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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TAXATION AND REVENUE
Chapter : Chapter 145 Estate Tax (Formerly Inheritance Tax)
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Sections 145.011 to 145.995 shall become effective January 1,
1981, but it shall apply only with respect to decedents dying on or after
January 1, 1981. The repeal of the provisions of chapter 145 shall become
effective January 1, 1981, but it shall not affect any decedents dying
before January 1, 1981, in any respect, including, but not limited to,
the determination of tax, interest, penalties, procedures, and periods of
limitations. (L. 1980 S.B. 539 § 2)
A tax is imposed on the transfer of every decedent's estate
which consists in whole or in part of property having a tax situs within
the state of Missouri. The Missouri estate tax shall be the maximum
credit for state death taxes allowed by Internal Revenue Code Section
2011 but not less than the maximum credit for state death taxes allowable
to the estate of a decedent against the federal estate tax by Section
2011 or any other provision of the laws of the United States. (L. 1980
S.B. 539)
Effective 1-1-81
If the decedent's estate contains property having a tax situs
not within the state of Missouri, then the tax determined by section
145.011 shall be reduced to an amount determined by multiplying the tax
by a fraction whose numerator is the gross estate excluding all property
having a tax situs not within the state of Missouri at the decedent's
death and whose denominator is the gross estate. In determining the
fraction, no deductions shall be considered and the gross estate shall
not be reduced by a mortgage or other indebtedness for which the
decedent's estate is not liable. (L. 1980 S.B. 539)
Effective 1-1-81
The liability imposed by sections 145.011 to 145.995 shall be
paid by the executor. (L. 1980 S.B. 539)
Effective 1-1-81
Any term used in sections 145.011 to 145.995 shall have the same
meaning as when used in a comparable context in the laws of the United
States, unless a different meaning is clearly required by the provisions
of sections 145.011 to 145.995. Any reference in sections 145.011 to
145.995 to the Internal Revenue Code or other laws of the United States
shall mean the Internal Revenue Code of 1954, and amendments thereto, and
other provisions of the laws of the United States, as they may be or
become effective, at any time or from time to time. (L. 1980 S.B. 539)
Effective 1-1-81
1. "Executor" means the executor or administrator of the
decedent, or, if there is no executor or administrator, then any person
in actual or constructive possession of any property of the decedent.
2. "Nonresident" means an individual who is not a resident.
3. "Resident" means an individual who is domiciled in this state at the
time of death.
4. "State" means any state or territory of the United States and the
District of Columbia. (L. 1980 S.B. 539)
Effective 1-1-81
Property shall have a tax situs within the state of Missouri if:
(1) It is real estate or tangible personal property and has actual situs
within the state of Missouri; or
(2) It is intangible personal property and the decedent was a resident.
(L. 1980 S.B. 539)
Effective 1-1-81
When the director of revenue claims that a decedent was
domiciled in this state at the time of his death and the taxing
authorities of another state or states make a like claim on behalf of
their state or states, the director may make a written agreement of
compromise with the other taxing authorities and the executor that a
certain sum shall be accepted in full satisfaction of any and all death
taxes imposed by this state, including any interest or penalties to the
date of filing the agreement. The agreement shall also fix the amount to
be accepted by the other states in full satisfaction of death taxes. The
executor is hereby authorized to make such agreement. The director shall
assess the agreed tax and the tax shall be deemed conclusively fixed as
therein provided. Unless the tax is paid within ninety days after filing
the agreement, interest shall accrue upon the amount fixed in the
agreement from the time of the decedent's death. (L. 1980 S.B. 539)
Effective 1-1-81
If an executor or other fiduciary receives a discharge pursuant
to Internal Revenue Code Section 2204 (a) or (b) and if the fiduciary
makes written application to the director of revenue for determination of
the amount of the tax and discharge from personal liability, the director
within two months after receiving satisfactory evidence of the Section
2204 discharge, but not after the expiration of the period prescribed for
the assessment of the tax in section 145.711, shall notify the fiduciary
of the amount of the tax. The fiduciary, on payment of the amount of
which he is notified (other than any amount the time payment of which is
extended under section 145.551), and on furnishing any bond which may be
required for any amount for which the time for payment is extended, shall
be discharged from personal liability for any deficiency in tax
thereafter found to be due and shall be entitled to a receipt or writing
showing the discharge. (L. 1980 S.B. 539)
Effective 1-1-81
A tax return with respect to the tax imposed by sections 145.011
to 145.995 shall be made:
(1) With respect to a resident, by every executor who is required to file
a federal estate tax return;
(2) With respect to a nonresident, by every executor who is required to
file a federal estate tax return if that part of the gross estate having
a tax situs within the state of Missouri exceeds ten thousand dollars.
(L. 1980 S.B. 539)
Effective 1-1-81
Returns required by section 145.481 shall be filed within nine
months after the death of the decedent. A person required to make and
file a return under sections 145.011 to 145.995 shall without assessment,
notice, or demand, pay any tax due thereon to the director of revenue on
or before the date fixed for filing such return (determined without
regard to any extension of time for filing the return). The director
shall prescribe the place for filing any return, declaration, statement,
or other document required pursuant to this chapter and for the payment
of any tax. (L. 1980 S.B. 539)
Effective 1-1-81
1. The director of revenue may grant a reasonable extension of
time for payment of tax, or for filing any return, declaration,
statement, or other document required by sections 145.011 to 145.995 on
such terms and conditions as he may require. No extension for filing any
return, declaration, statement or document shall exceed six months.
2. If a taxpayer has been granted an extension of time for filing the
federal estate tax return, the filing of a copy of the extension with the
director of revenue shall automatically extend the due date of the tax
return required by sections 145.011 to 145.995.
3. If a taxpayer has been granted an extension of time for paying any
portion of the federal estate tax, the filing of a copy of the extension
with the director of revenue shall automatically extend the time for the
payment of the tax or a portion of the tax required by sections 145.011
to 145.995 to the applicable limitations specified in Internal Revenue
Code Section 2011(c) or 2015. The portion of the Missouri estate tax
which is subject to deferral or payable in installments shall be
determined by multiplying the total Missouri estate tax payable by a
fraction, the numerator of which is the gross value of those assets of
the decedent's estate having a taxable situs in Missouri which qualify
for deferred or installment payment under Internal Revenue Code Section
6161, 6163, or 6166, and the denominator of which is the gross value of
all assets of the decedent's estate having a taxable situs in Missouri.
For purposes of this section, the value of property shall be that
determined for federal estate tax purposes. Deferred payments and
installment payments with interest shall be paid at the same time and in
the same manner as payments of the federal estate tax are required to be
made under the applicable sections of the Internal Revenue Code.
Acceleration of payments under this section shall occur under the same
circumstances and in the same manner as provided in Internal Revenue Code
Section 6166(g). During such extension, interest shall accrue and become
due annually on the Missouri estate tax at the same rate as provided in
Section 6601 of Title 26, United States Code for the extension of federal
estate taxes during the same period. If more than one rate is applicable
to amounts owed by a taxpayer under the federal estate tax during such
period of extension, the same rates shall apply to the Missouri estate
tax, and in the same proportion in which such rates are applicable to the
amount owed under the federal estate tax attributable to assets having a
taxable situs in Missouri. After the period of extension for the payment
of Missouri estate taxes has expired, interest shall accrue as provided
in section 143.731, RSMo. (L. 1980 S.B. 539, A.L. 1985 H.B. 398, A.L.
1986 S.B. 669, et al., A.L. 1987 H.B. 384 Revision)
Effective 6-15-87
Unless the decedent otherwise directs by will, if any part of
the decedent's gross estate for federal estate tax purposes consists of
property the value of which is includable in the gross estate by reason
of Internal Revenue Code section 2044, the decedent's estate shall be
entitled to recover from the person receiving the property the amount by
which the total Missouri estate tax paid exceeds the total Missouri
estate tax which would have been payable if the value of such property
had not been included in the gross estate. For purposes of this section,
if there is more than one person receiving the property, the right of
recovery shall be against each such person, based on his pro rata share
of the property received. Further, for purposes of this section, interest
and penalties attributable to additional Missouri estate tax on property
described in this section shall be treated as additional Missouri estate
tax which the decedent's estate shall be entitled to recover in
accordance with the provisions of this section. (L. 1986 S.B. 669, et al.)
If the amount of a taxpayer's federal taxable estate, adjusted
taxable gifts, or credit for state death taxes reported on his federal
estate tax return is changed or corrected by the United States Internal
Revenue Service or other competent authority, the taxpayer shall report
the change or correction within ninety days after the final determination
of the change or correction or as otherwise required by the director of
revenue. Each report shall state whether and wherein the determination is
believed to be erroneous. Any taxpayer filing an amended federal estate
tax return shall also file within ninety days thereafter an amended
return under sections 145.011 to 145.995 and shall give such information
as the director of revenue may require. The imposition of an additional
tax by Internal Revenue Code Section 2032A shall constitute a change. The
director of revenue may by regulation prescribe exceptions to the
requirements of this section as he deems appropriate. (L. 1980 S.B. 539)
Effective 1-1-81
1. Except as otherwise provided in this section, a notice of
deficiency shall be mailed to the taxpayer within three years after the
return was filed. No deficiency shall be assessed or collected unless the
notice is mailed within the three-year period or the period otherwise
fixed.
2. If no return is filed or a false and fraudulent return is filed with
intent to evade the tax imposed by sections 145.011 to 145.995, a notice
of deficiency may be mailed to the taxpayer at any time.
3. If a taxpayer fails to comply with the requirements of section 145.601
by not reporting a change or correction or by not filing an amended
return, a notice of deficiency may be mailed to the taxpayer within one
year after the director of revenue shall become aware of the
determination. A notice under this subsection shall be limited to the
effects on the Missouri estate tax of the issues on which the federal
determination is based.
4. If the taxpayer shall, pursuant to section 145.601, report a change or
correction or file an amended return or report a change or correction
which is treated in the same manner as if it were a deficiency for
federal estate tax purposes, the assessment (if not deemed to have been
made upon the filing of the report or amended return) may be made at any
time within one year after the report or amended return was filed. A
notice under this subsection shall be limited in the manner provided in
subsection 3 of this section.
5. Where, before the expiration of the time prescribed in this section
for the assessment of a deficiency, both the director of revenue and the
taxpayer shall have consented in writing to its assessment after such
time, the deficiency may be assessed at any time prior to the expiration
of period agreed upon. The period so agreed may be extended by subsequent
agreement in writing made before the expiration of the period previously
agreed upon.
6. For purposes of this section a return filed before the last day
prescribed by law or by regulation promulgated pursuant to law for the
filing thereof shall be deemed to be filed on such last day. (L. 1980
S.B. 539)
Effective 1-1-81
1. A claim for credit or refund of an overpayment of any tax
imposed by sections 145.011 to 145.995 shall be filed by the taxpayer
within three years from the time the return was filed or two years from
the time the tax was paid, whichever of the periods expires the later; or
if no return was filed by the taxpayer, within two years from the time
the tax was paid. No credit or refund shall be allowed or made after the
expiration of the period of limitation prescribed in this subsection for
the filing of a claim for credit or refund, unless a claim for credit or
refund is filed by the taxpayer within the period.
2. If the claim is filed by the taxpayer during the three-year period
prescribed in subsection 1, the amount of the credit or refund shall not
exceed the portion of the tax paid within the three years immediately
preceding the filing of the claim plus the period of any extension of
time for filing the return. If the claim is not filed within the
three-year period, but is filed within the two-year period, the amount of
the credit or refund shall not exceed the portion of the tax paid during
the two years immediately preceding the filing of the claim. If no claim
is filed, the credit or refund shall not exceed the amount which would be
allowable under either of the preceding sentences, as the case may be, if
a claim was filed on the date the credit or refund is allowed.
3. If pursuant to subsection 5 of section 145.711 an agreement for an
extension of the period for assessment is made within the period
prescribed in subsection 1 of this section for the filing of a claim for
credit or refund, the period for filing a claim for credit or for making
a credit or refund if no claim is filed, shall not expire prior to six
months after the expiration of the period within which an assessment may
be made pursuant to the agreement or any extension. The amount of the
credit or refund shall not exceed the portion of the tax paid after the
execution of the agreement and before the filing of the claim or the
making of the credit or refund, as the case may be, plus the portion of
the tax paid within the period which would be applicable under subsection
1 of this section if a claim had been filed on the date the agreement was
executed.
4. If a taxpayer is required by section 145.601 to report a change or
correction which is treated in the same manner as if it were an
overpayment for federal estate tax purposes, an amended return or a claim
for credit or refund of any resulting overpayment of tax shall be filed
by the taxpayer within one year from the time the notice of such change
or correction or such amended return was required to be filed with the
director of revenue. If the report or amended return required by section
145.601 is not filed within the ninety-day period therein specified,
interest on any resulting refund or credit shall cease to accrue after
the ninetieth day. The amount of such credit or refund shall not exceed
the amount of the reduction in Missouri estate tax attributable to the
effect of the issues on which the federal change or correction or the
items amended on the taxpayer's amended federal estate tax return are
based. (L. 1980 S.B. 539)
Effective 1-1-81
An application for review of the director of revenue's
determination pursuant to sections 145.011 to 145.995 shall be filed by
the executor with the administrative hearing commission under section
621.050, RSMo. (L. 1980 S.B. 539)
Effective 1-1-81
The courts of this state shall recognize and enforce liabilities
for estate and transfer taxes lawfully imposed by any state which extends
a like comity to this state, and the duly authorized officer of any such
state may sue for the collection of such a tax in the courts of this
state. A certificate by the secretary of state of the other state that an
officer suing for the collection of the tax is duly authorized to collect
the tax shall be conclusive proof of such authority. For the purposes of
this section, the word "TAXES" shall include additions to tax, interest,
and penalties, and liabilities for the taxes, additions to tax, interest,
and penalties shall be recognized and enforced by the courts of this
state to the same extent that the laws of the other state permit the
enforcement in its courts of liability for the taxes, additions to a tax,
interest, and penalties due this state under sections 145.011 to 145.995.
(L. 1980 S.B. 539)
Effective 1-1-81
1. The director of revenue shall administer and enforce the tax
imposed by sections 145.011 to 145.995 and he is authorized to make such
rules and regulations and to require such facts and information to be
reported as he may deem necessary to enforce the provisions of sections
145.011 to 145.995.
2. The rules and regulations prescribed by the director of revenue shall
follow as nearly as practicable the rules and regulations of the
Secretary of the Treasury of the United States. This construction of
sections 145.011 to 145.995 will further its purposes to simplify the
preparation of tax returns, aid in its interpretation through use of
federal precedents, and improve its enforcement. (L. 1980 S.B. 539)
Effective 1-1-81
1. The director of revenue may prescribe the form and contents
of any return or other documents, including a copy of part or all of a
federal return, required to be filed under the provisions of sections
145.011 to 145.995.
2. The director of revenue for the purpose of ascertaining the
corrections of any return, or for the purpose of making an estimate of
any person, shall have power to examine or to cause to have examined, by
any agent or representative designated by him for that purpose, any
books, papers, records, or memoranda bearing upon the matters required to
be included in the return, and may require the attendance of the person
rendering the return or any officer or employee of such person, or the
attendance of any other person having knowledge in the premises, and may
take testimony and require proof material for his information, with power
to administer oaths to such person or persons.
3. Reports and returns required to be filed under sections 145.011 to
145.995 shall be preserved for four years and thereafter until the
director of revenue orders them destroyed. (L. 1980 S.B. 539)
Effective 1-1-81
Except as otherwise specifically provided in sections 145.011 to
145.995, procedural matters under the provisions of sections 145.011 to
145.995 shall be determined pursuant to and in the manner prescribed in
the following sections of the revised statutes of Missouri, the state
income tax law, governing similar procedures thereunder: sections
143.561, 143.571, 143.611, 143.621, 143.631, 143.641, 143.651, 143.661,
143.671, 143.681, 143.691, 143.701, 143.721, 143.731, 143.741, 143.751,
143.771, 143.781, 143.791, 143.811, 143.821, 143.831, 143.841, 143.851,
143.861, 143.881, 143.891, 143.901, and 143.986, RSMo. (L. 1980 S.B. 539)
Effective 1-1-81
1. A generation-skipping credit tax is imposed on every
generation-skipping transfer which consists in whole or in part of
property having a tax situs within the state of Missouri. The Missouri
generation-skipping credit tax shall be the maximum credit for state
death taxes allowed by Internal Revenue Code, section 2604.
2. The other sections of sections 145.011 to 145.995 shall be applied by
substituting:
(1) "Missouri generation-skipping credit tax" for "Missouri estate tax";
(2) "Tax imposed by section 145.995" for "tax imposed by section 145.011";
(3) "Property included in the generation-skipping transfer" for "gross
estate";
(4) "Generation-skipping tax credit" for "credit for state death taxes";
and
(5) "Federal generation-skipping tax return" for "federal estate tax
return". (L. 1980 S.B. 539, A.L. 1989 H.B. 35, et al.)
Effective 1-1-90
Other provisions of this chapter to the contrary
notwithstanding, if the federal estate tax imposed pursuant to Section
2011 of the Internal Revenue Code, as amended, is repealed, then no tax
shall be imposed on the transfer of a decedent's estate in Missouri. The
provisions of this section shall become effective on the same date as the
effective date of the repeal of the federal estate tax. (L. 2001 H.B. 241)
*Contingent effective date
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