5495

Request for Discharge from Personal Liability Under Internal Revenue Code Section 2204 or 6905

Agency
IRS
Revision
Rev. December 2008
Fillable fields
80
Pages
3
Official source
IRS form page
Checked
October 21, 2026
Fill 5495 online
Page 1 of form 5495

Form 5495: Request for Discharge From Personal Liability Under Section 2204 or 6905

Form 5495 is the Request for Discharge From Personal Liability Under Internal Revenue Code Section 2204 or 6905. The IRS says the executor representing a decedent's estate or a fiduciary of a decedent's trust files it to request a discharge from personal liability for the decedent's income, gift and estate taxes.

The instructions on the back of the form say that ordinarily the IRS has 3 years after an income tax, gift tax or estate tax return has been filed to assess tax. Nine months, or 6 months for a fiduciary's request, after the IRS receives the request or the earlier payment of any amount the IRS determines is owed, the executor or fiduciary is discharged from personal liability for any deficiency later found to be due.

You can fill out Form 5495 free in your browser on this page and download the result without an account.

What's on Form 5495

Decedent and requester

The decedent's name, date of death and Social Security number, and the requester's name, title, address and daytime phone number.

Kind of tax

Three boxes: Income, Gift and Estate.

Tax returns table

For each return: form number, tax period ended, SSN or EIN on the return, name and address shown on the return, service center where filed and date filed.

Spouse

If applicable, the name and Social Security number of the decedent's spouse, surviving or deceased.

Attachments

Boxes for copies of the returns listed, copies of letters of administration or letters testamentary, and Other, with space to describe.

Request and signature

The request for discharge under section 2204 or 6905, a declaration under penalties of perjury, a certification about fraud, and the requester's signature, date and identifying number.

How to fill out Form 5495

  1. 1

    Decedent

    Enter the decedent's name, date of death and Social Security number.

  2. 2

    Requester

    Enter the requester's name, title, street address, city, state and ZIP code, and daytime phone number. Then check the kind of tax.

  3. 3

    Returns

    List each return for which discharge is requested, with its form number, tax period, SSN or EIN, name and address, service center and filing date.

  4. 4

    Spouse

    If applicable, enter the name and Social Security number of the decedent's spouse.

  5. 5

    Attachments

    Check the items attached. The instructions say that if the form is filed after Form 706, a copy of pages 1 to 3 and Schedules A through I of Form 706 is attached. Filed with the estate tax return, no extra copy is needed.

  6. 6

    Sign

    Sign, date and enter the identifying number. If the fraud certification can't be made, the form says to attach a detailed statement explaining the circumstances.

Why fill Form 5495 on indox

You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.

  • Fill the form right in your browser, no software to install
  • Free to fill and free to download, with no account
  • The official blank straight from the IRS, not a copy someone retyped
  • Works on a phone, tablet or computer

When and where to file

When to file

Not until after the income or gift tax returns listed are filed. For estate tax, the form can be attached to Form 706 or filed any time during the 3-year period after Form 706 is filed.

Where to file

The updated note at the front of the PDF says to send it to the IRS service center where the listed returns were filed, with a separate Form 5495 for each service center when returns were filed at different ones.

Gift and estate tax address

For gift tax reported on Form 709, or when Form 706 has been filed, the note gives: Internal Revenue Service, Stop 824G, 7940 Kentucky Drive, Florence, KY 41042-2915.

Later returns

The instructions say a separate request is submitted for any tax returns filed after this Form 5495.

Bond

In certain cases where the date for payment of the estate tax has been extended, the instructions say the IRS may require a bond as a condition for discharge.

Own format

A written request in your own format can be used if it lists the same information as the form and includes the applicable attachments.

Who files Form 5495?

  • Executors of a decedent's estate

    The instructions define an executor as the executor or administrator of a decedent who was appointed, qualified and acting within the United States.

  • Fiduciaries of a decedent's trust

    A fiduciary requesting discharge under section 2204 checks the Other box and includes a copy of the trust instrument, a list of assets transferred from the decedent to the trust and any other relevant information.

  • Income, gift and estate taxes

    The form covers the decedent's income, gift and estate taxes. The requester checks the kind of tax and lists each return for which discharge is requested.

  • Optional request

    The Privacy Act notice says you are not required to request discharge from personal liability, but a request needs the information the form asks for.

The IRS page says the executor of a decedent's estate or the fiduciary of a decedent's trust files it. The request goes to the IRS.

Official sources and the blank

Do it all with indox

View all 123 tools

Questions about Form 5495

Who can file Form 5495?

The IRS says the executor representing a decedent's estate or a fiduciary of a decedent's trust files it.

How long until the discharge takes effect?

The instructions say nine months, or 6 months for a fiduciary's request, after the IRS receives the request or the earlier payment of any amount the IRS determines is owed.

Can Form 5495 be filed with Form 706?

Yes. For estate tax, the instructions say it may be attached to Form 706 or filed any time during the 3-year period after Form 706 is filed.

Where do I send Form 5495?

To the service center where the listed returns were filed. For gift tax on Form 709, or when Form 706 has been filed, the form gives the IRS address in Florence, KY.

Do I have to use the IRS form?

No. The instructions allow your own format if the written request lists the same information as Form 5495 and includes the applicable attachments.

What does a trust fiduciary attach?

A fiduciary requesting discharge under section 2204 checks Other and includes a copy of the trust instrument, a list of assets transferred from the decedent to the trust and any other relevant information.