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Fill in Your Florida F 706 Form

The Florida F 706 form is the Florida Estate Tax Return required for estates that meet certain federal filing requirements. This form is essential for both residents and nonresidents, as it helps determine any estate tax due to the state of Florida. If you need to fill out this form, please click the button below for further assistance.

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Article Structure

The Florida F 706 form serves as the state's estate tax return, applicable to residents, nonresidents, and nonresident aliens with Florida property. This form is crucial for determining the estate tax liability based on the allowable federal credit for state death taxes. Individuals must file this form if the estate meets specific federal estate tax filing requirements. The F 706 requires detailed information about the decedent, including their name, social security number, and the address of their domicile at the time of death. It also necessitates the inclusion of various financial figures, such as credits for state death taxes and the gross value of Florida assets. The form is divided into sections for Florida residents, nonresidents, and nonresident aliens, each addressing unique tax calculations and requirements. Filing deadlines are set at nine months following the decedent's death, with penalties and interest applicable for late submissions. Amendments to previously filed returns can be made by checking the appropriate box on the form. To ensure compliance, individuals must attach a copy of the federal estate tax return and submit the completed F 706 to the Florida Department of Revenue.

Form Sample

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.

File Details

Fact Name Details
Form Purpose The F-706 form is used to file the Florida Estate Tax Return.
Governing Law This form is governed by Chapter 198 of the Florida Statutes.
Filing Requirement Form F-706 must be filed for estates subject to federal estate tax requirements.
Due Date The form and payment are due within 9 months after the decedent's death.
Extension Policy Extensions follow IRS guidelines, but must be communicated to the Florida Department of Revenue.
Amended Returns To amend, check the amended return box and submit a new F-706 form.
Penalty for Late Payment A late payment penalty of 10% applies if tax is not paid by the due date.
Contact Information For assistance, contact the Florida Department of Revenue at 850-488-6800.

Detailed Instructions for Writing Florida F 706

Filling out the Florida F 706 form requires careful attention to detail. After completing the form, it must be mailed to the Florida Department of Revenue. Ensure that all necessary information is accurate and that any required attachments, such as the federal estate tax return, are included before sending.

  1. Obtain the Florida F 706 form from the Florida Department of Revenue website or other official sources.
  2. Fill in the decedent’s name, social security number, and residence at the time of death.
  3. Enter the date of death and the name and contact information of the personal representative or person in possession of the decedent’s property.
  4. If applicable, provide the name and contact information of the attorney for the estate.
  5. Select the appropriate option for who should receive replies (personal representative, attorney, or preparer).
  6. Complete Part I for Florida residents by entering the required figures for state death taxes, estate taxes paid to other states, and any previously paid estate tax to Florida.
  7. For nonresidents, complete Part II by filling in the credit for state death taxes and the gross values of Florida assets and the entire federal estate.
  8. If applicable, complete Part III for nonresident aliens, providing details on state death taxes and taxable property in Florida.
  9. In Part IV, calculate the total amount due or any overpayment by following the instructions provided.
  10. Sign and date the form as the personal representative, and ensure the preparer also signs if applicable.
  11. Attach a copy of the federal estate tax return (Form 706 or 706-NA) to the completed form.
  12. Mail the completed form and any payment to the Florida Department of Revenue at the specified address.

Essential Questions on Florida F 706

What is the Florida F 706 form and when is it required?

The Florida F 706 form is the Florida Estate Tax Return. It is necessary for estates that are subject to federal estate tax filing requirements and are entitled to a credit for state death taxes. This form is required for estates of Florida residents, nonresidents, and nonresident aliens with Florida property if the decedent passed away on or before December 31, 2004. For deaths occurring on or after January 1, 2005, the F 706 form is not required unless there is a federal estate tax filing obligation.

How do I file the Florida F 706 form?

To file the Florida F 706 form, complete the form accurately and ensure all necessary information is included. The completed form and any required payment should be mailed to:

  1. Florida Department of Revenue
  2. PO Box 6460
  3. Tallahassee, FL 32399-6460

If you are requesting a nontaxable certificate, include a $5.00 fee with your submission. It's important to attach a signed copy of the federal estate tax return (Form 706 or 706-NA) to your Florida estate tax return.

What are the penalties for late filing or payment of the Florida F 706 form?

Late payment of estate taxes can lead to penalties. If the tax is not paid by the due date or an approved extension date, a late payment penalty of 10% of the unpaid tax will apply. After 30 days, this penalty increases to 20%. Additionally, if the unpaid tax is due to negligence or intentional disregard, a further penalty of 10% per month may be imposed, up to a maximum of 50% of the tax due. In cases of willful intent to defraud, a fraud penalty of 100% of the tax due may be applied. Interest on late payments also accrues from the due date until the tax is paid.

How can I amend a previously filed Florida F 706 form?

If you need to amend a return that has already been filed, you should complete another Florida F 706 form and check the box indicating that 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 changes and attach all relevant documents, such as correspondence from the IRS and the amended federal form.

Common mistakes

Filling out the Florida F 706 form can be a complex task, and mistakes can lead to delays or penalties. One common error is failing to provide the correct social security number of the decedent. This number is crucial for the Florida Department of Revenue to process the return accurately. If this information is missing or incorrect, it can result in the return being rejected or delayed.

Another frequent mistake is neglecting to include proof of any estate taxes paid to other states. If the decedent's estate incurred taxes elsewhere, you must submit documentation showing these payments. Without this proof, the Florida Department of Revenue may not allow credits that could reduce the estate tax due.

Many people also overlook the importance of signing the form. Both the personal representative and the preparer must sign the return under penalties of perjury. Failing to do so can lead to the return being considered incomplete, which can further complicate the process.

Additionally, some filers mistakenly check the wrong box when indicating whether the return is amended. If the return has been changed after its initial submission, it’s essential to check the amended return box. This helps the Department of Revenue understand that the submission is not a new return but a revision of a previously filed document.

Finally, individuals often miscalculate the estate tax due or overpayment. It is vital to double-check all calculations, especially when subtracting previous payments from the current tax due. An error in these figures can lead to significant issues, including penalties and interest on unpaid amounts. Ensuring accuracy in every section of the form is key to a smooth filing process.

Documents used along the form

When dealing with estate matters in Florida, the Florida F 706 form is an essential document for reporting estate taxes. However, it is often accompanied by other forms and documents that help clarify and support the information provided. Understanding these additional documents can streamline the process and ensure compliance with state requirements.

  • Federal Form 706: This is the United States Estate (and Generation-Skipping Transfer) Tax Return. It is required for estates that exceed a certain value threshold. A copy of this form must be attached to the Florida F 706 to establish the basis for the state estate tax.
  • Federal Form 706-NA: This form is specifically for nonresident aliens. It serves a similar purpose to the Federal Form 706 but is tailored for estates that include property owned by non-U.S. citizens. If applicable, this form must also be submitted with the Florida F 706.
  • Affidavit of No Florida Estate Tax Due (Form DR-312): If the estate does not meet the threshold for federal estate tax filing, this form can be used to declare that no Florida estate tax is due. It is important for clearing any estate tax liens on the property.
  • Proof of Payment for State Death Taxes: If the estate has paid estate, inheritance, or other death taxes to other states, proof of these payments must be submitted. This documentation supports claims for credits on the Florida F 706.
  • Nontaxable Certificate Request: If the estate qualifies as nontaxable, a request for this certificate can be submitted along with the F 706. A fee is required for processing this request, and it is essential for confirming the estate’s tax status.

Each of these documents plays a critical role in the estate tax process in Florida. Ensuring that they are completed accurately and submitted alongside the Florida F 706 can help avoid complications and facilitate a smoother resolution of estate matters. Proper preparation and understanding of these forms can make a significant difference in managing estate taxes effectively.

Similar forms

The Florida Form F-706 is similar to the Federal Form 706. Both forms are used to report estate taxes, but the F-706 is specific to Florida residents and non-residents with Florida property. The Federal Form 706 is used to report the total gross estate and calculate the federal estate tax. Both forms require similar information regarding the decedent, including their name, social security number, and details about the estate. The key difference lies in the jurisdiction; the F-706 addresses Florida's estate tax obligations, while the Federal Form 706 focuses on federal requirements.

Another document that resembles the Florida F-706 is the Federal Form 706-NA. This form is designed for non-resident aliens who have U.S. property subject to estate tax. Like the F-706, it calculates the estate tax based on the value of the estate. Both forms require detailed information about the decedent's assets and the taxes owed. The primary distinction is that Form 706-NA is tailored for non-resident aliens, whereas the F-706 is for residents and non-residents of Florida.

The Florida Form DR-312, Affidavit of No Florida Estate Tax Due, is another document with similarities. This form is used when no Florida estate tax is owed, typically because the estate does not meet the federal filing requirements. While the F-706 is a comprehensive tax return, the DR-312 is a simpler affidavit affirming that no estate tax is due. Both forms serve to clarify the tax status of an estate, but the DR-312 is specifically for cases where no tax obligation exists.

The IRS Form 1041, U.S. Income Tax Return for Estates and Trusts, also shares similarities with the F-706. Both forms deal with the financial responsibilities of an estate, but they focus on different aspects. The F-706 addresses estate taxes, while Form 1041 is concerned with income generated by the estate after the decedent's death. Executors must file both forms if applicable, as they pertain to different tax obligations.

The Florida Form DR-1, Application for Florida Sales Tax Exemption, is relevant in certain estate contexts. While it does not directly relate to estate taxes, it can be used by estates to claim sales tax exemptions on certain purchases. This form complements the F-706 by addressing potential tax savings for the estate, particularly when dealing with property or assets that may be sold or transferred.

The IRS Form 8821, Tax Information Authorization, can also be compared to the F-706. This form allows individuals to authorize someone else to receive confidential tax information. While the F-706 reports estate taxes, Form 8821 enables the personal representative or executor to grant access to tax information related to the estate. Both forms facilitate communication and compliance with tax regulations, but they serve different purposes.

Lastly, the Florida Form DR-501, Application for Homestead Tax Exemption, is relevant for estates that include residential property. This form allows for a property tax exemption on a primary residence, which can impact the overall value of the estate. While the F-706 focuses on estate tax, the DR-501 addresses property tax benefits that may apply to the estate, highlighting the different tax obligations that may exist simultaneously.

Dos and Don'ts

When filling out the Florida F-706 form, it's important to follow specific guidelines to ensure accuracy and compliance. Here are some essential dos and don'ts to keep in mind:

  • Do provide the decedent's full name, including first name, middle initial, and last name.
  • Do include the decedent's social security number in the designated space.
  • Do ensure that all required supporting documents, such as the federal estate tax return, are attached.
  • Do check the appropriate box if you are filing an amended return.
  • Do submit proof of any estate, inheritance, or other death taxes paid to other states if applicable.
  • Don't forget to sign the return. Both the personal representative and the preparer must sign.
  • Don't leave any required fields blank; ensure all sections are completed accurately.
  • Don't send the form without verifying that all calculations are correct to avoid penalties.
  • Don't ignore the deadline; the form and payment are due within nine months of the decedent's death.

By following these guidelines, you can help ensure a smoother process when filing the Florida F-706 form. If you have questions or need assistance, don't hesitate to reach out for help.

Misconceptions

Understanding the Florida F 706 form can be challenging. Here are five common misconceptions about this form, along with clarifications to help you navigate the process more effectively.

  • Misconception 1: The F 706 form is required for all estates.
  • This is not true. The F 706 form is only required if the estate meets federal estate tax filing requirements. If no federal estate tax return is necessary, then the Florida estate tax does not apply.

  • Misconception 2: Filing the F 706 form guarantees a refund.
  • Filing the form does not automatically mean a refund will be issued. The form is used to calculate any estate tax due or overpayment, but a refund is only possible if an overpayment is determined after filing.

  • Misconception 3: You can file the F 706 form without the federal estate tax return.
  • This is incorrect. A signed copy of the federal Form 706 or 706-NA must be attached to the Florida F 706 form. The Florida Department of Revenue requires this documentation to process the estate tax return.

  • Misconception 4: Extensions for filing the F 706 form are automatically granted.
  • Extensions are not automatically granted. You must request an extension from the IRS, and provide copies of both the request and the approval to the Florida Department of Revenue within the specified timeframe.

  • Misconception 5: The F 706 form can be filed at any time after the decedent's death.
  • This is misleading. The F 706 form and payment are due within nine months after the decedent's death. Late filings may incur penalties and interest, making timely submission crucial.

Key takeaways

Filling out and using the Florida F 706 form requires attention to detail and adherence to specific guidelines. Here are nine key takeaways to keep in mind:

  • Understand the Purpose: The Florida F 706 form is used to report estate taxes for individuals who meet federal estate tax filing requirements.
  • Filing Requirement: If the decedent passed away on or before December 31, 2004, the F 706 form is required. For those who died on or after January 1, 2005, it is not necessary unless federal estate tax filing is required.
  • Attach Federal Forms: A signed copy of the federal estate tax return (Form 706 or 706-NA) must be included when submitting the Florida F 706 form.
  • Due Date: The form and any payment are due within nine months of the decedent's death. This aligns with the due date for the federal estate tax return.
  • Extensions: If an extension is needed, a request must be submitted to the IRS. Florida will accept the same extension, but documentation must be provided within specified timeframes.
  • Amendments: If changes are necessary after filing, a new F 706 form should be completed, checking the amended return box and including a statement explaining the changes.
  • Penalties for Late Payment: Late payments incur a penalty starting at 10% of the unpaid tax, increasing to 20% after 30 days. Additional penalties may apply for negligence or fraud.
  • Proof of Other State Taxes: Florida residents must submit proof of any estate or inheritance taxes paid to other states to claim credits on the F 706 form.
  • Contact Information: For assistance, resources are available online at floridarevenue.com, or you can contact Taxpayer Services directly for any inquiries.

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