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Sub. H. B. No. 3 As Reported by the House Ways and Means CommitteeAs Reported by the House Ways and Means Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Grossman, Hottinger
Cosponsors:
Representatives Adams, J., Martin, McClain, Boose, Huffman, Maag, Brenner, Thompson, Hayes, Okey, Slaby, Newbold, Ruhl, Hite, Sears, Derickson, Dovilla, Gonzales, Blair, Kozlowski, Uecker, Henne, Stautberg, Combs, Roegner, Peterson, Amstutz
A BILL
To amend sections 5731.02, 5731.19, and 5731.21 of
the Revised Code to repeal the estate tax for the
estates of individuals dying on or after January
1, 2013.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5731.02, 5731.19, and 5731.21 of the
Revised Code be amended to read as follows:
Sec. 5731.02. (A) A tax is hereby levied on the transfer of
the taxable estate, determined as provided in section 5731.14 of
the Revised Code, of every person dying on or after July 1, 1968,
and before January 1, 2013, who at the time of death was a
resident of this state, as follows:
If the taxable estate is: |
The tax shall be: |
Not over $40,000 |
2% of the taxable estate |
Over $40,000 but not over $100,000 |
$800 plus 3% of the excess over $40,000 |
Over $100,000 but not over $200,000 |
$2,600 plus 4% of the excess over $100,000 |
Over $200,000 but not over $300,000 |
$6,600 plus 5% of the excess over $200,000 |
Over $300,000 but not over $500,000 |
$11,600 plus 6% of the excess over $300,000 |
Over $500,000 |
$23,600 plus 7% of the excess over $500,000. |
(B) A credit shall be allowed against the tax imposed by
division (A) of this section equal to the lesser of five hundred
dollars or the amount of the tax for persons dying on or after
July 1, 1968, but before January 1, 2001; the lesser of six
thousand six hundred dollars or the amount of the tax for persons
dying on or after January 1, 2001, but before January 1, 2002; or
the lesser of thirteen thousand nine hundred dollars or the amount
of the tax for persons dying on or after January 1, 2002.
Sec. 5731.19. (A) A tax is hereby levied upon the transfer
of so much of the taxable estate of every person dying on or after
July 1, 1968, and before January 1, 2013, who, at the time of his
death, was not a resident of this state, as consists of real
property situated in this state, tangible personal property having
an actual situs in this state, and intangible personal property
employed in carrying on a business within this state unless
exempted from tax under the provisions of section 5731.34 of the
Revised Code.
(B) The amount of the tax on such real and tangible personal
property shall be determined as follows:
(1) Determine the amount of tax which would be payable under
Chapter 5731. of the Revised Code if the decedent had died a
resident of this state with all his the decedent's property
situated or located within this state;
(2) Multiply the tax so determined by a fraction, the
denominator of which shall be the value of the gross estate
wherever situated and the numerator of which shall be the said
gross estate value of the real property situated and the tangible
personal property having an actual situs in this state and
intangible personal property employed in carrying on a business
within this state and not exempted from tax under section 5731.34
of the Revised Code. The product shall be the amount of tax
payable to this state.
(C) In addition to the tax levied by division (A) of this
section, an additional tax is hereby levied on such real and
tangible personal property determined as follows:
(1) Determine the amount of tax which would be payable under
division (A) of section 5731.18 of the Revised Code, if the
decedent had died a resident of this state with all his the
decedent's property situated or located within this state;
(2) Multiply the tax so determined by a fraction, the
denominator of which shall be the value of the gross estate
wherever situated and the numerator of which shall be the said
gross estate value of the real property situated and the tangible
property having an actual situs in this state and intangible
personal property employed in carrying on a business within this
state and not exempted from tax under section 5731.34 of the
Revised Code. The product so derived shall be credited with the
amount of the tax determined under division (B) of this section.
Sec. 5731.21. (A)(1)(a) Except as provided under division
(A)(3) of this section, the executor or administrator, or, if no
executor or administrator has been appointed, another person in
possession of property the transfer of which is subject to estate
taxes under section 5731.02 or division (A) of section 5731.19 of
the Revised Code, shall file an estate tax return, within nine
months of the date of the decedent's death, in the form prescribed
by the tax commissioner, in duplicate, with the probate court of
the county. The return shall include all property the transfer of
which is subject to estate taxes, whether that property is
transferred under the last will and testament of the decedent or
otherwise. The time for filing the return may be extended by the
tax commissioner.
(b) The estate tax return described in division (A)(1)(a) of
this section shall be accompanied by a certificate, in the form
prescribed by the tax commissioner, that is signed by the
executor, administrator, or other person required to file the
return, and that states all of the following:
(i) The fact that the return was filed;
(ii) The date of the filing of the return;
(iii) The fact that the estate taxes under section 5731.02 or
division (A) of section 5731.19 of the Revised Code, that are
shown to be due in the return, have been paid in full;
(iv) If applicable, the fact that real property listed in the
inventory for the decedent's estate is included in the return;
(v) If applicable, the fact that real property not listed in
the inventory for the decedent's estate, including, but not
limited to, survivorship tenancy property as described in section
5302.17 of the Revised Code or transfer on death property as
described in sections 5302.22 and 5302.23 of the Revised Code,
also is included in the return. In this regard, the certificate
additionally shall describe that real property by the same
description used in the return.
(2) The probate court shall forward one copy of the estate
tax return described in division (A)(1)(a) of this section to the
tax commissioner.
(3) A person shall not be required to file a return under
division (A) of this section if the decedent was a resident of
this state and the value of the decedent's gross estate is
twenty-five thousand dollars or less in the case of a decedent
dying on or after July 1, 1968, but before January 1, 2001; two
hundred thousand dollars or less in the case of a decedent dying
on or after January 1, 2001, but before January 1, 2002; or three
hundred thirty-eight thousand three hundred thirty-three dollars
or less in the case of a decedent dying on or after January 1,
2002. No return shall be filed for estates of decedents dying on
or after January 1, 2013.
(4)(a) Upon receipt of the estate tax return described in
division (A)(1)(a) of this section and the accompanying
certificate described in division (A)(1)(b) of this section, the
probate court promptly shall give notice of the return, by a form
prescribed by the tax commissioner, to the county auditor. The
auditor then shall make a charge based upon the notice and shall
certify a duplicate of the charge to the county treasurer. The
treasurer then shall collect, subject to division (A) of section
5731.25 of the Revised Code or any other statute extending the
time for payment of an estate tax, the tax so charged.
(b) Upon receipt of the return and the accompanying
certificate, the probate court also shall forward the certificate
to the auditor. When satisfied that the estate taxes under section
5731.02 or division (A) of section 5731.19 of the Revised Code,
that are shown to be due in the return, have been paid in full,
the auditor shall stamp the certificate so forwarded to verify
that payment. The auditor then shall return the stamped
certificate to the probate court.
(5)(a) The certificate described in division (A)(1)(b) of
this section is a public record subject to inspection and copying
in accordance with section 149.43 of the Revised Code. It shall be
kept in the records of the probate court pertaining to the
decedent's estate and is not subject to the confidentiality
provisions of section 5731.90 of the Revised Code.
(b) All persons are entitled to rely on the statements
contained in a certificate as described in division (A)(1)(b) of
this section if it has been filed in accordance with that
division, forwarded to a county auditor and stamped in accordance
with division (A)(4) of this section, and placed in the records of
the probate court pertaining to the decedent's estate in
accordance with division (A)(5)(a) of this section. The real
property referred to in the certificate shall be free of, and may
be regarded by all persons as being free of, any lien for estate
taxes under section 5731.02 and division (A) of section 5731.19 of
the Revised Code.
(B) An estate tax return filed under this section, in the
form prescribed by the tax commissioner, and showing that no
estate tax is due shall result in a determination that no estate
tax is due, if the tax commissioner within three months after the
receipt of the return by the department of taxation, fails to file
exceptions to the return in the probate court of the county in
which the return was filed. A copy of exceptions to a return of
that nature, when the tax commissioner files them within that
period, shall be sent by ordinary mail to the person who filed the
return. The tax commissioner is not bound under this division by a
determination that no estate tax is due, with respect to property
not disclosed in the return.
(C) If the executor, administrator, or other person required
to file an estate tax return fails to file it within nine months
of the date of the decedent's death, the tax commissioner may
determine the estate tax in that estate and issue a certificate of
determination in the same manner as is provided in division (B) of
section 5731.27 of the Revised Code. A certificate of
determination of that nature has the same force and effect as
though a return had been filed and a certificate of determination
issued with respect to the return.
Section 2. That existing sections 5731.02, 5731.19, and
5731.21 of the Revised Code are hereby repealed.
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