Reg. § 20.6324B-1 Special lien for additional estate tax attributable to farm, etc., valuation.
(a) General rule In the case of an estate of a decedent dying after December 31, 1976, which includes any interest in qualified real property, if the executor elects to value part or all of such property pursuant to section , a lien arises in favor of the United States on the property to which the election applies. The lien is in the amount equal to the adjusted tax difference attributable to such interest (as defined by section ). The term “qualified real property” means qualified real property as defined in section , qualified replacement property within the meaning of section , and qualified exchange property within the meaning of section . The rules set forth in the regulations under section shall apply in determining whether this section is applicable to otherwise qualified real property held by a partnership, corporation or trust.
(b) Period of lien The lien shall arise at the time the executor files an election under section . It shall remain in effect until one of the following occurs:
(1) The liability for the additional estate tax under section with respect to such interest has been satisfied; or
(2) Such liability has become unenforceable by reason of lapse of time; or
(3) The district director is satisfied that no further liability for additional estate tax with respect to such interest may arise under section , i.e., the required time period has elapsed since the decedent's death without the occurrence of an event described in section , or the qualified heir (as defined in section ) had died.
For procedures regarding the release or subordination of liens or discharge of property from liens, see (Regulations on Procedure and Administration).
(c) Substitution of security for lien The district director may, upon written application of the qualified heir (as defined in section (1)) acquiring any interest in qualified real property to which a lien imposed by section attaches, issue a certificate of discharge of any or all property subject to such lien, after receiving a bond or other security in an amount or value determined by the district director as sufficient security for the maximum potential liability for additional estate tax with respect to such interest. Any bond shall be in the form and with the security prescribed in .
(d) Special rules The rules set forth in section (1), (3), and (4), and the regulations thereunder, shall apply with respect to a lien imposed by section as if it were a lien imposed by section .
[T.D. 7847, 47 FR 50856, Nov. 10, 1982]