Oregon Statutes - Chapter 118 - Inheritance Tax

• 118.005   Definitions for ORS 118.005 to 118.840.
  As used in ORS 118.005 to 118.840, unless the context requires otherwise: (1) “Beneficiary” means the recipient of a beneficial interest in property or the...
• 118.007   Connection to federal law; meaning of terms.
  Any term used in ORS 118.005 to 118.840 has the same meaning as when used in a comparable context in the laws of the federal...
• 118.009   Legislative findings.
  The Legislative Assembly finds that significant recent changes have been made in federal estate tax laws. The Legislative Assembly further finds that an unintended consequence...
• 118.010   Imposition and amount of tax in general; out-of-state property; nonresident decedents; rules.
  (1) A tax is imposed upon a transfer of property and any interest therein, within the jurisdiction of the state, whether belonging to the inhabitants...
• 118.013   Taxable estate adjustment for Oregon special marital property; rules.
  (1) For purposes of computing the tax imposed under ORS 118.010, the taxable estate to be used for computing the maximum amount of the state...
• 118.016   Oregon special marital property election; rules; form.
  (1) The executor of an estate containing property that the executor seeks to qualify as Oregon special marital property under ORS 118.013 shall make an...
• 118.019   Gross estate of surviving spouse; Oregon special marital property adjustment.
  For purposes of computing the tax imposed under ORS 118.010, the gross estate of a decedent who was a surviving spouse with respect to property...
• 118.020   [Amended by 1961 c.455 §1; 1963 c.135 §1; 1971 c.652 §1; 1973 c.793 §1; 1977 c.666 §3; 1987 c.293 §67; repealed by 1997 c.99 §24]
• 118.025   [1987 c.646 §12; 1989 c.625 §80; repealed by 1997 c.99 §24]
• 118.030   [Repealed by 1997 c.99 §24]
• 118.035   [1973 c.759 §2; 1975 c.685 §4; 1977 c.666 §4; 1989 c.224 §8; repealed by 1997 c.99 §24]
• 118.037   [1975 c.685 §2; repealed by 1977 c.666 §36]
• 118.040   [Amended by 1959 c.418 §2; 1977 c.666 §5; repealed by 1997 c.99 §24]
• 118.050   [Amended by 1955 c.727 §2; 1963 c.392 §1; 1967 c.485 §1; 1975 c.687 §1; 1977 c.666 §6; repealed by 1997 c.99 §24]
• 118.060   [Repealed by 1997 c.99 §24]
• 118.070   [Amended by 1955 c.727 §3; 1959 c.418 §3; 1961 c.455 §2; 1963 c.283 §1; 1965 c.470 §2; 1969 c.493 §74; 1973 c.132 §1; 1973 c.299 §1; 1973 c.703 §1; 1975 c.762 §2; 1977 c.666 §7; 1983 c.632 §1; repealed by 1997 c.99 §24]
• 118.075   [1963 c.435 §6; 1969 c.493 §75; repealed by 1977 c.666 §36]
• 118.080   [Amended by 1959 c.418 §4; 1961 c.455 §3; 1973 c.703 §2; 1975 c.762 §3; 1977 c.666 §8; repealed by 1997 c.99 §24]
• 118.085   [1971 c.593 §2; repealed by 1997 c.99 §24]
• 118.090   [Amended by 1963 c.68 §1; 1977 c.666 §16; repealed by 1997 c.99 §24]
• 118.095   [1969 c.112 §1; repealed by 1977 c.666 §36]
• 118.100   Time for paying tax; refunds; effects of change in federal estate tax return or special valuation disqualification.
  (1) The tax provided for in ORS 118.010 shall be paid to the Department of Revenue on the date the federal estate tax is payable....
• 118.110   [Amended by 1953 c.704 §1; 1961 c.455 §4; 1973 c.268 §1; 1975 c.685 §5; 1977 c.666 §10; 1979 c.582 §2; repealed by 1997 c.99 §24]
• 118.120   Qualified family-owned business interests; additional tax.
  (1) In the case of an estate that contains a qualified family-owned business interest, an additional tax shall be imposed under ORS 118.005 to 118.840...
• 118.140   Exclusion of value of natural resource or commercial fishing property from gross estate; rules.
  (1) As used in this section, “natural resource property” means real property, as defined in ORS 307.010, lawfully qualified, at the decedent’s death, for designation...
• 118.150   [Formerly 118.640; 1971 c.652 §2; 1973 c.498 §1; 1975 c.762 §4; 1977 c.666 §11; 1985 c.761 §1; repealed by 1997 c.99 §24]
• 118.155   [1973 c.503 §13; 1975 c.762 §5; 1977 c.666 §11a; 1979 c.553 §12; 1981 c.804 §70; 1991 c.459 §341; repealed by 1997 c.99 §24]
• 118.160   When tax return is required; lists of property transfers and other data.
  (1) Except as provided in subsection (2) of this section: (a) An inheritance tax return is not required with respect to the estates of decedents...
• 118.170   [1969 c.591 §221; 1971 c.567 §6; repealed by 1977 c.870 §16 (118.171 enacted in lieu of 118.170)]
• 118.171   Application of ORS chapter 305.
  The provisions of ORS chapter 305 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refund, conferences and...
• 118.180   [Formerly 118.700; 1971 c.567 §7; 1973 c.100 §1; 1975 c.762 §6; repealed by 1977 c.870 §16 (118.171 enacted in lieu of 118.180)]
• 118.190   [1973 c.100 §2; repealed by 1977 c.870 §59]
• 118.210   Liability for tax.
  All heirs, legatees, devisees, administrators, executors and trustees, and any grantee or donee under a conveyance or gift made during the grantor’s or donor’s life...
• 118.220   When tax accrues and is payable.
  All taxes imposed by ORS 118.005 to 118.840 take effect at and accrue upon the death of the decedent, and are due and payable on...
• 118.225   Extension of time for payment.
  (1) Upon application of the executor and the securing of all taxes that are payable by bond, deposit or other good collateral acceptable to the...
• 118.230   Lien of tax; liability for payment; assessment and collection of taxes.
  (1) Every tax imposed by ORS 118.005 to 118.840 is a lien upon the property embraced in any inheritance, devise, bequest, legacy or gift until...
• 118.240   Delivery of property prior to collection of tax by personal representative or trustee prohibited.
  Any personal representative or trustee having in charge, or in trust, any property for distribution, embraced in or belonging to any inheritance, devise, bequest, legacy...
• 118.250   To whom tax payable; issuing receipts.
  (1) The taxes imposed by ORS 118.005 to 118.840 are payable to the Department of Revenue. (2) The department shall give the personal representative, trustee...
• 118.260   Penalties for delinquency; failure to file and fraud; interest; deposit where tax not determined.
  (1) If no return has been filed as required by this chapter, there shall be added to the amount of tax required to be shown...
• 118.270   Property from which tax is collectible.
  Except as to real property located outside of the state passing in fee from the decedent owner, the tax imposed under ORS 118.010 shall be...
• 118.280   Power to sell for payment of tax; tax lien transferred to proceeds when property of estate sold or mortgaged.
  (1) Every executor, administrator or trustee has power to sell as much of the property embraced in any inheritance, devise, bequest or legacy, as will...
• 118.290   Duty of recipient when legacy payable out of property; legacy for limited period.
  (1) If any bequest or legacy is charged upon or payable out of any property, the heir or devisee shall deduct such tax therefrom and...
• 118.300   Deferred payment election; bond or letter of credit.
  Any person or corporation beneficially interested in any property chargeable with a tax under this chapter and personal representatives and trustees, may elect, on or...
• 118.310   Transfer of stock or obligations by foreign representative or trustee; payment of tax prior to transfer.
  If a foreign executor, administrator or trustee assigns or transfers any stock or obligations in this state standing in the name of the decedent, or...
• 118.320   [Amended by 1969 c.178 §1; 1973 c.254 §4; 1975 c.762 §11; 1985 c.85 §6; repealed by 1987 c.646 §9]
• 118.330   [Amended by 1969 c.178 §2; repealed by 1975 c.762 §19]
• 118.340   [Amended by 1973 c.254 §5; repealed by 1975 c.762 §19]
• 118.350   Compromise and compounding tax; approval by court; proceedings in case of actions or suits involving title to real property.
  (1) Whenever an estate, devise, legacy or beneficial interest therein, charged or sought to be charged with the inheritance tax is of such nature or...
• 118.360   [Amended by 1959 c.273 §2; repealed by 1977 c.870 §16 (118.171 enacted in lieu of 188.360)]
• 118.370   [Amended by 1955 c.727 §5; 1959 c.273 §3; 1971 c.567 §9; repealed by 1985 c.85 §13]
• 118.380   [Amended by 1959 c.273 §4; 1967 c.162 §1; repealed by 1971 c.652 §4]
• 118.390   [Amended by 1971 c.296 §1; 1971 c.621 §24; repealed by 1973 c.254 §6]
• 118.410   Jurisdiction of tax cases.
  The Oregon Tax Court has sole jurisdiction to hear and determine all questions arising under the provisions of ORS 118.005 to 118.840, and to any...
• 118.420   [Amended by 1963 c.68 §2; 1967 c.132 §1; repealed by 1969 c.591 §305]
• 118.440   [Amended by 1961 c.455 §6; 1973 c.338 §1; 1979 c.516 §1; repealed by 1985 c.565 §10c]
• 118.450   [1967 c.161 §1; 1973 c.254 §7; 1975 c.593 §3; repealed by 1997 c.99 §24]
• 118.460   [Amended by 1975 c.762 §12; repealed by 1979 c.516 §6]
• 118.470   Representative or trustee to furnish additional reports on demand.
  Personal representatives or trustees of the estates subject to inheritance tax shall when requested by the Department of Revenue furnish certified copies of reports, and...
• 118.480   [Repealed by 1975 c.762 §19]
• 118.490   [Repealed by 1981 c.705 §8]
• 118.500   [Repealed by 1969 c.591 §305]
• 118.510   Disposition of revenues.
  The net revenue from the taxes imposed by ORS 118.005 to 118.840 (including temporary payments under ORS 118.260 and fees, taxes, interest and penalties), after...
• 118.520   [Repealed by 1959 c.273 §8]
• 118.525   Disclosure of return information.
  (1) It shall be unlawful for the Department of Revenue or any of its officers or employees to divulge or make known in any manner...
• 118.535   Appraisal by department; costs.
  (1) If the Department of Revenue determines that the executor has not made an appraisal that is needed in order to comply with the provisions...
• 118.610   [Amended by 1967 c.131 §1; repealed by 1969 c.591 §305]
• 118.620   [Repealed by 1969 c.591 §305]
• 118.630   [Amended by 1963 c.68 §3; repealed by 1969 c.591 §305]
• 118.640   [Amended by 1961 c.455 §7; 1969 c.591 §218; renumbered 118.150]
• 118.650   [Amended by 1959 c.273 §5; 1963 c.68 §4; 1967 c.133 §1; repealed by 1969 c.591 §305]
• 118.660   [Amended by 1955 c.727 §7; 1963 c.68 §5; 1969 c.111 §1; 1969 c.591 §219; renumbered 118.160]
• 118.670   [Repealed by 1969 c.591 §305]
• 118.680   [Amended by 1963 c.68 §6; repealed by 1969 c.591 §305]
• 118.690   [Repealed by 1969 c.591 §305]
• 118.700   [Amended by 1963 c.68 §7; 1969 c.198 §58; 1969 c.591 §222; renumbered 118.180]
• 118.810   Application, construction and definition.
  (1) The provisions of ORS 118.810 to 118.840 apply to the estate of any nonresident decedent if the laws of the state of domicile of...
• 118.820   Duty to file proof of death taxes due domiciliary state of nonresident decedent.
  At any time before the expiration of 18 months after the qualification in any probate court of this state of any executor of the will...
• 118.830   Form and requisites of proof; petition for accounting by tax officials of domiciliary state.
  The proof required by ORS 118.820 may be in the form of a certificate issued by the official or body charged with the administration of...
• 118.840   Final accounting or discharge of executor or administrator.
  Unless the provisions of either ORS 118.820 or 118.830 have been complied with, no such executor or administrator shall be entitled to a final accounting...
• 118.855   Definitions for ORS 118.855 to 118.880.
  For the purposes of ORS 118.855 to 118.880: (1) “Board” means board of arbitration. (2) “Death tax” means any tax levied by a state on...
• 118.860   Election to invoke provisions of ORS 118.855 to 118.880 where dispute exists as to domicile of decedent for purpose of death taxes.
  When the taxing official of this state and the taxing official of one or more other states each claims that the state of the official...
• 118.865   Settlement agreement fixing amount of taxes due each state involved in dispute.
  (1) In any case in which an election is made and not rejected, as provided in ORS 118.860, the Department of Revenue may enter into...
• 118.870   Arbitration procedure.
  When it appears by the written admission of the executor and the tax official of each state involved in the dispute that an agreement contemplated...
• 118.875   Limit on amount of interest and penalties.
  When the board of arbitration determines that a decedent died domiciled in this state, the total amount of interest and penalties for nonpayment of the...
• 118.880   Reciprocal statutes required in other states; resolving conflicts between statutes.
  (1) ORS 118.855 to 118.880 shall be applicable only to cases in which each of the states involved in the dispute has in effect therein...
• 118.990   Penalties.
  (1) Failure, neglect or refusal by any person in possession or control of any record, file or paper containing information relating to the estate of...

Last modified: August 7, 2008