ORS 118.290
Duty of recipient when legacy payable out of property

legacy for limited period

Text
Annotations

(1)

If any bequest or legacy is charged upon or payable out of any property, the heir or devisee shall deduct from the property the tax imposed by ORS 118.005 (Definitions for ORS 118.005 to 118.540) to 118.540 (Department agreements with taxing officials of other states) and pay the tax to the administrator, executor or trustee, and the tax shall remain a lien or charge on the property until paid. The payment thereof shall be enforced by the executor, administrator or trustee in the same manner that payment of the bequest or legacy is enforced, or by the Department of Revenue in the same manner as income taxes are collected under ORS chapter 314.

(2)

If any bequest or legacy is given in money for a limited period, the administrator, executor or trustee shall retain the tax upon the whole amount. If any bequest or legacy is not given in money, the administrator, executor or trustee shall make application to the court having jurisdiction of an accounting by the administrator, executor or trustee to make an apportionment, if the case requires, of the sum to be paid by such legatee or beneficiary, and for such further order relative thereto as the case may require. [Amended by 1961 c.455 §5; 1985 c.85 §5; 2009 c.33 §2]

Source: Section 118.290 — Duty of recipient when legacy payable out of property; legacy for limited period, https://www.oregonlegislature.gov/bills_laws/ors/ors118.html.

118.005
Definitions for ORS 118.005 to 118.540 118.007
Connection to federal law 118.010
Imposition and amount of tax in general 118.013
Taxable estate adjustment for Oregon special marital property 118.016
Oregon special marital property election 118.100
Time for filing return and paying tax 118.120
Qualified family-owned business interests 118.140
Credit based upon value of natural resource property 118.160
When tax return is required 118.165
Notice of deficiency 118.171
Application of ORS chapter 305 118.210
Liability for tax 118.225
Extension of time for payment 118.227
Time period for refund 118.230
Lien of tax 118.250
To whom tax payable 118.260
Penalties for delinquency, failure to file and fraud 118.265
Application for determination of tax due 118.270
Property from which tax is collectible 118.280
Power to sell for payment of tax 118.290
Duty of recipient when legacy payable out of property 118.300
Deferred payment election 118.310
Transfer of stock or obligations by foreign representative or trustee 118.350
Compromise and compounding tax 118.410
Jurisdiction of tax cases 118.510
Disposition of revenues 118.525
Disclosure of return information 118.535
Appraisal by department 118.540
Department agreements with taxing officials of other states 118.990
Penalties

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Current through early 2024

§ 118.290’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_118.290

Original Source: Section 118.290 — Duty of recipient when legacy payable out of property; legacy for limited period, https://www.oregonlegislature.gov/bills_laws/ors/ors118.html (last accessed Aug. 25, 2023).