(A) If the decedent dies on or after July 1, 1993 and is | 11 |
survived by a spouse, a marital deduction which shall be allowed | 12 |
in an amount equal to the value of any interest in property that | 13 |
passes or has passed from the decedent to the surviving spouse, | 14 |
but only to the extent the interest is included in the value of | 15 |
the gross estate. For purposes of the marital deduction, an | 16 |
interest in property shall be considered as passing or as having | 17 |
passed from the decedent to the surviving spouse only if one or | 18 |
more of the following apply: | 19 |
(B)(1) In addition to the marital deduction provided by | 38 |
division (A) of this section, if an election is made in accordance | 39 |
with division (B)(2) of this section and the decedent dies on or | 40 |
after July 1, 1993, a qualified terminable interest property | 41 |
deduction. This deduction shall be allowed in an amount equal to | 42 |
all or any specific portion of qualified terminable interest | 43 |
property treated as separate property, but only to the extent that | 44 |
the property is included in the value of the gross estate. | 45 |
(2) An election to have property treated as qualified | 46 |
terminable interest property for purposes of the deduction | 47 |
provided by division (B)(1) of this section shall be made by the | 48 |
person filing the estate tax return under this chapter, in | 49 |
writing, on or before the date by which the return is required to | 50 |
be filed, determined with regard to any extension of time granted | 51 |
for the filing of the return. The election shall specify whether | 52 |
all or only a specific portion of qualified terminable interest | 53 |
property treated as separate property shall be taken into account | 54 |
in determining the deduction. If an election as provided in this | 55 |
division is made, the election is irrevocable. | 56 |
(C) The pay and allowances determined by the United States to | 74 |
be due to a member of the armed forces for active duty in Vietnam | 75 |
service for the period between the date declared by the United | 76 |
States as the beginning of histhe member's missing in action | 77 |
status to the date of histhe member's death as determined by the | 78 |
United States. As used in this division, "Vietnam service" means | 79 |
military service within the Republic of Vietnam during the period | 80 |
between February 28, 1961, to July 1, 1973, or military service in | 81 |
southeast Asia for which hostile fire pay was awarded pursuant to | 82 |
37 U.S.C. 310, during the period February 28, 1961, to July 1, | 83 |
1973. | 84 |
(a) Subject to a conservation easement granted in perpetuity | 87 |
to the department of natural resources, a park district created | 88 |
under Chapter 1545. of the Revised Code, a township park district | 89 |
created under section 511.18 of the Revised Code, a conservancy | 90 |
district created under Chapter 6101. of the Revised Code, a soil | 91 |
and water conservation district created under Chapter 1515. of the | 92 |
Revised Code, a county, a township, a municipal corporation, the | 93 |
federal government or an agency or instrumentality thereof, or a | 94 |
charitable organization that is authorized to hold conservation | 95 |
easements by division (B) of section 5301.69 of the Revised Code; | 96 |
(b) Subject to an agricultural easement granted in perpetuity | 97 |
to the director of agriculture, a municipal corporation, county, | 98 |
township, soil and water conservation district, the federal | 99 |
government or an agency or instrumentality thereof, or to a | 100 |
charitable organization described in division (B) of section | 101 |
5301.69 of the Revised Code; | 102 |