# 26 U.S.C. § 6035: Basis information to persons acquiring property from decedent

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s6035>. Cite pinpoints as 26 U.S.C. § 6035(a)(1).

## § 6035(a) Information with respect to property acquired from decedents

**§ 6035(a)(1) In general.** The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent’s gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.

**§ 6035(a)(2) Statements by beneficiaries.** Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1).

**§ 6035(a)(3) Time for furnishing statement.**

**§ 6035(a)(3)(A) In general.** Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of—

**§ 6035(a)(3)(A)(i)** the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or

**§ 6035(a)(3)(A)(ii)** the date which is 30 days after the date such return is filed.

**§ 6035(a)(3)(B) Adjustments.** In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made.

## § 6035(b) Regulations

The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to—

**§ 6035(b)(1)** the application of this section to property with regard to which no estate tax return is required to be filed, and

**§ 6035(b)(2)** situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property.

## Regulations

- [Treas. Reg. § 1.6035-0](/26/reg/1.6035-0.md): Table of contents. (interprets § 6035)
- [Treas. Reg. § 1.6035-1](/26/reg/1.6035-1.md): Basis information to persons acquiring property from decedent. (interprets § 6035)
- [Treas. Reg. § 1.6035-2](/26/reg/1.6035-2.md): Transitional relief. (interprets § 6035)

## Forms named in the regulations

- [Form 8971](https://www.irs.gov/pub/irs-pdf/f8971.pdf)

## Final rules

- [89 FR 76356](https://www.federalregister.gov/documents/2024/09/17/2024-20429/consistent-basis-reporting-between-estate-and-person-acquiring-property-from-decedent) (2024): Consistent Basis Reporting Between Estate and Person Acquiring Property From Decedent
- [84 FR 9231](https://www.federalregister.gov/documents/2019/03/14/2019-03474/eliminating-unnecessary-tax-regulations) (2019): Eliminating Unnecessary Tax Regulations
- [81 FR 86953](https://www.federalregister.gov/documents/2016/12/02/2016-28906/consistent-basis-reporting-between-estate-and-person-acquiring-property-from-decedent) (2016): Consistent Basis Reporting Between Estate and Person Acquiring Property From Decedent
- [69 FR 55743](https://www.federalregister.gov/documents/2004/09/16/04-19478/place-for-filing) (2004): Place for Filing
- [FR Doc. 94-30586](https://www.federalregister.gov/documents/1994/12/14/94-30586/information-returns-required-of-united-states-persons-with-respect-to-certain-foreign-corporations) (1994): Information Returns Required of United States Persons With Respect To Certain Foreign Corporations

## Proposed regulations (not in force)

- [Prop. Treas. Reg. § 1.6035-3](/26/prop/1.6035-3_2016-04718.md): [Removed] (REG-127923-15, proposed 2016-03-04)

## Connections

Cites: § 6018 Estate tax returns

Cited by: § 1014 Basis of property acquired from a decedent; § 6724 Waiver; definitions and special rules

## Prior provisions

- A prior section 6035, act Aug. 16, 1954, ch. 736, 68A Stat. 743; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–248, title III, § 340(a), Sept. 3, 1982, 96 Stat. 633, related to information returns of officers, directors, and shareholders of foreign personal holding companies, prior to repeal by Pub. L. 108–357, title IV, § 413(c)(26), (d)(1), Oct. 22, 2004, 118 Stat. 1509, 1510, applicable to taxable years of foreign corporations beginning after Dec. 31, 2004, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.

## Amendments

- 2015-07-31: [Pub. L. 114-41](/26/act/114-41.md), 129 Stat. 455
