OAR 150-118-0030
Imposition of Tax

This rule applies to estates of decedents who die before January 1, 2012.A tax equal to the state death tax credit allowable for federal estate tax purposes is imposed. The tax is due in every case even though the credit may not be claimed on the federal estate tax return, Form 706.

(1)

Property within the jurisdiction of the state includes the following:

(a)

Resident Decedent.

(A)

Real property situated in Oregon.

(B)

Tangible personal property situated in Oregon.

(C)

Intangible personal property wheresoever situated.

(b)

Nonresident Decedent.

(A)

Real property situated in Oregon.

(B)

Tangible personal property situated in Oregon.

(C)

Intangible personal property situated in Oregon.

NOTE: See ORS 118.010 (Imposition and amount of tax in general)(4)(b) which provides an exemption as to intangible personal property of nonresident decedents.

(2)

The phrase “within the jurisdiction of the state” connotes extent of power and has a broader meaning than the phrase “within the state” which denotes locality. Property may be within the jurisdiction of the state but not physically situated in the state, for example:

(a)

Stock of an Oregon corporation is within the jurisdiction of this state although the certificate may not be within this state.

(b)

A savings account, checking account, and certificate of deposit in an Oregon bank are within the jurisdiction of this state although the passbook or certificate may not be within this state.

(c)

A promissory note given by a resident of Oregon is within the jurisdiction of this state although the note may not be within this state.

(3)

The term “intangible personal property” includes stocks, bonds, notes, currency, bank deposits, accounts receivable, patents, trademarks, copyrights, royalties, goodwill, partnership interests, life insurance policies, and other choices in action.

(4)

The doctrine of equitable conversion is recognized in the administration of the Oregon inheritance tax law.

[Publications: Publications referenced are available from the agency.]

Source: Rule 150-118-0030 — Imposition of Tax, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-118-0030.

150‑118‑0010
Definitions 150‑118‑0020
Deductions Allowed in Determining Estate Tax or Fiduciary Income Tax 150‑118‑0030
Imposition of Tax 150‑118‑0040
Deductions Allowed on Either the Inheritance Tax Return or the Fiduciary Income Tax Return 150‑118‑0050
Apportionment of Tax 150‑118‑0060
Reciprocal Exemption of Intangible Personal Property of Nonresident Decedent 150‑118‑0070
Separate Oregon Elections 150‑118‑0080
Elections 150‑118‑0090
Due Dates and Extensions of Time to File 150‑118‑0100
Property Values and Appraisals 150‑118‑0110
Estate Tax Credit for Natural Resource Property 150‑118‑0120
Filing Requirements for Estate Tax Returns 150‑118‑0130
Inheritance Tax Return 150‑118‑0140
Procedure for Determination 150‑118‑0150
Extension of Time to Pay Tax 150‑118‑0160
Estate Tax Receipt 150‑118‑0170
Penalties and Interest 150‑118‑0180
Refund of Excess Payment 150‑118‑0190
Application for Determination of Estate Tax and Discharge from Personal Liability 150‑118‑0200
Bond for Deferment of Tax

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 150-118-0030 Imposition of Tax

(1)

(a)

(A)

(B)

(C)

(b)

(A)

(B)

(C)

(2)

(a)

(b)

(c)

(3)

(4)

OAR 150-118-0030
Imposition of Tax