Saving the StoreSaving the Store

Internal Revenue Code Section 6166 is one of the most favorable sections for taxpayers who own closely held businesses. Attorneys who represent business owners must understand the technical rules that apply with respect to IRC Section 6166. Many decedents who could qualify for deferral of federal estate tax under Section 6166 (6166 deferral) will miss this opportunity solely due to a lack of lifetime planning. Without Section 6166 planning, a family business may need to be sold to pay estate taxes.

The estate of a U.S. citizen or resident decedent¹ with assets in excess of the federal estate tax exclusion amount is required to pay approximately 40 percent of such excess in federal estate tax.² A decedent’s worldwide assets are subject to ...