Yes. Portability must be elected on a timely-filed federal estate tax return. This is the case even though a federal estate tax return would not otherwise be required, such as if the estate of the deceased spouse is below the threshold for federal estate taxation.
About Allen Leavitt
Allen Leavitt was raised in Las Vegas, Nevada. Allen attended University of Nevada-Las Vegas, where he received a bachelor’s degree in Business Administration and Economics in 2006. Then, wanting to couple his business degree with a law degree, Allen attended William S. Boyd School of Law at UNLV. Allen is licensed to practice in all Nevada Courts.
