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T.V.Pillai   05 March 2025

Form 5173 issued by irs,usa

I am based in Chennai. 
My late son was working between Nov 2012 to June 2019 in the US. My late son had filed his 2019 US tax returns.
He had returned to India in June 2019. He was working in India subsequently. 
He had passed away in Aug 2023. He was 36 years at the time of his demise. 
His stock plan account was being handled by a fund management company in the US.
When I had approached the fund management company regarding my late son's Stock Plan account with them, they had asked for number of documents.
As per the fund management company, Form 5173 (from IRS) has to be submitted along with other documents mentioned in their communication.
They have advised me to seek the help of an estate attorney for obtaining Form 5173.
 
Is it possible to obtain Form 5173 from IRS by estate lawyers based in India ? 
 
Thanks & Regards,
T.V.Pillai


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     05 March 2025

Have you really understood the requirements to be complied with in this regard?

If not then consult an experienced lawyer in the local and be advised on all such further issues to proceed further.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 March 2025

Form 5173 and Estate Tax: 1. *Purpose*: Form 5173 is used to certify that an estate tax return is not required or that the estate tax liability has been satisfied.

2. *Requirement*: The fund management company is requesting Form 5173 to ensure compliance with US tax regulations.

Obtaining Form 5173: 1. *IRS Requirements*: The IRS typically requires a representative of the estate, such as an executor or administrator, to request Form 5173.

2. *Estate Attorney's Role*: An estate attorney can assist in obtaining Form 5173 by preparing the necessary documentation and representing the estate.

 Can Indian-Based Estate Lawyers Obtain Form 5173?

1. *Possible but Challenging*: While it's possible for Indian-based estate lawyers to assist in obtaining Form 5173, there may be logistical challenges and potential delays.

 2. *US-Based Representation*: Engaging a US-based estate attorney or tax professional may be more practical, as they would be familiar with US tax laws and procedures.

Recommendations: 1. *Consult a US-Based Estate Attorney*: Consider hiring a US-based estate attorney or tax professional to assist with obtaining Form 5173 and navigating US tax compliance.

2. *Coordinate with Indian-Based Lawyers*: Your Indian-based lawyers can coordinate with the US-based estate attorney to ensure a smooth process.

3. *Verify Requirements*: Confirm the specific requirements for obtaining Form 5173 with the fund management company and the IRS. By following these recommendations, you can ensure that the necessary documentation is obtained, and the process is completed efficiently.


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