Direction in will that all estate, inheritance, and other death taxes be paid “out of and charged against my estate” overcame statutory direction that inheritance tax be paid from shares of estate subject to tax, and not from charitable shares. … Continue reading
Tag Archives: Inheritance Tax
Individual retirement account of decedent over the age of 59-1/2 held to be taxable because the applicable of the federal estate tax unified credit, which excluded estate of $5,250,000 from federal estate tax, did not make account “exempt from Federal … Continue reading
According to a recent notice from the Governor’s office (“Regulatory Agenda,” 45 Pa.B. 4063 (7/25/2015)), the Department of Revenue will be promulgating an amendment to remove 61 Pa.Code § 93.101, on the deductibility of medical expenses covered by insurance, because the … Continue reading
Not sure why this was necessary, but the Pa. Department of Revenue has issued a bulletin confirming that same-sex marriages will be recognized for inheritance tax and realty transfer tax purposes following the decision in Whitewood v. Wolf, 992 F. … Continue reading
The Pennsylvania Department of Revenue has announced the release of new inheritance tax forms designed to “enhance processing efficiency.” Tax Update, No. 177 (Dec. 2014/Jan. 2015). According to the Department: The newly designed form has revised Ovals 4 through 11 … Continue reading
Direction in will that all estate, inheritance, and other death taxes be paid “out of and charged against my estate” was insufficient to overcome statutory direction that inheritance tax be paid from shares of estate subject to tax, so objection … Continue reading
HTML Version Copyright 1995- Daniel B. Evans. All rights reserved. (Current through June 2024) When preparing and filing a Pennsylvania realty transfer tax affidavit, it is necessary to report both the assessed value of the property and the “common level ratio factor,” … Continue reading
The failure of the Department of Revenue to appear at the hearing of an inheritance tax appeal in the Orphans’ Court or otherwise participate in the decision of that court operated as a waiver of all issues before that court … Continue reading
Inheritance tax on non-estate assets should not have been paid from the estate when the decedent died intestate. The inheritance tax on non-estate assets should be calculated without regard to deductions unless it can be shown that the transferees of … Continue reading
Generally speaking, the Pennsylvania inheritance tax is applied to the pre-tax estate and not the estate after payment of the tax, and the pre-residuary gifts is paid from the residue. The Commonwealth Court has held that, when the residue is depleted by the tax on pre-residuary gifts, the tax rate to apply to the residue is the same rate that applies to the pre-residuary gifts, and the same rationale could apply to estate in which the residue is not depleted by the tax.
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