FREQUENTLY ASKED QUESTIONS PENNSYLVANIA INHERITANCE TAX & SAFE DEPOSIT BOXES REV-584 (PO) 10-22 Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will or intestacy. The tax rate varies depending on the relationship of the heir to the decedent. What is the inheritance tax rate in matter of convenience. Further, if the decedent created the joint interest in the property within a year of his Pennsylvania? death, the full value of the property is taxable in the decedent’s estate, less $3,000. The rates for Pennsylvania inheritance tax are as follows: • 0 percent on transfers to a surviving spouse, to a parent from a child aged 21 or younger, and to or for Can funeral expenses and the the use of a child aged 21 or younger from a parent; decedent’s unpaid bills be deducted • 4.5 percent on transfers to direct descendants and from the amount subject to tax? lineal heirs; • 12 percent on transfers to siblings; and Yes, unsatisfied liabilities incurred by the decedent prior • 15 percent on transfers to other heirs, except to death are deductible against the taxable estate. In charitable organizations, exempt institutions and addition to debts incurred by the decedent or the estate, government entities exempt from tax. costs of administration of the estate and funeral and Property owned jointly between husband and wife is burial expenses are deductible, including attorney fees, exempt from inheritance tax. fiduciary fees and the cost of the burial lot, tombstone or grave marker. Who are direct descendants and lineal For the sake of convenience, I put heirs for the purposes of inheritance tax? my mother’s name on my savings account. Recently my mother died, Direct descendants include all natural children of parents and their descendants (whether or not they have been and now I am told I have to pay adopted by others), adopted descendants and their inheritance tax on my own money. Is descendants and step-descendants. this true? Lineal heirs include grandfathers, grandmothers, fathers, mothers and their children. Children include natural Under inheritance tax law, the account was jointly children (whether or not they have been adopted by owned, since you and your mother had equal access to others), adopted children and stepchildren. the account. Therefore, in this case, the survivor is taxed on one-half of the amount in the account. Is there a discount on inheritance tax? What is the family exemption and how Inheritance tax becomes due at death and must be much can be claimed? reported and remitted before nine months pass from the date of death. If payment is made within three months of the date of death, a 5 percent discount of the tax paid The family exemption is awarded to certain individuals or the tax due, whichever is less, applies. so they may retain or claim certain types of a decedent’s property, in accordance with Section 3121 of the Probate, Estates and Fiduciaries Code. For decedents who died What property is subject to after Jan. 29, 1995, the family exemption is $3,500. inheritance tax? All real and tangible personal property of a PA resident Who is entitled to claim the family decedent, including but not limited to cash, oil and exemption? gas rights, automobiles, furniture, antiques and jewelry located in Pennsylvania at the time of the decedent’s death, is taxable. All intangible property of a resident The family exemption may be claimed by the spouse of decedent, including stocks, bonds, bank accounts, loans a decedent who was a resident of Pennsylvania. If there receivable, etc., is also taxable, regardless of where it is is no spouse or if the spouse forfeited their rights, any located at the decedent’s death. child of the decedent who is a member of the decedent’s household may claim the exemption. In the event there In the case of a nonresident decedent, all real and is no spouse or child, the exemption may be claimed by tangible personal property located in Pennsylvania at a parent or parents who are members of the decedent’s the decedent’s death is taxable. Intangible personal household. The family exemption is allowed against property of a nonresident decedent is not taxable. assets passed with or without a will. Jointly-owned property with right of survivorship, except between husband and wife, including but not limited to real estate, securities and bank accounts, is taxable based on the decedent’s interest in the joint property. This interest is calculated by dividing the value of the joint property by the number of joint owners at the time of the decedent’s death. Joint property is taxable even in situations where the decedent’s name was added as a continued on reverse side |
FREQUENTLY ASKED QUESTIONS PENNSYLVANIA INHERITANCE TAX & SAFE DEPOSIT BOXES continued from reverse side What is the active-duty military Do safe deposit boxes have to be member exemption? inventoried after someone dies? Effective for estates of decedents dying on or after Yes. Because safe deposit boxes may contain assets September 6, 2022, personal property that is transferred subject to Pennsylvania inheritance tax, the law requires from the estate of a serving military member who has an inventory prior to the removal of contents of any died as a result of an injury or illness received while on safe deposit box owned by a decedent or owned by a active duty in the armed forces, a reserve component or decedent and anyone other than a spouse. No inventory the National Guard, is exempt from inheritance tax. is required for safe deposit boxes jointly owned by husband and wife, so long as one spouse remains alive. Is an inheritance considered taxable Who may enter a safe deposit box for PA personal income tax purposes? after the death of a decedent? No, inheritances are not taxable for PA personal income tax purposes. However, if you qualify for Tax Forgiveness, Until an inventory of the box can be performed (see you will need to include as income on PA Schedule SP below), no one is allowed to enter a safe deposit box, the value of any inheritance received the prior year. not even a joint owner, except to remove a will and/ or burial instructions, which must be removed in the presence of a bank employee. The bank employee must If an individual dies before he reaches complete PA Form REV-487 (Entry Into A Safe Deposit Box To Remove A Will Or Cemetery Deed) to record the age of 59 1/2, is the decedent’s the entry and mail it to the PA Department of Revenue. IRA or 401K subject to PA inheritance The contents of safe deposit boxes must be inventoried before they can be removed. tax? IRAs typically are not subject to inheritance tax, unless the decedent was considered disabled. For 401Ks, the Who conducts safe deposit box same provision applies unless the owner of a plan could inventories? have accessed the plan during his lifetime, without penalty. For most plans, the right to access without penalty is not realized until retirement age is reached, A representative of the estate must be present at the usually 62 or 65 years of age. inventory. If the decedent and a surviving joint owner owned the box, the surviving owner should be present. Additionally, an attorney representing the estate may Who files the inheritance tax return? be present. Inheritance tax returns must be filed within nine months How do I arrange an inventory of a of a decedent’s death by the person named in the will as personal representative or the individual approved safe deposit box? as administrator by the Register of Wills, in cases where no will exists at death. If no personal representative or administrator is named and property or transfers exist, An estate representative must provide written notice to then the person(s) receiving the property must file and the department at least seven days in advance of a safe pay the tax. deposit box inventory. Complete form REV-1845 (Notice of Intent to Enter Safe Deposit Box) and deliver to the department at the address below by the U.S. Postal Service with return receipt service, and provide a copy Where is the inheritance tax return to of the notice to the financial institution where the box be filed? is located. PA DEPARTMENT OF REVENUE SAFE DEPOSIT BOX UNIT If the decedent was a Pennsylvania resident at death, the PO BOX 280600 inheritance tax return must be filed in duplicate with the HARRISBURG PA 17128-0600 register of wills in the decedent’s county of residence. At the time of entry, the estate representative must If the decedent was not a resident of Pennsylvania but provide a statement to the financial institution verifying had assets located in Pennsylvania, the inheritance tax notice was provided to the department. return must either be filed in duplicate with the register of wills of the county where assets are located, when Within 20 days of entry, the estate representative must letters testamentary or letters of administration are return a completed Safe Deposit Box Inventory form, obtained there, or the return must be filed directly REV-485, to the department’s Safe Deposit Box Unit. with the PA Department of Revenue, when letters testamentary or letters of administration are provided by a jurisdiction outside Pennsylvania. For additional inheritance tax or safe deposit box information, please call 717-787-8327, visit revenue.pa.gov, or write to the following address: PA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO BOX 280601 HARRISBURG PA 17128-0601 |