How do I deduct the administration expenses of my father's estate?
Expenses of administering an estate can be deducted either from the gross
estate in figuring the federal estate tax on Form 706 (PDF), United States Estate (and Generation-Skipping Transfer) Tax
Return, or from the estate's gross income in figuring the estate's income
tax on Form 1041 (PDF), U.S. Income Tax Return
for Estates and Trusts. However, these expenses cannot be claimed for
both estate tax and income tax purposes. The expenses incurred In the sale
of property are deductible from the gross estate only if the sale was necessary
to pay decedent debts, or to preserve or distribute the property of the estate.
For more information, refer to Publication 559, Survivors, Executors,
and Administrators, designed to help those in charge of the property
(estate) of an individual who has died. Also, refer to Publication 950, Introduction
to Estate and Gift Taxes.
In general, administration expenses deductible in figuring the estate tax
include: fees paid to the fiduciary for administering the estate; attorney,
accountant, and return preparer fees; expenses incurred for the management,
conservation, or maintenance of property; expenses in connection with the
determination, collection, or refund of the estate's tax liability.
For additional information on this subject see Estates.
References:
- Publication 559, Survivors, Executors, and Administrators
- Publication 950, Introduction to Estate and Gift Taxes
- Form 706 (PDF), United States
Estate (and Generation-Skipping Transfer) Tax Return
- Form 1041 (PDF), U.S. Income
Tax Return for Estates and Trusts