IRC Sec 643(e) (3) Election
The IRC Sec 643(e)(3) election permits a fiduciary to treat the distribution of in-kind property as having been sold by the entity to the beneficiaries at fair market value (FMV), thereby triggering potential gain, among other consequences.
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Allows a fiduciary to realize a capital gain inherent in the assets that are subject to distribution.
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The capital gain is recognized by the entity (subject to pass-through to a beneficiary)
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The beneficiary takes a fair market value basis in the property distributed.
This election relates to distributable net income (DNI) and should only be made by those with a full understanding of the consequences.
Example: An estate has two beneficiaries. It also has two assets, a residence with a DOD FMV of $900,000 and $1 million of cash. By the time the estate is settled the residence has appreciated in value to $1 million. One beneficiary wants the residence and the other the cash. However, that is not an even distribution since the residence, although worth $1 million, only has a basis of $900,000, meaning it comes with a built-in taxable gain of $100,000. By exercising the IRC Sec 643(e)(3) election both beneficiaries would report an imputed $50,000 LTCG, and the residence will then have a $1 million basis and the residence and cash are equal in distributive value.
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