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The estate tax is governed by
Chapter 5731 of the Ohio Revised Code and is reported and calculated
on the Ohio Estate Tax return (E.T. Form 2). January 1, 2001
statutory changes became effective that change the filing
requirements for Ohio estate tax returns. For dates of death on or after
January 1, 2001, an estate with gross assets valued at $200,000 or
less is not required to file an Ohio estate tax return. This
amount increases to $338,333 effective January 1, 2002. An
Estate Tax return is required to be filed within nine months of a
person's date of death for dates of death prior to January 1,
2001. For dates of death on or after January 1, 2001 an
automatic extension is granted, if requested in writing on ET Form
24, prior to the expiration of the fifteen month period. This
extension does not effect the requirement that estate taxes are due
nine months from the date of death. Any payments made after
nine months from the date of death will still be charged
statutory interest.
The
estate tax return is filed with the Probate Court. The tax due
is based on the net value of the decendents estate. This net
value is based on the gross value minus the debts and funeral
expense of the estate. The gross value is made up of all
assets, such as real estate, bank accounts, stock bonds, and
such. The debts and administrative expenses are made up of
funeral costs, attorney and executor fees, outstanding bills in the
name of the decendent, and such. Ohio allows an unlimited
marital deduction that allows property to pass from one spouse to
another without taxation. Ohio also allows credit on the taxes
due. Taxes are paid at the Auditor's office. It is
strongly recommended that an attorney be retained to prepare estate
tax returns.
January
1, 2001 statutory changes became effective that also affect the
distribution of estate tax revenue to subdivisions for Ohio estate
tax returns. The distribution of estate revenues to
subdivisions, for dates of death on or after January 1, 2000, will
increase from 64% to 70% while the states share will decrease from
36% to 30%. For dates of death on
or after January 1, 2002, eighty (80) percent of the tax is
distributed to the municipal corporation, village or township in
which the tax orginates and twenty (20) percent to the State of
Ohio.
Safe
Deposit Box inventory and tax release changes
In
addition to these statutory changes the Tax Commissioner has
initiated two major administrative changes affecting estate tax
procedures administered by the County. As of January 1, 2001
the County Auditor will no longer be required to inventory safe
deposit boxes. The only exception will be when the Probate
Court gives this office specific instructions to perform an
inventory. Additionally, Applications for Consent to Transfer
Property of a Resident of Non-Resident Decendent (tax releases) are
not required for accounts valued at $25,000 or less per account
regardless of the death date. Releases for accounts over
$25,000 serve two purposes. First, it notifies the Ohio
Department Taxation that an estate tax return may be necessary, and
secondly it allows the state representative or family member to
have access to money for administrative purposes.
Complete information on these changes can
be obtained from the Estate Tax Division of the Ohio Department of
Taxation. Their toll free number is 1-800-977-7711. You
may download forms directly related to Estate Taxes from the State
of Ohio's Tax forms link by
clicking here.
You may also contact the Auditor's office for information.
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