate Tax Return. It is similar to the F 706 in that it calculates state estate taxes based on the value of the estate and requires similar information regarding the decedent.
  • IRS Form 1041: This is the U.S. Income Tax Return for Estates and Trusts. It is used to report income generated by an estate after the decedent's death, sharing the common theme of financial reporting following a death.
  • Texas Form 1-EST: This is the Texas Estate Tax Return. Similar to the F 706, it addresses the tax obligations of estates in Texas, focusing on the value of assets and tax calculations based on those values.

Dos and Don'ts

When filling out the Florida F-706 form, it’s essential to approach the task with care and attention to detail. Here’s a list of ten dos and don’ts to guide you through the process:

  • Do ensure you have the correct version of the form, as updates can occur.
  • Do provide accurate information for the decedent, including their full name and Social Security number.
  • Do attach a signed copy of the federal estate tax return (Form 706 or 706-NA) to your submission.
  • Do check the box for an amended return if you are making changes to a previously filed form.
  • Do submit proof of any estate, inheritance, or other death taxes paid to other states.
  • Don’t forget to sign the return; both the personal representative and the preparer must sign.
  • Don’t leave any required fields blank; incomplete forms can lead to delays or penalties.
  • Don’t assume that an extension for filing automatically extends the time to pay any taxes due.
  • Don’t use outdated tax information; ensure you are referencing the most recent tax laws and rates.
  • Don’t ignore the importance of double-checking calculations, as errors can lead to significant issues.

By following these guidelines, you can navigate the Florida F-706 form process more smoothly and effectively, ensuring compliance and minimizing potential complications.

Misconceptions

  • Misconception 1: The Florida F 706 form is only for Florida residents.
  • This form applies to Florida residents, nonresidents, and nonresident aliens with property in Florida. Everyone who meets these criteria must file if they are required to file a federal estate tax return.

  • Misconception 2: You must file the F 706 form if the estate is not taxable.
  • If there is no federal estate tax filing requirement, you do not need to file the Florida F 706 form. Instead, use Form DR-312 to remove any estate tax liens.

  • Misconception 3: The F 706 form is due immediately after the decedent's death.
  • The form and payment are due within nine months after the decedent’s death, aligning with the federal estate tax return due date.

  • Misconception 4: Amending the F 706 form is complicated.
  • To amend, simply complete another F 706 form and check the amended return box. Include a statement explaining the changes.

  • Misconception 5: You cannot receive a refund for overpayment.
  • If you overpay, you can enter the amount on Line 23 of the form to request a refund.

  • Misconception 6: You do not need to attach the federal estate tax return.
  • It is essential to attach a signed copy of the federal Form 706 or 706-NA when filing the F 706 form.

  • Misconception 7: Filing for an extension is not allowed.
  • You can request an extension from the IRS, and Florida will grant the same extension for filing and payment. Just ensure you send the necessary documents to Florida within the required timeframe.

  • Misconception 8: The Florida Department of Revenue does not accept electronic submissions.
  • Currently, the Florida Department of Revenue does not allow electronic submissions for the F 706 form. It must be mailed in.

  • Misconception 9: Social Security numbers are public information.
  • Social Security numbers collected for tax purposes are confidential and protected under Florida law. They are not public records.

Key takeaways

  • Understand the Purpose: The Florida F 706 form is used to report estate taxes for individuals who have passed away, specifically for estates subject to federal estate tax filing requirements.
  • Filing Requirements: If the date of death is on or before December 31, 2004, filing the F 706 is mandatory. For deaths on or after January 1, 2005, filing is not required unless a federal estate tax return is necessary.
  • Attach Federal Forms: A signed copy of the federal estate tax return (Form 706 or 706-NA) must be included with the Florida F 706 submission.
  • Filing Deadline: The form and any payment must be submitted within nine months of the decedent's death, aligning with the federal estate tax return due date.
  • Extension Requests: If an extension is needed, it must be requested from the IRS. Florida will honor the IRS extension, but documentation must be sent to them within specified timeframes.
  • Proof of Payment: For Florida residents, if estate taxes were paid to other states, proof of payment must be submitted with the F 706 form.
  • Signature Requirements: The personal representative must sign the form under penalties of perjury. If someone else prepares the return, that preparer must also sign.
  • Amending Returns: If you need to change a previously filed return, complete another F 706 and check the amended return box. Include any necessary documentation explaining the changes.
  • Penalties for Late Payment: A late payment penalty of 10% applies if tax is not paid by the due date. This penalty can increase if the payment is delayed further.
  • Interest on Late Payments: Interest accrues on any unpaid tax from the original due date until the tax is paid in full.