fpc
Level 4

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I looked in the instructions for the 709.  Qualified Disclaimers are covered there.  The 9-month deadline is mentioned.  But no remedy is covered if the deadline was missed.  One paragraph states:

 

"The 9-month period for making the disclaimer is generally determined separately for each taxable transfer. For gifts, the period begins on the date the transfer is a completed transfer for gift tax purposes."

 

Seems that the instructions would have been an appropriate place to state what happens when the 9 month period is missed.  I suppose, in absence of a remedy, it is inferred that the Qualified Disclaimer rule does not apply and therefore the the surrender of the inherited property is considered to be a gift.

 

??