Enlarge image | Form OR-706-EXT Instructions Application for Extension of Time to File a Return and/or Pay Oregon Estate Transfer Tax Purpose of Form OR-706-EXT If the decedent dies on February 29 in a leap year, the due date of the estate tax return and estate tax payment is Febru- The executor of a decedent’s estate uses Form OR-706-EXT to ary 28 of the following year. If February 28 of the following apply for extensions of time to file Form OR-706 and/or pay year falls on a Saturday, the due date would be the next the estate tax due. Both requests may be made on a single business day, Monday, March 2. form. This form is required for estates of decedents dying Mailing and payment instructions on or after October 1, 2023. Estates of decedents dying before October 1, 2023 are strongly encouraged to use this form in Form only address: lieu of the federal extension Form 4768, but aren’t required to If you’re not including a payment with your application, mail do so. Using Form OR-706-EXT will result in more efficient your application to: processing. Oregon Department of Revenue Form OR-706-EXT applies only to the Oregon Estate Transfer PO Box 14110 Tax Program [Oregon Revised Statutes (ORS) Chapter 118]. Salem OR 97309-0910 It can’t be used for any other tax program. Form and payment address: If you’re including a payment with your application, mail Overview your application and payment, without a payment voucher, to: Oregon Department of Revenue Who may file this application? PO Box 14555 The executor(s) of the decedent’s estate will use Form OR- Salem OR 97309-0940 706-EXT to apply for an extension of time to file Form OR-706 Include on your check: and/or pay estate tax due. • Decedent’s SSN. For purposes of Oregon’s Estate Transfer Tax, the defini- • Decedent’s date of death. tion of “executor” is the executor, administrator, personal • Applicant’s daytime phone. representative (PR), fiduciary, or custodian of property of • Form OR-706. the decedent (ORS 118.005). For probate estates, the personal Payment only address: representative appointed or approved by the court has the duty to file the return and use this form. For non-probate If you’re paying by mail, separate from your application, estates, any person having actual or constructive possession include a Form OR-706-V, Oregon Estate Transfer Tax Payment of the property of the decedent must file the return and use Voucher, and mail to: this form. Oregon Department of Revenue Additionally, an authorized attorney, certified public PO Box 14950 account, or other party holding power of attorney may use Salem OR 97309-0950. this form to apply on behalf of the executor. See Oregon Physical address for private delivery services: Form 150-800-005, Tax Information Authorization and Power of Oregon Department of Revenue Attorney for Representation, for details on which parties are 955 Center Street NE qualified to be a power of attorney for Oregon tax purposes. Salem OR 97301-2555 When to file Your private delivery service will tell you how to get written proof of mailing and delivery dates. Your application for extension is considered timely filed when received by the due date of Form OR-706. For dece- Application checklist dents who die on or after January 1, 2022, the due date for both the filing of the return and payment of tax is 12 months For timely and accurate processing, ensure the following following the date of death and falls on the same corre- items are included with your application: sponding numerical day of the 12th month. When the due • Form OR-706-EXT. date falls on a Saturday, Sunday, or a legal holiday, the due • Written statement supporting your application, if required. date for filing the return is the next business day. For this • Oregon Form 150-800-005, Tax Information Authorization purpose, “legal holiday” means a holiday recognized state- and Power of Attorney for Representation (for applications wide in Oregon or a holiday recognized in the District of made by someone other than the executor). Columbia [Oregon Administrative Rule (OAR) 150-118-0090]. • Payment for expected tax (if applicable). 150-104-002-1 (Rev. 09-14-23) Page 1 of 4 Form OR-706-EXT Instructions |
Enlarge image | Line instructions timely. If a written statement isn’t included, your application will be denied. If granted, the extension is for 6 months after the original due date; it’s not 6 months after the application Part 1. Decedent information is received. Decedent’s identifying information. Enter the decedent’s name, the Social Security number (SSN) assigned to the Additional extension decedent, date of birth, and date of death. If the decedent Executors who are out of the country may qualify for up didn’t have an SSN, the executor should obtain one for the to an additional 6 months to file the return. You must have decedent by filing federal Form SS-5, Application for a Social previously been approved for an automatic 6-month exten- Security Card, with the Social Security Administration. Don’t sion of time to file. The application must include a written use the SSN assigned to the decedent’s spouse. statement explaining why it’s not possible to file the return by the initial extended due date. If a written statement isn’t ORS 305.100 and Section 405, Title 42, of the United States included, your application will be denied. Code, authorizes requests for SSNs. You must provide this information. The SSN will be used to establish the decedent’s Important: If an application for extension has been made and executor’s identities. and it’s later determined that a return isn’t required, provide us with a letter stating this. Send your letter to: Decedent’s domicile. Domicile is the place where the dece- dent had their fixed, permanent, principal home. The dece- Estate Tax Unit, Business Division dent is allowed only one domicile, though they may have Oregon Department of Revenue had multiple residences. PO Box 14110 Salem OR 97309-0910 Part 2. Executor information Executor’s identifying information. If there’s more than one Part 5. Application for extension of time to pay executor, enter the information of the executor we should Estates may apply for an extension of time to pay their estate contact. tax for up to 14 years from the original due date of payment. Applying for an extension of time to pay doesn’t extend the Part 3. Application filer information (if not time you have to file the return. If you also need additional executor) time to file, you must apply for an extension of time to file If an authorized attorney, certified public account, or other as described above. You may apply for both extensions on party holding power of attorney is filing on behalf of the the same application form. executor, include the name, title, and phone number for this An extension of time to pay the tax will only be considered individual in addition to the executor’s information. when reasonable cause exists that prevents the executor Important: Notify us in writing if the executor or application from paying the tax timely and collateral is provided that we filer have a change of address or phone number. determine is acceptable. See What is reasonable cause? below. Part 4. Application for extension of time to file For self-assessed tax, your application must be received Form OR-706 by the later of the original due date for the payment of the Oregon Estate Transfer Tax, or the return filing due date An application for an extension of time to file doesn’t extend (including extensions). the time to pay. You must apply for an extension of time to pay as described below. You may make both applications on For a tax deficiency, your application must be received the same form, at the same time. within 30 days of the Notice of Deficiency. Automatic extension A failure-to-pay penalty won’t be imposed when the estate has an approved extension of time to pay, and all tax plus An executor may apply for an automatic 6-month extension. accrued interest is paid by the extended payment due date. Applications will be approved if received or postmarked by The executor must contact our Estate Tax Unit prior to mak- the original due date of Form OR-706. If your application isn’t ing the final payoff to obtain the final balance that includes received or postmarked by the original due date of Form all tax plus accrued interest. See contact information below. OR-706, it will be denied unless the applicant includes a statement with their application to show good and sufficient Interest charges will continue to accrue on the unpaid tax cause that will be evaluated by the department. See below. at the rate established in OAR 150-305-0140 and isn’t subject Extension for cause to the increased rate established in OAR 150-305-0152 while under an approved extension of time to pay that remains in An executor who is unable to timely file for an automatic good standing. extension may still apply for an extension if they provide good and sufficient cause. Application for an extension for If your payment isn’t made timely, the installment payment cause must be made within the 6-month period after the arrangement is cancelled; a 5 percent late payment penalty original due date. The application must include a written will be assessed; and the remaining liability of penalty, inter- statement explaining why the application wasn’t made est, and tax is due and owing immediately. 150-104-002-1 (Rev. 09-14-23) Page 2 of 4 Form OR-706-EXT Instructions |
Enlarge image | Extension to pay of 1 year or less We will generally accept the following as collateral for We don’t require collateral for an extension to pay of one year purposes of extending the date for payment of the Oregon or less. You must include a written explanation establishing Estate Transfer Tax: reasonable cause. If a written statement isn’t included, your • A first mortgage or trust deed on real property with a application will be denied. value at least double the amount of the tax paid on exten- Extension to pay of more than 1 year and up to 14 years sion, or Estates that require a longer period of time to pay the • A surety bond executed by a corporation licensed to do Oregon Estate Transfer Tax may apply for an extension of business in the State of Oregon. The bond must be at least time to pay of up to 14 years from the original due date of double the amount of the tax paid on extension and must the return. Annual payments are required. be renewed every five years. Acceptable collateral is required. See Collateral requirements Important: Don’t record any mortgage deed, trust deed, or below. obtain a surety bond prior to discussing your application You must include a written explanation that identifies why with our Estate Tax Unit. We must determine and agree that an extension of time to pay is needed, and you must identify the collateral offered is acceptable. which property of the estate that you propose to provide as Extension of time to pay application process collateral. If a written statement isn’t included, your applica- When applying for an extension of time to pay that is over tion will be denied. 1 year, you begin an interactive process with us. Upon What is reasonable cause? receiving the application, the Estate Tax Unit will review the In general, reasonable cause exists if: application to determine if reasonable cause exists. A letter • The estate can pay the tax only by disposing of property will be issued to the executor explaining the application is for less than market value or by borrowing money at a rate tentatively approved pending the taxpayer’s proposal of in excess of the mortgage money market (on terms that acceptable collateral within 60 days of the time the appli- would cause a loss to the estate), or cation for extension of time to pay is tentatively accepted. • The gross taxable estate includes a beneficial interest in We will then contact the executor or party holding power one or more closely held businesses whose value exceeds of attorney and work with them to determine and secure either 35 percent of the gross taxable estate or 50 percent of acceptable collateral and complete the remaining steps the net taxable estate. See OAR 150-118-0150 for definitions needed for the application process. and further details. Part 6. Payment to accompany extension request If a liquid market exists for property, then fluctuations in the market value of the property won’t create reasonable cause Enter on Part 6, Line 1, the estimated amount of estate taxes for an extension of time to pay the estate tax. due. On Line 2, enter the amount of the cash shortage. Include a statement of the current assets already distributed, If no liquid market exists for the property and the lack of a and if applicable, the plan for partial payments during the liquid market would require the estate to sell the property extension period. On Line 3, enter the balance due. for less than its market value, we may determine that there is reasonable cause for an extension to pay. Interest must be paid on any estate taxes that aren’t fully Collateral requirements paid by the original due date of the tax return, regardless of whether an extension of time to file and/or pay has been If you’re applying for an extension of time to pay that is more obtained. For this reason, you should pay as much of the than 1 year and up to 14 years, you’re required to provide acceptable collateral valued at twice the value of the unpaid tax as possible by the original (not extended) due date of tax amount. the return. Example: Form OR-706 shows $700,000 tax due. Of this, Part 7. Signature and verification $200,000 is paid by the due date. The unpaid tax is $500,000. Sign and date as appropriate. Collateral provided must be equal to or greater than $1,000,000, the amount equal to double the unpaid tax. Mail to the address shown on page 3 of the form. 150-104-002-1 (Rev. 09-14-23) Page 3 of 4 Form OR-706-EXT Instructions |
Enlarge image | Do you have questions or need help? Phone 503-378-4988 or 800-356-4222 Internet Monday–Friday, 7:30 a.m.–5 p.m. Closed Thursdays from 9–11 a.m. Closed holidays. www.oregon.gov/dor Wait times may vary. • Download forms, instructions, and publications. • Search FAQ. Contact us for ADA accommodations or assistance in other languages. Email In person estate.help.dor@ dor.oregon.gov Find directions and hours on our website. This email address isn’t secure and confidentiality can’t be ensured. Gen- www.oregon.gov/dor. eral tax and policy questions only. We ask that professional tax preparers and attorneys research questions before contacting us. Correspondence Estate Tax Unit, Business Division Oregon Department of Revenue PO Box 14110 Salem OR 97309-0910 Fax: 503-945-8787, Estate Tax Unit 150-104-002-1 (Rev. 09-14-23) Page 4 of 4 Form OR-706-EXT Instructions |