PART 28—IMPOSITION OF TAX ON GIFTS AND BEQUESTS FROM COVERED EXPATRIATES Source: 90 FR 3395, Jan. 14, 2025, unless otherwise noted. Authority: 26 U.S.C. 7805. Section 28.2801-0 through 28.2801-7 also issued under 26 U.S.C. 2801. Section 28.6001-1 also issued under 26 U.S.C. 6001. Section 28.6011(a)-1 also issued under 26 U.S.C. 6011 and 6011(a). Section 28.6060-1 also issued under 26 U.S.C. 6060 and 6060(a). Section 28.6071(a)-1 also issued under 26 U.S.C. 6071 and 6071(a). Section 28.6081-1 also issued under 26 U.S.C. 6081 and 6081(a). Section 28.6091-1 also issued under 26 U.S.C. 6091 and 6091(a). Section 28.6101-1 also issued under 26 U.S.C. 6101. Section 28.6107-1 also issued under 26 U.S.C. 6107 and 6107(c). Section 28.6109-1 also issued under 26 U.S.C. 6109 and 6109(a). Section 28.6151-1 also issued under 26 U.S.C. 6151. Section 28.6694-1 through 28.6694-4 also issued under 26 U.S.C. 6694. Section 28.6695-1 also issued under 26 U.S.C. 6695. Section 28.6696-1 also issued under 26 U.S.C. 6696 and 6696(c). Section 28.7701-1 also issued under 26 U.S.C. 7701. § 28.2801-0 Table of contents. This section lists the headings in §§ 28.2801-1 through 28.2801-7. § 28.2801-1 Tax on certain gifts and bequests from covered expatriates. (a) In general. (b) Applicability date. § 28.2801-2 Definitions. (a) Overview. (b) U.S. citizen or resident. (c) Domestic trust. (d) Foreign trust. (1) In general. (2) Electing foreign trust. (3) Non-electing foreign trust. (e) U.S. recipient. (f) Covered bequest. (g) Covered gift. (h) Expatriate and covered expatriate. (i) Indirect acquisition of property. (j) Power of appointment. (k) Section 2801 tax. (l) Section 2801(c) amount. (m) Statutory references. (1) Code. (2) Subtitle B. (n) Applicability date. § 28.2801-3 Rules and exceptions applicable to covered gifts and covered bequests. (a) Covered gift. (b) Covered bequest. (c) Exceptions to covered gift and covered bequest. (1) Reported taxable gifts. (2) Property reported as subject to estate tax. (3) Covered bequest previously subject to section 2801 tax as a covered gift. (4) Transfers to charity. (5) Transfers to spouse. (6) Qualified disclaimers. (d) Covered gifts and covered bequests made in trust. (e) Powers of appointment. (1) Covered expatriate as holder of power. (2) Covered expatriate as grantor of power. (f) Examples. (g) Applicability date. § 28.2801-4 Liability for and payment of tax on covered gifts and covered bequests; computation of tax. (a) Liability for tax. (1) U.S. citizen or resident. (2) Domestic trust. (i) In general. (ii) Generation-skipping transfer tax. (iii) [Reserved]. (iv) Migrated foreign trust. (3) Foreign trust. (i) In general. (ii) Income tax deduction. (b) Computation of tax. (1) In general. (2) Net covered gifts and covered bequests. (c) Value of covered gift or covered bequest. (d) Date of receipt. (1) In general. (2) Covered gift. (3) Covered bequest. (4) Domestic trusts and electing foreign trusts. (5) Non-electing foreign trusts. (6) Powers of appointment. (i) Covered expatriate as holder of power. (ii) Covered expatriate as grantor of power. (7) Indirect receipts. (8) Future interest in property not in trust. (i) Date of receipt. (ii) Date-of-receipt election for future interest in property not in trust. (e) Reduction of tax for foreign gift or estate tax paid. (1) In general. (2) Protective claim for refund. (f) Examples. (g) Applicability date. § 28.2801-5 Foreign trusts. (a) In general. (b) Distribution defined. (c) Amount of distribution attributable to covered gift or covered bequest. (1) Section 2801 ratio. (i) In general. (ii) Computation. (2) Effect of reported transfer and tax payment. (3) Inadequate information to calculate section 2801 ratio. (d) Foreign trust treated as domestic trust. (1) Election required. (2) Effect of election. (3) Time and manner of making the election. (i) When to make the election. (ii) Requirements for a valid election. (iii) Section 2801 tax payable with the election. (iv) Designation of U.S. agent. (A) In general. (B) Role of designated agent. (C) Effect of appointment of agent. (4) Filing requirement. (5) Duration of status as electing foreign trust. (i) In general. (ii) Termination. (A) Manner of termination. (B) Effective date of termination. (C) Notice requirements upon termination. (iii) Subsequent elections. (6) Dispute as to amount of section 2801 tax owed by electing foreign trust. (i) Procedure. (ii) Effect of compliance. (iii) Effect of failing to comply (imperfect election). (A) In general. (B) Notice to permissible distributees. (C) Reasonable cause. (D) Interim period. (7) No overpayment caused solely by virtue of defect in election. (e) Examples. (f) Applicability date. § 28.2801-6 Special rules and cross-references. (a) Determination of basis. (b) Generation-skipping transfer tax. (c) Information returns. (1) Gifts and bequests. (2) Foreign trust distributions. (3) Penalties and use of information. (d) Application of penalties. (1) Accuracy-related penalties on underpayments. (2) Penalty for substantial and gross valuation misstatements attributable to incorrect appraisals. (3) Penalty for failure to file a return and to pay tax. (e) Applicability date. § 28.2801-7 Determining responsibility under section 2801. (a) Responsibility of U.S. citizens or residents receiving gifts or bequests from expatriates. (b) Disclosure of return and return information. (1) In general. (2) Rebuttable presumption. (c) Protective return. (d) Applicability date. § 28.2801-1 Tax on certain gifts and bequests from covered expatriates. (a) In general. See (b) Applicability date. § 28.2801-2 Definitions. (a) Overview. (b) U.S. citizen or resident. U.S. citizen or resident (c) Domestic trust. domestic trust (d) Foreign trust In general. foreign trust (2) Electing foreign trust. electing foreign trust See (3) Non-electing foreign trust. non-electing foreign trust (e) U.S. recipient. U.S. recipient See (f) Covered bequest. covered bequest covered bequest See covered bequest. (g) Covered gift. covered gift covered gift See (h) Expatriate and covered expatriate. expatriate covered expatriate See (i) Indirect acquisition of property. (1) Property acquired by a recipient through a transfer to a corporation or other entity other than a trust or estate, to the extent of the ownership interest of the recipient in that corporation or other entity; (2) Money paid or property distributed by a covered expatriate, or distributed from a non-electing foreign trust that received a covered gift or covered bequest, in satisfaction of a debt or liability of the recipient, regardless of the payee of that payment or distribution; (3) Property acquired by or on behalf of a recipient pursuant to the exercise, release, or lapse (without regard to the exception in section 2041(b)(2) or 2514(e) of the Code) of a non-covered expatriate's power of appointment granted by a covered expatriate over property not in trust, unless the property previously was subjected to section 2801 tax upon the grant of the power or the covered expatriate had no more than a non-general power of appointment over that property; and (4) Property acquired through or from any person not subject to the section 2801 tax that is, in substance, a covered gift or covered bequest from a covered expatriate. (j) Power of appointment. power of appointment general power of appointment non-general power of appointment power of appointment (k) Section 2801 tax. section 2801 tax (l) Section 2801(c) amount. section 2801(c) amount (m) Statutory references Code. Code (2) Subtitle B. subtitle B (n) Applicability date. § 28.2801-3 Rules and exceptions applicable to covered gifts and covered bequests. (a) Covered gift. gift covered gift (b) Covered bequest. by reason of the death of a covered expatriate (1) By bequest, devise, trust provision, beneficiary designation, or other contractual arrangement, or by operation of law, to the extent the property would have been includible in the covered expatriate's gross estate if the covered expatriate had been a U.S. citizen at death; (2) That was transferred by the covered expatriate during life, either before or after expatriation, and that would have been includible in the covered expatriate's gross estate under section 2036, 2037, or 2038 of the Code had the covered expatriate been a U.S. citizen at death; (3) That was received for the benefit of a covered expatriate from such covered expatriate's spouse, or predeceased spouse, for which a valid qualified terminable interest property (QTIP) election was made on such spouse's, or predeceased spouse's, Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, United States Gift (and Generation-Skipping Transfer) Tax Return of Nonresident Not a Citizen of the United States, United States Estate (and Generation-Skipping Transfer) Tax Return, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of nonresident not a citizen of the United States, (4) That otherwise passed from the covered expatriate by reason of his or her death, such as— (i) Property held by the covered expatriate and another person as joint tenants with right of survivorship or as tenants by the entirety, but only to the extent such property would have been includible in the covered expatriate's gross estate under section 2040 of the Code if the covered expatriate had been a U.S. citizen at death; (ii) Any annuity or other payment that would have been includible in the covered expatriate's gross estate if the covered expatriate had been a U.S. citizen at death; (iii) Property subject to a general power of appointment held by the covered expatriate at death that would have been includible in the covered expatriate's gross estate under section 2041 if the covered expatriate had been a U.S. citizen at death; or (iv) Life insurance proceeds payable upon the covered expatriate's death that would have been includible in the covered expatriate's gross estate under section 2042 of the Code if the covered expatriate had been a U.S. citizen at death. (c) Exceptions to covered gift and covered bequest. covered gift covered bequest covered gift covered bequest (1) Reported taxable gifts. (2) Property reported as subject to estate tax. U.S. Estate Tax Return for Qualified Domestic Trusts, (3) Covered bequest previously subject to section 2801 tax as a covered gift. (4) Transfers to charity. (5) Transfers to spouse. See (6) Qualified disclaimers. (d) Covered gifts and covered bequests made in trust. See (e) Powers of appointment Covered expatriate as holder of power. (2) Covered expatriate as grantor of power. (f) Examples. (1) Example 1: Transfer to spouse. See United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, See (2) Example 2: Reporting property as subject to estate tax Year 1. (ii) Year 2. Application for Extension of Time to File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes, (iii) Analysis. See (3) Example 3: Covered gift in trust with grant of general power of appointment over trust property Facts. (ii) Effects on Q. See See See (iii) Effects on A. See See See (4) Example 4: Lapse of power of appointment held by covered expatriate. (5) Example 5: Property subject to section 2801 tax as a covered gift and as a covered bequest. (g) Applicability date. § 28.2801-4 Liability for and payment of tax on covered gifts and covered bequests; computation of tax. (a) Liability for tax U.S. citizen or resident. (2) Domestic trust In general. See (ii) Generation-skipping transfer tax. (iii) [Reserved]. (iv) Migrated foreign trust. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (3) Foreign trust In general. See (ii) Income tax deduction. (A) First, the U.S. recipient must determine the total amount of distribution(s) from all non-electing foreign trusts treated as covered gifts and covered bequests received by that U.S. recipient during the calendar year to which the section 2801 tax payment relates. (B) Second, of the amount determined in paragraph (a)(3)(ii)(A) of this section, the U.S. recipient must determine the amount that also is included in the U.S. recipient's gross income for that calendar year. For purposes of this paragraph (a)(3)(ii)(B), distributions from non-electing foreign trusts included in the U.S. recipient's gross income are deemed first to consist of the portion of those distributions, if any, that are attributable to covered gifts and covered bequests. (C) Finally, the U.S. recipient must determine the portion of the section 2801 tax paid for that calendar year that is attributable to the amount determined in paragraph (a)(3)(ii)(B) of this section, the covered gifts and covered bequests received from non-electing foreign trusts that also are included in the U.S. recipient's gross income. This amount is the allowable deduction. Thus, for a calendar year taxpayer, the deduction is determined by multiplying the section 2801 tax paid during the calendar year by the ratio of the amount determined in paragraph (a)(3)(ii)(B) of this section to the total covered gifts and covered bequests received by the U.S. recipient during the calendar year to which that tax payment relates (that is, 2801 tax liability x [non-electing foreign trust distributions attributable to covered gifts and covered bequests that are also included in gross income/total covered gifts or covered bequests received]). (b) Computation of tax In general. Example 1 (2) Net covered gifts and covered bequests. (c) Value of covered gift or covered bequest. (d) Date of receipt In general. (2) Covered gift. (3) Covered bequest. (4) Domestic trusts and electing foreign trusts. (5) Non-electing foreign trusts. (6) Powers of appointment Covered expatriate as holder of power. (ii) Covered expatriate as grantor of power. (7) Indirect receipts. (8) Future interest in property not in trust Date of receipt. (ii) Date-of-receipt election for future interest in property not in trust. (e) Reduction of tax for foreign gift or estate tax paid In general. foreign country (i) The amount of foreign gift or estate tax paid with respect to each covered gift or covered bequest and the amount and date of each payment thereof; (ii) A description and the value of the property with respect to which such taxes were imposed; (iii) Whether any refund of part or all of the foreign gift or estate tax has been or will be claimed or allowed, and the amount of such refund; and (iv) All other information necessary for the verification and computation of the amount of the reduction of section 2801 tax. (2) Protective claim for refund. See https://www.irs.gov Claim for Refund and Request for Abatement, (f) Examples. (1) Example 1: Computation of tax. (2) Example 2: Deduction of section 2801 tax for income tax purposes. (i) $100,000 of B's total covered gifts and covered bequests of $125,000 received in Year 1 consisted of the portion of the distributions from the non-electing foreign trust attributable to covered gifts and covered bequests received by the trust. See paragraph (a)(3)(ii)(A) of this section. (ii) $50,000 of the $500,000 of trust distributions were includible in B's gross income for Year 1. This amount is deemed to consist first of distributions subject to the section 2801 tax ($100,000). Thus, the entire amount included in B's gross income ($50,000) also is subject to the section 2801 tax, and is used in the numerator to determine the income tax deduction available to B. See paragraph (a)(3)(ii)(B) of this section. (iii) The portion of B's section 2801 tax liability attributable to distributions from a non-electing foreign trust that are both covered gifts or covered bequests and includible in B's taxable income is $17,440 ($43,600 × ($50,000/$125,000)). Therefore, B's deduction under section 164 is $17,440. See paragraph (a)(3)(ii)(C) of this section. (3) Example 3: Date of receipt; bona fide claim. (g) Applicability date. § 28.2801-5 Foreign trusts. (a) In general. (b) Distribution defined. distribution distribution distribution See See (c) Amount of distribution attributable to covered gift or covered bequest Section 2801 ratio In general. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates. (ii) Computation. Where, X = The value of the trust attributable to covered gifts and covered bequests, if any, immediately before the contribution (pre-contribution value); this value is determined by multiplying the fair market value of the trust assets immediately prior to the contribution by the section 2801 ratio in effect immediately prior to the current contribution. This amount will be zero for all years prior to the year in which the foreign trust receives its first covered gift or covered bequest; Y = The portion, if any, of the fair market value of the current contribution that constitutes a covered gift or covered bequest; and Z = The fair market value of the trust immediately after the current contribution. See paragraph (e)(1) of this section ( Example 1 (2) Effect of reported transfer and tax payment. See Example 4 (3) Inadequate information to calculate section 2801 ratio. (d) Foreign trust treated as domestic trust Election required. (2) Effect of election (ii) This election has no effect on any distribution from the foreign trust that was made to a U.S. recipient in a calendar year prior to the calendar year for which the election is made. Thus, even after a valid election is made, a distribution to a U.S. recipient in a calendar year prior to the calendar year for which the election is made that was attributable to one or more covered gifts or covered bequests continues to be a distribution attributable to one or more covered gifts or covered bequests and the section 2801 ratio in place at the time of the distribution continues to apply to that distribution. Furthermore, an election under this section does not relieve the U.S. recipient from the information reporting requirements of section 6048(c). See (3) Time and manner of making the election When to make the election. See (ii) Requirements for a valid election. (A) Make the election, timely pay the section 2801 tax, if any, as determined under paragraph (d)(3)(iii) of this section, and include a computation illustrating how the trustee of the foreign trust calculated both the section 2801 ratio described in paragraph (c)(1)(ii) of this section and the section 2801 tax; (B) Designate and authorize a U.S. agent as provided in paragraph (d)(3)(iv) of this section; (C) Agree to timely file Form 708 to report each covered gift and bequest made to the trust in accordance with § 28.2801-5(d)(4); (D) Identify the amount and year of all prior distributions attributable to covered gifts and covered bequests made to a U.S. recipient, and provide the name, address, and taxpayer identification number of each U.S. recipient; (E) Provide a copy of the governing instrument of the trust and provide the name, address, and taxpayer identification number of each permissible distributee described in paragraph (d)(3)(ii)(F) of this section; and (F) Affirm under penalties of perjury that each permissible distributee was notified that the trustee is making (or has made) the election, effective as of January 1 of the calendar year for which the Form 708 on which the election is made is filed. For this purpose, a permissible distributee is any U.S. citizen or resident who: ( 1 ( 2 ( 3 1 2 1 2 (iii) Section 2801 tax payable with the election. (iv) Designation of U.S. agent In general. Power of Attorney and Declaration of Representative, (B) Role of designated agent. Examination of books and witnesses Service of summons Enforcement of summons ( 1 ( 2 (C) Effect of appointment of agent. (4) Filing requirement. See (5) Duration of status as electing foreign trust In general. (ii) Termination Manner of termination. ( 1 ( 2 ( 3 (B) Effective date of termination. ( 1 1 ( 2 2 ( 3 3 (C) Notice requirements upon termination. (iii) Subsequent elections. (6) Dispute as to amount of section 2801 tax owed by electing foreign trust Procedure. (ii) Effect of compliance. (iii) Effect of failing to comply (imperfect election In general. (B) Notice to permissible distributees. ( 1 2 ( 2 ( 3 (C) Reasonable cause. (D) Interim period. (7) No overpayment caused solely by virtue of defect in election. (e) Examples. (1) Example 1: Computation of section 2801 ratio. See (2) Example 2: Distribution to spouse. See See (3) Example 3: Computation of section 2801 ratio when multiple contributions are made to foreign trust. (ii) The fair market value of the trust was $610,000 immediately prior to A's contribution to the trust on January 1, Year X. Therefore, upon the Year X contribution of A's first and only covered gift, the portion of the trust attributable to covered gifts and covered bequests (covered portion) changed from zero to 0.14 ([(section 2801 ratio of 0 × $610,000 fair market value pre-contribution) plus the $100,000 covered gift]/$710,000 fair market value post-contribution). See paragraph (c) of this section. (iii) In February of Year X, B received a distribution of $225,000 from the foreign trust. Although A contributed a total of $600,000 to the foreign trust, only $100,000 of that total was a covered gift, being the only contribution made by A both after the enactment of section 2801 and after A's expatriation. Under paragraph (c) of this section, the portion of the $225,000 distribution from the foreign trust attributable to a covered gift is $31,500 ($225,000 × 0.14 (section 2801 ratio)) because the distribution is made proportionally from the covered and non-covered portions of the trust. See paragraph (c)(1) of this section. Accordingly, B received a covered gift of $31,500. (iv) Pursuant to the terms of the foreign trust, the trust made a terminating distribution on August 5, Year X, when B turned 35, and B received the balance of the appreciated trust, $505,000. The portion of this distribution attributable to covered gifts and covered bequests is $70,700 ($505,000 × 0.14). Therefore, B has received covered gifts from the foreign trust during Year X in the total amount of $102,200 ($31,500 + $70,700). (4) Example 4: Termination of election. (ii) In Year 2, A contributes $100,000 to Trust, all of which is a covered gift. The trustee of Trust fails to timely file a Form 708 for Year 2 and timely pay the section 2801 tax. The fair market value of Trust was $400,000 immediately prior to A's contribution. The section 2801 ratio immediately after A's contribution is 0.20, computed as follows: the pre-contribution value of Trust ($400,000) multiplied by the section 2801 ratio in effect immediately prior to the Year 2 contribution (0), plus the fair market value of the Year 2 contribution that constitutes a covered gift ($100,000), divided by the fair market value of Trust after the Year 2 contribution ($500,000). See paragraph (c)(1) and (2) of this section. If the trustee distributes $40,000 to C, a U.S. citizen, after the contribution in Year 2, then $8,000 ($40,000 × 0.20) is a covered gift to C. In Year 2, C also receives a covered gift of $50,000 directly from B. No one pays foreign gift taxes on B's covered gift. C receives no covered bequests in Year 2. C's section 2801 tax for Year 2 is computed by multiplying C's net covered gifts and covered bequests by 40 percent. C's net covered gifts and covered bequests for Year 2 total $41,000, determined by reducing the covered gifts and covered bequests received by C during Year 2, $58,000 ($8,000 + $50,000), by the section 2801(c) amount, $17,000. C's section 2801 tax liability for Year 2 is $16,400 ($41,000 × 0.4). (5) Example 5: Imperfect election of foreign trust. (ii) In Year 2, CE contributes $200,000 in cash to the foreign trust. The cash is a covered gift. The trustee of the foreign trust timely files a Form 708 reporting the transfer and pays the section 2801 tax. The trust does not make a distribution to any beneficiary during Year 2. In Year 3, the IRS disputes the reported value of the partnership interest transferred in Year 1 and determines that the proper valuation on the date of the gift was $800,000. In Year 3, the IRS issues a letter to the trustee of the foreign trust detailing its finding of the increased valuation and of the resulting additional section 2801 tax including accrued interest, if any, due on or before a later date in Year 3 specified in the letter. The foreign trust fails to pay the additional section 2801 tax liability on or before that due date. (iii) Under paragraph (d)(6)(iii) of this section, the foreign trust's election for Year 1 is terminated and converted into an imperfect election as of January 1 of Year 1. In computing the foreign trust's section 2801 ratio for Year 1, the $500,000 of value on which the section 2801 tax was timely paid is no longer considered to be attributable to a covered gift. See paragraph (d)(6)(iii) of this section. When the trustee advises A of the letter from the IRS, A must file a late Form 708 reporting the portion of the Year 1 distribution attributable to covered gifts and covered bequests. Although A may owe section 2801 tax and interest, A will not owe any penalties under section 6651 as long as A files the Form 708 and pays the tax within six months after A receives notice of the termination of the election from the trustee of the foreign trust or otherwise becomes aware of the termination of the election. See paragraph (d)(6)(iii)(C) of this section. (iv) When A files a Form 708 to report the Year 1 distribution, the IRS will verify whether A treated the $300,000 undervaluation claimed by the IRS as a covered gift in computing the section 2801 ratio. As with any other item reported on that return, A has the burden to prove the value of the covered gift to the foreign trust, and the IRS may challenge that value. If A treats the $300,000 as a covered gift to the trust, under paragraph (c)(1)(ii) of this section, the section 2801 ratio after the Year 1 contribution is 0.375 ($0 + ($300,000)/$800,000)). Thus, 37.5 percent of all distributions made to A from the foreign trust during Year 1 are subject to the section 2801 tax (plus interest from the due date of the tax as if reported on a Form 708 that was timely filed as to Year 1). (v) Although the foreign trust timely filed the Form 708 for Year 2 and timely paid the section 2801 tax shown on that return, and although the foreign trust's election had not yet been terminated and converted into an imperfect election during Year 2, the foreign trust nevertheless did not have a valid election for Year 2 because the trust did not timely pay the section 2801 tax on all covered gifts and covered bequests received in prior years as required in paragraph (d)(3) of this section, specifically, the tax on the additional $300,000 of value of the Year 1 transfer. However, under paragraph (d)(6)(iii)(D) of this section, because the foreign trust timely filed the Form 708 and paid the section 2801 tax on the Year 2 covered gift of $200,000, the $200,000 amount is no longer considered a covered gift for purposes of computing the section 2801 ratio after that contribution. (6) Example 6: Subsequent election after termination of election. Example 5 (f) Applicability date. § 28.2801-6 Special rules and cross-references. (a) Determination of basis. (b) Generation-skipping transfer tax. See (c) Information returns Gifts and bequests. (2) Foreign trust distributions. U.S. person (3) Penalties and use of information. (d) Application of penalties Accuracy-related penalties on underpayments. (i) A substantial valuation understatement under section 6662(g) of a covered gift or covered bequest; or (ii) A gross valuation misstatement under section 6662(h) of a covered gift or covered bequest. (2) Penalty for substantial and gross valuation misstatements attributable to incorrect appraisals. (3) Penalty for failure to file a return and to pay tax. (e) Applicability date. § 28.2801-7 Determining responsibility under section 2801. (a) Responsibility of U.S. citizens or residents receiving gifts or bequests from expatriates. (b) Disclosure of return and return information In general. See b (2) Rebuttable presumption. (c) Protective return. (d) Applicability date. § 28.6001-1 Records required to be kept. (a) In general. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (b) Supplemental information. Life Insurance Statement, (c) Applicability date. § 28.6011-1 Returns. (a) Return required. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (b) Protective return safe harbor. Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, (c) Applicability date. § 28.6060-1 Reporting requirements for tax return preparers. (a) In general. (b) Applicability date. § 28.6071-1 Time for filing returns. (a) In general Due Date. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (i) The fifteenth day of the eighteenth calendar month following the close of the calendar year in which the covered expatriate died; or (ii) The fifteenth day of the sixth month of the calendar year following the close of the calendar year in which the covered bequest was received. (2) If a U.S. recipient receives multiple covered gifts and covered bequests during the same calendar year, the rule in paragraph (a)(1) of this section may result in different due dates and the filing of multiple returns reporting the different transfers received during the same calendar year. (b) Migrated foreign trust. (c) Certain returns by foreign trusts with election under § 28.2801-5(d) for calendar year in which no covered gift or covered bequest received. (d) Applicability date. § 28.6081-1 Extension of time for filing returns reporting gifts and bequests from covered expatriates. (a) In general. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (b) Automatic extension. (c) No extension of time for the payment of tax. (d) Penalties. (e) Applicability date. § 28.6091-1 Place for filing returns. (a) In general. United States Return of Tax for Gifts and Bequests Received from Covered Expatriates, (b) Applicability date. § 28.6101-1 Period covered by returns. See § 28.6011-1 for the rules relating to the period covered by the return. § 28.6107-1 Tax return preparer must furnish copy of return or claim for refund to taxpayer and must retain a copy or record. (a) In general. (b) Applicability date. § 28.6109-1 Tax return preparers furnishing identifying numbers for returns or claims for refund. (a) In general. (b) Applicability date. § 28.6151-1 Time and place for paying tax shown on returns. (a) In general. (b) Applicability date. § 28.6694-1 Section 6694 penalties applicable to return preparer. (a) In general. (b) Applicability date. § 28.6694-2 Penalties for understatement due to an unreasonable position. (a) In general. (b) Applicability date. § 28.6694-3 Penalty for understatement due to willful, reckless, or intentional conduct. (a) In general. (b) Applicability date. § 28.6694-4 Extension of period of collection when tax return preparer pays 15 percent of a penalty for understatement of taxpayer's liability and certain other procedural matters. (a) In general. (b) Applicability date. § 28.6695-1 Other assessable penalties with respect to the preparation of tax returns for other persons. (a) In general. (b) Applicability date. § 28.6696-1 Claims for credit or refund by tax return preparers and appraisers. (a) In general. (b) Applicability date. § 28.7701-1 Tax return preparer. (a) In general. tax return preparer, (b) Applicability date.