IRS Form 706 (Schedule H) – Powers of Appointment – In the complex world of estate planning, powers of appointment play a crucial role in determining how assets are distributed and taxed after death. For executors handling large estates, IRS Form 706—the United States Estate (and Generation-Skipping Transfer) Tax Return—requires detailed reporting of these powers. Specifically, Schedule H of Form 706 addresses powers of appointment, ensuring that certain assets are properly included in the decedent’s gross estate for federal estate tax purposes. This guide breaks down everything you need to know about Schedule H, from definitions and filing requirements to step-by-step completion instructions, all based on the latest IRS guidelines as of 2025.
Whether you’re an estate executor, financial advisor, or planning your own legacy, mastering Schedule H can help minimize tax liabilities and avoid IRS penalties. With the basic exclusion amount rising to $13,990,000 for decedents dying in 2025, more estates may qualify for portability elections, but accurate reporting of powers remains essential.

What Is a Power of Appointment?
A power of appointment is a legal authority granted to an individual (the “donee”) by someone else (the “donor”) to decide who will receive or benefit from certain property, and when that transfer occurs. This tool is commonly used in trusts and wills to provide flexibility in asset distribution without giving the donee outright ownership.
According to IRS regulations under Internal Revenue Code (IRC) Section 2041, powers of appointment are classified into two main types:
- General Power of Appointment: This broad authority allows the donee to appoint the property to anyone, including themselves, their estate, their creditors, or the creditors of their estate. It’s considered a taxable event because it gives the donee near-complete control, akin to ownership.
- Special (or Limited) Power of Appointment: Here, the donee can only appoint the property to a restricted group, such as descendants or charities, excluding themselves or their creditors. These are generally nontaxable for estate purposes.
Powers must be created by someone other than the decedent and do not include powers over property the decedent transferred themselves. For example, a trust settlor might grant a surviving spouse a power to direct assets to children, influencing estate tax outcomes.
Understanding these distinctions is key for IRS Form 706 Schedule H, as only general powers trigger inclusion in the gross estate.
The Role of Schedule H in Form 706
IRS Form 706 is filed by the executor to calculate federal estate tax on estates exceeding the applicable exclusion amount. Schedule H—Powers of Appointment is a supporting schedule attached to Form 706 when the decedent held, exercised, or released a general power of appointment.
When Must You File Schedule H?
Complete and attach Schedule H if the answer to Question 14 in Part IV (General Information) of Form 706 is “Yes”: “Did the decedent ever possess, exercise, or release any general power of appointment?” Failure to report can lead to penalties, including understatements of tax liability.
This schedule ensures compliance with IRC Section 2041, which mandates inclusion of property subject to a general power in the decedent’s gross estate. For 2025 decedents, even estates below the $13,990,000 threshold may file Form 706 solely for portability of the deceased spousal unused exclusion (DSUE) amount, but Schedule H is still required if applicable.
Key Changes for 2025
The IRS redesigned Form 706 and its schedules in 2025 for efficiency, separating schedules into standalone PDFs and updating numbering (e.g., Parts I–VI use Roman numerals). The estate tax closing letter (ETCL) fee dropped to $56 for requests after May 21, 2025, and representation now requires separate Form 2848. No substantive changes affect Schedule H’s core rules, but inflation adjustments apply to exclusion amounts.
IRS Form 706 (Schedule H) Download and printable
Download and Print: IRS Form 706 (Schedule H)
Step-by-Step Guide: How to Complete Schedule H
Schedule H is straightforward but requires precise valuation and documentation. Use the fair market value (FMV) as of the decedent’s date of death (or alternate valuation date if elected). Attach copies of trust instruments or wills creating the powers.
Part 1: General Powers Created After October 21, 1942
This section covers post-1942 general powers, which are fully includible under IRC Section 2041(a)(2).
| Line | Description | Instructions |
|---|---|---|
| 1 | Description of property subject to power | List assets (e.g., “Residuary trust corpus: stocks, bonds valued at $500,000”). Include date power was created. |
| 2 | Value of property (FMV at death) | Enter total FMV; use appraisals for complex assets. |
| 3 | Total from additional sheets | Aggregate if multiple powers. |
| 4 | Total general powers (enter on Form 706, line 4) | Sum of lines 2 and 3; this feeds into the gross estate calculation. |
Tip: For partial powers (e.g., exercisable with others), prorate inclusion: Divide property value by the number of power holders (including decedent).
Part 2: General Powers Created on or Before October 21, 1942
Pre-1942 powers follow transitional rules under IRC Section 2041(a)(3). Only the value attributable to post-1942 enjoyment is includible.
- Line 5: Description and date created.
- Line 6: Value includible (post-1942 portion).
- Line 7: Total (rarely used today).
Part 3: Releases or Lapses
If the decedent released a general power within three years of death (IRC Section 2041(b)(2)), or if a lapse occurred, report the released value here. Full releases are treated as partial exercises.
- Line 8: Description of released power.
- Line 9: Value released/lapsed.
- Line 10: Total.
Valuation Methods
Value property at FMV on the date of death (or six months later if alternate valuation is elected on Form 706). For trusts, use the FMV of underlying assets. Discounts may apply for lack of marketability, but consult IRS guidelines. Attach Form 712 for life insurance or appraisals for real estate.
Tax Implications of Powers of Appointment
General powers trigger estate tax inclusion, potentially pushing the estate over the 2025 exclusion of $13,990,000 and into the 40% top rate. However:
- Special Powers: Excluded entirely, preserving tax efficiency.
- Marital Deduction: Qualified terminable interest property (QTIP) with powers may qualify for unlimited marital deductions (Schedule M).
- Generation-Skipping Transfer (GST) Tax: Powers can affect GST exemption allocation (Schedule R).
- Gift Tax Tie-In: Lifetime exercises may require Form 709 reporting.
Executors should review prior Forms 709 for adjusted taxable gifts, as they reduce the estate tax credit.
Common Mistakes and How to Avoid Them
- Overlooking Partial Powers: Always prorate; e.g., a power shared with two others includes only 1/3 of the value.
- Incorrect Classification: Mislabeling a special power as general can inflate the estate unnecessarily—review trust language carefully.
- Missing Documentation: Attach creating instruments; IRS audits often scrutinize Schedule H.
- Valuation Errors: Use consistent FMV dates across schedules; discrepancies delay processing.
- Ignoring Releases: Even lapses within three years count—track all changes.
Penalties for errors include 20% accuracy-related or up to 75% for fraud. Seek professional advice for estates over $5 million.
Filing Deadlines and Where to Send Form 706
File Form 706 (with Schedule H) within nine months of death, or request an extension via Form 4768 (up to six months). Mail to: Department of the Treasury, Internal Revenue Service, Cincinnati, OH 45999. E-filing isn’t available, but electronic funds withdrawal is for payments.
For nonresidents, use Form 706-NA with similar Schedule H rules.
Final Thoughts: Optimize Your Estate with Expert Guidance
IRS Form 706 Schedule H ensures fair taxation of powers of appointment, but proper planning can unlock deductions and elections like portability. With the 2025 exclusion at $13,990,000, proactive estate strategies—such as limited powers in irrevocable trusts—remain vital.
Consult a certified estate planning attorney or CPA for personalized advice. For the latest forms and instructions, visit IRS.gov/Form706. Accurate completion not only complies with tax law but safeguards your legacy.
This article is for informational purposes only and not tax advice. Always refer to official IRS publications for your situation.








