health, maintenance and support. Upon her death, the
remainder, if any, will be distributed to charity. This
estate qualifies for a compromise determination
because the trustees may invade principal for the ben-
efit of the life tenant, thereby affecting the value of the
remainder interest which may ultimately pass to charity.
Example 3 - Decedent’s will creates two trusts for the
benefit of the surviving spouse. The first trust (TRUST
A) provides for income payable to the spouse for life
with the remainder payable to issue at the spouse’s
death. The second trust (TRUST B) also provides for
income payable to the spouse for life, principal payable
at the trustee’s discretion, if needed, for support of the
surviving spouse and also for the support and educa-
tion of issue, after consideration of all other available
resources, with the remainder to pass to issue at the
death of the surviving spouse.
In this example, TRUST A is not subject to future inter-
est compromise tax since the value of the spouse’s
interest can be determined by the use of an actuarial
calculation and would be taxable at the rate determined
by the decedent’s date of death. (For dates of death
after December 31, 1994, TRUST A would be includ-
able only if it were subject to an election made by the
decedent’s estate under Section 9113(a).)
Since TRUST B is not for the sole use of the surviving
spouse, it cannot be considered a Section 9113
arrangement and, therefore, qualifies for a future inter-
est compromise tax determination. The uncertainty to
be resolved is whether trust principal will be consumed
for the benefit of the surviving spouse and issue, there-
by affecting the amount available for distribution to the
decedent’s issue at the death of the spouse. (For dates
of death before July 1, 1994, TRUST B is not subject to
a future interest compromise tax determination since all
potential beneficiaries are of the same class and tax
rate). For dates of death between July 1, 1994 and
December 31, 1994, future interest compromise tax
would apply because the spousal tax rate was 3% and
the other potential beneficiaries would be subject to tax
at 6%
To request a compromise determination, the person
responsible for filing the return must check block 4
“Limited Estate” and check block 4a “Future Interest
Compromise” of the REV-1500 cover sheet.
If a contingency makes it impossible on the date of
death to determine the rate of tax which will apply when
a future interest vests in possession and enjoyment and
a compromise determination is not requested by the
taxpayer, the Department will assess tax at the highest
rates which would apply at all points of uncertainty in
the chain of distribution.
Schedule “M”, “Future Interest Compromise,” must
accompany the return if a compromise determination is
requested. All information having a direct or indirect
effect on the compromise portion of the estate should
be presented with the return. Required data would
include the name, relationship, date of birth, age and
sex of each beneficiary involved in the future interest
compromise. The estate is encouraged to provide any
information that is deemed to have an impact on the
possible future benefit to the respective beneficiaries so
that the Department may make informed judgments.
This may include, but would not be limited to: the health
and lifestyle of the respective beneficiaries, individual
wealth of the beneficiary, average expenses, expected
income, etc. The estate’s compromise offer should be
supported by as much factual data and explanatory
information as possible.
The Department of Revenue will review the information
presented to determine if a compromise determination
is appropriate and to evaluate the suggested compro-
mise tax amount submitted by the taxpayer. The
Department’s review may be conducted on actuarial
computation, subjective analysis, or a combination of
both.. If the facts presented on Schedule M do not
reveal any extraordinary circumstances, the determina-
tion of the Department will be made by an actuarial for-
mula without any subjective review. For instance, if, in
Example 1 no exceptional circumstances are identified,
the Department’s analysis and compromise offer would
be based strictly on an actuarial formula. The formula
developed for use in compromise situations involves an
actuarially derived probability factor which is applied to
determine the present value of the probability that the
secondary beneficiary will survive the life tenant (in this
example, the 38 year old son would survive the 65 year
old wife.) The amount of the principal of the trust is mul-
tiplied by the probability factor to determine the amount
taxable at each of the applicable tax rates
The Chief of the Inheritance Tax Division, upon written
request, will provide the probability factor in the case of
an actual decedent prior to the filing of the tax return.
Inquiries should be addressed to PA Department of
Revenue, Bureau of Individual Taxes, Inheritance Tax
Division, Dept. 280601, Harrisburg, PA 17128-0601.
The request for a probability factor must identify the
estate, date of death and bureau file number and must
be accompanied by a copy of any relevant instrument.
The facts described in Example 2 require subjective
analysis before a compromise can be reached. Since
the trustee has the power to invade principal for the
benefit of the life tenant, a reasonable determination
must be made to estimate the probable need for use of
principal. In reviewing the facts of this estate, the
Department would consider the health of the life tenant,
her average expenses, any expected extraordinary
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