On Friday, the IRS issued final rules governing the requirements for electing portability of a deceased spousal unused exclusion (DSUE) amount to the surviving spouse and the rules for the surviving spouse’s use of the DSUE amount (T.D. 9725). The final rules, which apply to estates of decedents dying on or after June 12, 2015, adopt temporary regulations issued three years ago (T.D. 9593) with a few clarifying changes and remove the temporary regulations. (The temporary regulations still apply to estates of decedents dying on or after Jan. 1, 2011, and before June 12, 2015.)
IRS issues final portability rules for estate tax exemptions