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Self-Study Courses

Filing for Portability: A Guide to Filing 706 for a Non-Taxable Estate

2 CPE Credits $41.00/credit hour
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Filing a federal estate tax return when no estate tax is due may seem unnecessary—until portability enters the picture. The ability to preserve a deceased spouse’s unused exclusion (DSUE) is now a cornerstone of modern estate tax planning, and failing to properly file Form 706 can permanently forfeit millions of dollars in transfer tax protection.

This practical, step by step course equips tax and estate professionals with the knowledge needed to confidently prepare and file Form 706 solely to elect portability in non taxable estates.

Participants will examine portability eligibility requirements, filing deadlines, and documentation standards, along with a detailed walkthrough of completing Form 706 for portability purposes only. The course highlights common practitioner errors that can invalidate the election, late filed relief considerations, and planning scenarios where filing—even when not strictly required—can create long term tax value for surviving spouses. Emphasis is placed on best practices that protect clients from future estate and gift tax exposure while reducing professional risk.

Per the IRS Education Provider Standards this course must be COMPLETED by 12/31/2029 to receive credits. NOTE: Go to My Professional Profile in your CCH CPELink account settings to ensure your name, and PTIN number; matches your PTIN card

Publication Date: August 2026

Designed For
This course is designed for professionals responsible for advising clients on estate settlement, estate tax compliance, and long‑term wealth transfer planning.

Topics Covered

  • Overview of estate tax portability and DSUE mechanics
  • Determining whether a non‑taxable estate should file Form 706
  • Portability election requirements and filing deadlines
  • Step‑by‑step preparation of Form 706 for portability only
  • Valuation and disclosure considerations in non‑taxable estates
  • Common errors that invalidate portability elections
  • Planning implications and long‑term benefits for surviving spouses

Learning Objectives

  • Explain the concept of estate tax portability and the purpose of preserving a deceased spouse’s unused exclusion (DSUE)
  • Identify eligibility requirements for electing portability in non‑taxable estates
  • Prepare Form 706 for the sole purpose of making a valid portability election
  • Recognize filing mistakes and documentation errors that jeopardize portability
  • Evaluate planning scenarios where filing for portability provides long‑term tax advantages to the surviving spouse

Level
Basic

Instructional Method
Self-Study

NASBA Field of Study
Taxes (2 hours)

Program Prerequisites
None

Advance Preparation
None

Instructor

Klaralee R. Charlton

Klaralee Charlton is a Partner at 3i Law in Denver, Colorado. She practices fiduciary tax, estate administration, and business transactional law. As part of her practice, she guides clients through the process of administering a loved one’s estate including the collection, valuation, management and transfer of assets including financial accounts, real estate, and business interests with a focus on minimizing estate and income tax liability. Klaralee also works closely with trustees of ongoing trusts to ensure compliance and prepares clients’ fiduciary income tax returns annually.

Klaralee has written and lectured on topics including estate and gift tax, fiduciary income tax reporting and U.S. regulations governing the valuation of small family businesses. She is an active member of the Colorado Bar Association, Tax Section and Adjunct Profession at the University of Denver, Graduate Tax Program.

She earned her J.D. in 2011 from the University of Utah, S.J. Quinney College of Law, her LL.M. in Tax Law from the University of Denver in 2013, and her B.A. in political science in 2009 from Bryn Mawr College. She is admitted to practice in both Colorado and Montana.
$82.00 / 2 CPE
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