Enlarge image | Form OR-706 Instructions Oregon Estate Transfer Tax 2024 This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). For possible updates and more information, refer to the laws and rules on our website, www.oregon.gov/dor. Contents Purpose of Form OR-706 ......................................................2 Forest Conservation Tax Credit ...........................................5 Amount paid by the due date of the return ......................6 What’s new ...............................................................................2 Penalty due .............................................................................6 Interest due .............................................................................6 Important .................................................................................2 Total due .................................................................................6 Executor signature .................................................................6 Overview ...................................................................................2 Authorization .........................................................................6 Filing requirements ...............................................................2 Who must file the return ......................................................2 Part 3: Elections by the executor .......................................7 When to file return—due date ............................................2 Alternate valuation ................................................................7 Special use valuation of Section 2032A ..............................7 Return mailing addresses and payment instructions ...3 Reversionary or remainder interests ..................................7 Returns ....................................................................................3 Payment only..........................................................................3 Part 4: General information ................................................7 Private delivery services .......................................................3 Surviving spouse ...................................................................7 Amended returns ..................................................................3 Beneficiary information........................................................7 Forms and schedules ............................................................3 Section 2044 property ...........................................................7 Insurance not included in the gross estate ........................7 Part 1: Decedent and executor information ..................4 Partnership interests and stock in closely Decedent name and SSN ......................................................4 held corporations ...................................................................7 Decedent domicile .................................................................4 Trusts .......................................................................................8 Extensions ...............................................................................4 Part 5: Recapitulation ...........................................................8 Separate election checkbox ..................................................4 Executor name and address ................................................4 Conservation easement exclusion .......................................8 Deductions ..............................................................................8 Part 2: Tax computation ...................................................... 4 Marital deduction—Schedule M .........................................8 Rounding off to whole dollars ............................................ 4 Part 6: Tax table ......................................................................8 Total gross estate ...................................................................4 Natural resource property exemption ................................4 Assembly and processing.....................................................9 Disposition of qualifying property and additional Filing checklist for Form OR-706 .........................................9 tax due .....................................................................................5 What happens after you file the tax return? .....................9 Oregon estate tax. ..................................................................5 Installment payments ...........................................................9 Gross value of property located in Oregon .......................5 Oregon percentage ................................................................5 Survivor information .......................................................... 10 Tax payable to Oregon ..........................................................5 Definitions ............................................................................ 10 Natural resource and commercial fishing business credit ..........................................................5 Do you have questions or need help? ............................ 10 Visit www.oregon.gov/dor for potential updates. 150-104-001-1 (Rev. 07-16-24) Page 1 of 10 2024 Form OR-706 Instructions |
Enlarge image | Purpose of Form OR-706 estimated value of $250,000 to the amount listed on the federal Form 706 recapitulation, line 2 ($600,000), and report the total The executor of a decedent’s estate will use Form OR-706 on the Oregon OR-706 recapitulation, line 502 ($850,000). to figure the estate tax imposed by ORS Chapter 118. This transfer tax is levied on the entire taxable estate and is paid by the estate. This tax isn’t imposed on the heirs or beneficia- Overview ries of the estate. If the estate has assets outside of Oregon, Filing requirements you’ll apportion the tax on part 2, lines 6–8. A return must be filed if the value of the gross estate at the What’s new date of death is $1,000,000 or more. Form OR-706 must be filed for dates of death on or after January 1, 2012; Oregon Natural resource property exemption Form IT-1, Oregon Inheritance Tax Return, must be filed for ORS 118.145 provides an Oregon estate transfer tax exemp- dates of death before January 1, 2012. tion from the taxable estate that applies to estates of dece- Gross estate is defined below in Part 2, line 1. dents who pass away on or after July 1, 2023. The exemption is reported on Oregon Schedule OR-NRE, Oregon Natural All schedules referenced in these instructions are referring to Resource Property Exemption, 150-104-009. An estate can’t schedules included with federal Form 706, unless otherwise claim the natural resource property exemption (line 3) and noted. Report the estate assets and deductions on the federal the natural resource credit (line 9) on the same return. See schedules and include the schedules with your Form OR-706. instructions for line 3 below for more details. Oregon filing requirements are different from the federal filing requirements. Oregon requires the same forms, sched- Important ules, and supporting information (such as photocopy of death certificate, Form 712, life insurance statement, will, Visit www.oregon.gov/dor for potential updates trust documents, appraisals, etc.) that would have been to instructions. required if the estate had filed a federal return. Request for Discharge from Personal Liability To help us to process your return more efficiently, assemble Don’t include Form OR-706-DISC, Request for Discharge from your return in the order as outlined on page 9 in these Personal Liability, with your Form OR-706. Send the OR- instructions. This will assist us in processing the return in 706-DISC form separately. We’ll respond with a Certificate the most efficient and effective manner. of Discharge letter. Who must file the return Federal schedules Executor(s) of the decedent’s estate must file Form OR-706. Oregon doesn’t have our own schedules for the OR-706. We The definition of “executor” is the executor, administra- ask that you attach the federal schedules. They can be found tor, personal representative (PR), fiduciary, or custodian of at www.irs.gov/forms-instructions or by calling 800-829-3676. property of the decedent (ORS 118.005). For probate estates, the personal representative appointed or approved by the Estimated values court has the duty to file the return. For non-probate estates, Did you use estimated values per Treas. Reg. 20.2010-2(a)(7) any person having actual or constructive possession of the (ii) when filing your federal Form 706? If so, attach a separate property of the decedent must file the return. schedule for Oregon listing the schedule, item number, and If two or more people must file a return, they should file one estimated value of the asset that’s deductible under IRC sec- return together. tion 2056 or 2056A, Marital deduction property, or under IRC section 2055(a), Charitable deduction property. Due date—When to file When completing the Oregon recapitulation schedule in part You must file Form OR-706 within twelve months of the date 5 of the return, add the estimated values for each schedule of the decedent’s death. and add to the total value of the corresponding schedule as reported on the federal Form 706 recapitulation schedule. Example: If the date of death is February 16, the due date to file Form OR-706 is February 16. See also “Extensions” below. Example: Federal schedule B reports total assets of $600,000 but also includes an asset that’s deductible under IRC section Payment 2056 or 2056A, Marital deduction property, or under IRC section 2055(a), Charitable deduction property, which is reported on line Your tax payment is due within twelve months of the date of 10 of the federal Form 706 recapitulation. The estimated value the decedent’s death, unless you requested an extension of time of the asset is $250,000. For Oregon purposes, the estate would to pay and we approved your extension of time to pay. Your provide the federal schedule B with the Oregon OR-706, and request for extension of time to pay must be received by the provide a separate schedule listing the estimated value of department by the due date of the return. If the extension isn’t the asset listed on schedule B. The estate would then add the received by the due date of the return the request will be denied. 150-104-001-1 (Rev. 07-16-24) Page 2 of 10 2024 Form OR-706 Instructions |
Enlarge image | If the tax paid with the return is less than the balance due Private delivery services require a physical address. shown on part 2, line 13, explain why you didn’t pay the Use this address: full amount of tax in a statement included with the return. Oregon Department of Revenue If we approved your request for an extension of time to pay, 955 Center Street NE include a copy of the approval with Form OR-706 and check Salem OR 97301-2555 the extension of time to pay box. Your private delivery service will tell you how to get written To assist us in posting your payment to your account if proof of mailing and delivery dates. mailed separate from your return, use Form OR-706-V, Oregon Estate Transfer Tax Payment Voucher, 150-104-172. Send Amended returns the voucher with your payment; don’t send the voucher Do you need to amend your return? If yes, it’s the duty of without a payment. the executor or other responsible person to file an amended You may send payment prior to filing the return, with the return with us. Use Form OR-706 to prepare the amended return, or after filing the return. Always include Form OR- return using the amended figures and include a statement 706-V with your payment if mailed separate from your describing the reason for the amendment. Include any sched- return. Don’t include Form OR-706-V with your return. ules that have changed since your prior tax return was filed and check the amended return box in the upper left corner Payments received after the original due date will be applied on page 1. If an asset value has changed, provide substantia- first to penalty, then to interest, and then to tax. tion, such as an appraisal, to establish the new value. Important: Submit only one copy of your return. lf you are Did the IRS audit or another taxing authority make a change sending in a payment prior to or after filing your return, or correction to the estate tax resulting in a change to the only include Form OR-706-V. Oregon estate tax? If yes, the executor or other responsible party must report the change or correction to us by amend- Mailing addresses and payment instructions ing the estate return showing all the changes and how the Returns: changes affect the Oregon estate tax. If you’re including a payment with your return, mail your If you owe more tax with your amended tax return or return without a payment voucher, to: because of a change or audit to your estate tax return, Oregon Department of Revenue include Form OR-706-V with your payment. You will be PO Box 14555 assessed interest on the additional tax owing calculated Salem OR 97309-0940 from the original due date of the return to the payment date. Note: Also see instructions for part 2, line 12. If you’re not including a payment with your return, mail your return to: Forms and schedules Oregon Department of Revenue You may access our forms and instructions anytime on our PO Box 14110 website at www.oregon.gov/dor. Salem OR 97309-0910. On our website you may: Payment only: • Download current forms, instructions, and publications. If you’re paying by mail, separate from your return, include • Download prior year forms and instructions. a payment voucher, and mail it to: To request help for estate transfer tax via email, write to: Oregon Department of Revenue estate.help.dor@ dor.oregon.gov. PO Box 14950 Salem OR 97309-0950. Federal schedules are found at www.irs.gov/forms-instructions or by calling 800-829-3676. Include on your check: Professional tax preparers must research questions before • FEIN or Decedent’s SSN. contacting us for assistance. • Tax year. • Daytime phone. Part 1: Decedent and executor information • Form OR-706. We’re unable to acknowledge the receipt of tax returns or Decedent payments. Don’t send an addressed envelope for acknowl- Decedent’s name and Decedent’s Social Security number edgements. If you want verification we received your enve- (DSSN). Enter the decedent’s name and SSN assigned to the lope, you may send it by certified mail with a return receipt decedent. If the decedent didn’t have a SSN, the executor requested. If you want to know if we cashed your payment should obtain one for the decedent by filing federal Form check, contact your bank. SS-5, Application for Social Security Card, with the Social 150-104-001-1 (Rev. 07-16-24) Page 3 of 10 2024 Form OR-706 Instructions |
Enlarge image | Security Administration. Don’t use the SSN assigned to the and check the “Prepayment” checkbox when filing the form decedent’s spouse. with your payment. Decedent’s domicile. Domicile is the place where the dece- Separate election dent had their fixed, permanent, principal home. The dece- dent is allowed only one domicile, though they may have If the estate makes an election on the Oregon tax return had multiple residences. which is different from the election made on the federal tax return, check the box “A separate election is claimed” in the Social Security numbers upper right section of the form. Examples of separate elec- tions are qualified terminable interest property (QTIP) and ORS 305.100 and Section 405, Title 42, of the United States Oregon special marital property (OSMP). See part 5, line 520. Code, authorizes requests for SSNs. You must provide this information. The SSN will be used to establish both the Executor decedent’s and executors’ identities. Executor name and address. If there’s more than one executor, enter the name and the address of the executor we Extensions should contact. List the other executors’ names, addresses, To request an extension of time to file or an extension of phone numbers, and SSNs on an attached sheet. Notify us time to pay, complete and submit federal Form 4768 to us in writing of a change of address or phone numbers of any by or before the original due date of Form OR-706. Oregon executor(s) or authorized representative(s). doesn’t have its own extension form. Mail your completed form to the correspondence address at the end of these Part 2: Tax computation instructions. Mail payment separately to: Oregon Depart- ment of Revenue, PO Box 14950, Salem OR 97309-0950. Don’t Rounding off to whole dollars fax your extension. On the return and schedules enter whole dollar amounts Two different types of extensions are available for an estate only, don’t include cents, and round to the nearest dollar. transfer tax return using: Example: $5,762.81 becomes $5,763 and $1,294.33 becomes 1) Extension of time to file. We must receive your request $1,294. for extension of time to file by the original due date of the tax return. Once we receive your timely filed extension request, Line 1. Total gross estate you’ll have an automatic six-month extension of time to file. The gross estate of the decedent is the value of all real and Include a copy of this extension with your Form OR-706. An personal property, tangible or intangible, valued as of the extension of time to file doesn’t extend the time to pay the date of death. Include all assets whether located inside or tax. If your request isn’t received by the original due date outside of Oregon. of the return, your request will be denied. Enter either: 2) Extension of time to pay tax. We must receive your request • Amount from part 5, line 512, column (b) “Value at date for extension of time to pay by the original due date of the of death,” or; tax return. You must include a written statement detailing • Amount from part 5, line 512, column (a) “Alternate why the estate can’t pay the tax by the original due date. If value,” if the executor elected alternate valuation on part the estate doesn’t provide a written statement explaining 3, line 1, elections by the executor. why they can’t pay the tax, the request for extension of time to pay will be denied. We’ll evaluate your request and send Line 3. Natural resource property exemption you written approval or denial. Once your tax return is filed ORS 118.145 provides an exemption for natural resource or and an extension to pay is approved, if the request is for more commercial fishing business property. It applies to estates than 12 months after the original due date of the return, the of decedents dying on or after July 1, 2023. Natural resource estate must provide collateral in an amount equal to twice property is farm use and forestland, as defined in ORS the amount of unpaid tax to secure the debt (ORS 118.225). 308A.056, 308A.250, and 321.201. Real property must be in We will contact you to work through the process of secur- Oregon [ORS 118.140(a)(L)]. The qualifying property also ing acceptable collateral. An extension of time to pay the tax includes property used in commercial fishing business doesn’t extend the time to file the tax return. operations defined in ORS Chapter 508 and IRC Section This extension information may change. See www.oregon. 1301(b)(4). gov/dor. To determine the exemption, see Schedule OR-NRE and Interest accrues on any unpaid tax during the extension instructions at www.oregon.gov/dor. period per ORS 305.220. Important: An estate cannot claim both the natural resource Are you making a payment with an Oregon Department property exemption on line 3, and the natural resource credit of Revenue approved extension to pay? Use Form OR-706-V on line 9, on the same Estate Transfer Tax Return. 150-104-001-1 (Rev. 07-16-24) Page 4 of 10 2024 Form OR-706 Instructions |
Enlarge image | Disposition of qualifying property and Line 8. Tax payable to Oregon additional tax due Multiply Oregon estate tax on line 5 by the Oregon percent- An additional tax may be imposed per ORS 118.005 to age on line 7 and enter the result. 118.540 in two situations. One, if the qualifying property is Example: disposed of or is transferred to a person other than a fam- ily member or another eligible entity, before the property is Line 1, gross estate = $1,450,000 used for five years after the date of death. Two, if the mate- Line 2, deductions = $20,000 rial participation requirements described above are not met. Line 4, taxable estate = $1,430,000 The additional tax liability is the amount of the additional Line 5, tax = $43,000 tax that would have been imposed had the disqualified Line 6, gross value of assets located in Oregon = $800,000 property not been excluded from the taxable estate. The additional tax will be paid as provided by ORS 118.210. The prorated estate tax is computed as follows: [Line 6 ÷line 1 = line 7 Oregon percentage] x line 5 = prorated The payment of federal estate taxes, state inheritance, or tax for line 8. estate taxes from cash or other assets for which a natural resource exemption was claimed, shall be a disposition and [$800,000 ÷ $1,450,000 = 0.551724] x $43,000 = $23,724 an additional tax shall be imposed. prorated tax, enter on line 8. Line 9. Natural resource and commercial fishing Line 5. Oregon estate tax business credit Oregon estate tax is calculated based on the taxable estate consisting of all of the decedent’s property wherever located. ORS 118.140 provides a natural resource or commercial fish- This amount is prorated on lines 6–8 if some property is ing business credit. You may elect to take all, part, or none located outside Oregon. of this credit, for which you qualify. Natural resource prop- erty is farm use and forestland, as defined in ORS 308A.056, To compute line 5, see part 6 of these instructions for the tax 308A.250, and 321.201. Real property must be in Oregon table, computation instructions, and an example. [ORS 118.140(a)(L)]. The qualifying property also includes Line 6. Gross value of property located in Oregon property used in commercial fishing business operations defined in ORS Chapter 508 and IRC Section 1301(b)(4). To When the estate has property located outside of Oregon, use calculate the credit, see Schedule OR-NRC and instructions lines 6, 7, and 8 to compute the prorated Oregon tax. at www.oregon.gov/dor. On line 6, enter the gross value of estate assets taxable by Important: An estate can’t claim both the natural resource Oregon. The taxability of the decedent’s property for Oregon property exemption on line 3, and the natural resource credit purposes depends on whether the decedent was a resident on line 9, on the same Estate Transfer Tax Return. or nonresident of Oregon. Line 10. Forest Conservation Tax Credit Oregon resident decedent. For a resident decedent, prop- erty taxable by Oregon includes all real property located in Important: This credit is certified by the Oregon Depart- Oregon, tangible personal property located in Oregon, and ment of Forestry (ODF). Visit www.oregon.gov/odf for more intangible personal property. Don’t include intangible per- detailed information. sonal property taxed by another state or another country as Senate Bill 1502 (2022) allows a tax credit to a small forest- a result of the decedent’s death. Enter the combined value land owner who chooses to follow timber harvest restric- of these assets on line 6. tions applicable to a large forestland owner. Additionally, If the decedent was an Oregon resident and all assets were House Bill 2161 (2023) amends the tax credit to increase the located in Oregon, enter the gross estate amount from line credit amount under certain conditions. 1 on line 6. To obtain the credit, a forest conservation area must be cre- Nonresident decedent. For a nonresident decedent, prop- ated and the standard practice harvest restrictions must be erty taxable by Oregon includes all real property located in followed for 50 years. The owner must record an irrevocable Oregon and tangible personal property located in Oregon. deed restriction prohibiting a harvest in the forest conserva- Enter the combined value of these assets on line 6. tion area during that time. Line 7. Oregon percentage The tax credit can be used on the small forestland owner’s Estate Transfer Tax Return if the small forestland owner dies Divide the amount on line 6 by the amount on line 1; round on or after January 1, 2023. the decimal to six places. Convert the decimal to a percent- age by multiplying the decimal by 100, or move the decimal Certification is required. The owner must have obtained two places to the right. For example, 0.551724 becomes certification from ODF indi cating the amount of the tax 55.1724%. Write the percentage on line 7. Don’t enter more credit. Don’t include the certification with the tax return. The than 100 percent or less than -0-. amount used can’t be more than the tax liability shown on 150-104-001-1 (Rev. 07-16-24) Page 5 of 10 2024 Form OR-706 Instructions |
Enlarge image | the return. Any unused credit will carry forward and pass • You haven’t filed a timely appeal with us. to the owner’s heirs. Exception to additional interest: If we approved your Repayment. If a timber harvest is conducted in the forest request for extension of time to pay and you’re in compliance conservation area before the restriction has expired, the with the extension terms, the interest rate won’t increase by credit used must be repaid. 4 percent per year. Line 12. Amount paid by the due date of the return Special instructions. Do you owe a penalty on part 2, line 15 For an original Form OR-706, enter the total of prior timely or interest on line 16 and have an overpayment on line 14? If payments. For an amended return, enter the net payments your overpayment is less than the total penalty and interest, (total payments made minus any refunds we paid to the you have an amount due. To calculate the amount due, on line estate) to date. 17 fill in the result of line 15 plus line 16 minus line 14. If your Example: Estate tax payments made with the original return overpayment is more than the total penalty and interest, you = $105,000. Tax on the original return: $88,000. Original have a refund. To calculate your refund, enter on line 18 the refund paid to the estate: $17,000. result of line 14 minus the sum of lines 15 and 16. $88,000 is the amount of your prior payments reduced by Line 17. Total due prior refunds ($105,000 − $17,000 = $88,000). Enter $88,000 on your amended return, line 12, as your net prior payments. Enclose a check or money order for the total amount due (tax plus any applicable penalty and interest) with your return or Line 15. Penalty due pay using Revenue Online. An online payment can only be A penalty of 5 percent of the tax will be imposed if the return made if a filer has previously received correspondence and isn’t filed by the due date or by the extended filing date. A established an account number with us. If paying by mail, penalty of 5 percent of the tax will be imposed if the tax isn’t see Mailing addresses and payment instructions above. paid by the due date. If you have an Oregon Department of Revenue approved extension of time to pay, the tax must be Don’t send cash or postdated checks. paid by the extended payment date to avoid a penalty. Only one 5 percent penalty will be assessed, the 5 percent late fil- Executor signature ing penalty or the 5 percent late payment penalty. The executor who files the return must sign the return If you file the tax return more than three months after the under penalties of false swearing, per ORS 118.990. If there’s due date (including extension), add an additional 20 percent more than one executor, all executors must provide their penalty, for a total of 25 percent penalty. full name, title (such as personal representative, trustee, Line 16. Interest due etc.), address, phone number, and SSN on an attached page. It’s sufficient for only one executor to sign the return when Interest is charged on tax not paid by the due date of the return, excluding extensions. Interest will accrue during there’s more than one executor. All executors are responsible the extension period. The interest rate may change once a for the return as filed and are liable for penalties provided calendar year. See ORS 305.222 for more information. for willfully filing erroneous or false returns, per ORS 118.990. This also applies to amended returns. If you file or pay after the due date, calculate and pay interest on any unpaid tax or on tax paid after the original due date. Inter- All executors or authorized representatives must notify us in est is calculated daily. Here’s how to calculate the interest due: writing of any change of address or phone number. Tax x Daily interest rate x Number of days. If you paid a tax preparer to complete this tax return, the For periods preparer must sign and date the return, and provide their beginning Annual Daily identifying information. January 1, 2025 9% 0.0247% Authorization January 1, 2024 8% 0.0219% January 1, 2023 6% 0.0164% If you want the tax return preparer to discuss this tax return Additional interest on deficiencies and delinquencies. with us, check the box located between the signature line Interest will increase by one-third of 1 percent per month for the executor and the preparer. This is a limited autho- (4 percent yearly) on deficiencies or delinquencies if the rization. If you want to authorize a person other than the following occurs: preparer, include a signed Oregon Tax Information Authori- • You file a return showing tax due, or we assess an existing zation and Power of Attorney for Representation (POA) form, deficiency; and 150-800-005, with the tax return, or submit the POA form to • The assessment isn’t paid within 60 days after we issue the us separately. The POA form is available on our website at notice of assessment; and www.oregon.gov/dor/forms. 150-104-001-1 (Rev. 07-16-24) Page 6 of 10 2024 Form OR-706 Instructions |
Enlarge image | Part 3: Elections by the executor Relationship For each individual beneficiary, enter the relationship (if Line 1. Alternate valuation known) to the decedent by reason of blood, marriage, or Refer to the federal Form 706 instructions for the alternate adoption. For trust or estate beneficiaries, indicate TRUST or valuation election. In the federal instructions, replace “IRS” ESTATE. with “Oregon Department of Revenue” and replace Form 706 Amount with Oregon Form OR-706. Search for the current year federal Enter the value actually distributed (or to be distributed) Form 706 and instructions at www.irs.gov/forms-pubs (if the to each beneficiary, including transfers during the dece- current year isn’t available, use the prior year’s form). dent’s life, from Schedule G. This value is required to be included in the gross estate. The value entered doesn’t need Don’t complete the “Alternate valuation date” or “Alternate to be exact; a reasonable estimate is sufficient. For example, value” columns of any schedule unless the executor elected where precise values can’t readily be determined, as with alternate valuation under elections. certain future interests, a reasonable approximation should Line 2. Special use valuation of Section 2032A be entered. The total of these distributions should approxi- mate the value of the gross estate reduced by funeral and Refer to the federal Form 706 instructions for special use val- administrative expenses, debts and mortgages, bequests to uation of the Section 2032A election. In the federal instruc- surviving spouse, charitable bequests, and any federal estate tions, replace “IRS” with “Oregon Department of Revenue” and state inheritance taxes paid (or payable) relating to the and replace Form 706 with Oregon Form OR-706. Search benefits received by the beneficiaries listed on lines 2 and 3. for the current year Form 706 and instructions at www.irs. All distributions of less than $5,000 to specific beneficiaries gov/forms-pubs (if the current year isn’t available, use the may be included with distributions to unascertainable ben- prior year’s form). eficiaries on line 3b. Line 4. Section 2044 property Line 3. Reversionary or remainder interests If you answered “Yes,” these assets must be shown on For details of this election, see IRC Section 6163 and the Schedule F. related regulations. Section 2044 property is property for which a previous Section 2056(b)(7) election (qualified terminable interest Part 4: General information property, or QTIP election) has been made, or for which a Line 2. Surviving spouse similar gift tax election (Section 2523) has been made. For more information, see the federal Form 706 instructions for Complete line 2 whether or not there is a surviving spouse Schedule F. and whether or not the surviving spouse received any benefits from the estate. If there was no surviving spouse Line 5. Insurance not included in the gross estate on the date of the decedent’s death, enter “None” on line 2a If you checked “Yes” for either 5a or 5b, you must complete and leave lines 2b and 2c blank. The value entered on line 2c and include both Schedule D and Form 712, Life Insurance doesn’t need to be exact. See the instructions for “Amount” Statement, for each policy with an explanation of why the under line 3. policy or its proceeds are not includible in the gross estate. Line 3. Beneficiary information Line 7. Partnership interests and stock in closely Name held corporations On line 3a, enter the name of each individual, trust, or estate If you answered “Yes” to line 7, you must include full details who received or will receive benefits of $5,000 or more from for partnerships and unincorporated businesses on Schedule the estate directly as an heir, next-of-kin, devisee, or legatee; F (Schedule E if the partnership interest is jointly owned). or indirectly (for example, as beneficiary of an annuity or You must include full details for the stock of inactive or insurance policy, shareholder of a corporation, or an heir closely held corporations on Schedule B. that is a partner in a partnership, etc.). Value these interests using the federal Regulations Section Note: If the estate has more than 7 beneficiaries, include a 20.2031-2 (stocks) or 20.2031-3 (other business interests). free form continuation page and complete only those fields A “closely held corporation” is a corporation whose shares relating to the beneficiaries. are owned by a limited number of shareholders. Often, one family holds the entire stock issued. As a result, little, if any, Identifying number trading of the stock takes place. There is, therefore, no estab- Enter the SSN of each individual beneficiary listed. If the lished market for the stock, and those sales that do occur number is unknown, or the individual has no number, are at irregular intervals and seldom reflect all the elements indicate “unknown” or “none.” For trusts and other estates, of a representative transaction as defined by the term “fair enter the federal employer identification number (FEIN). market value” (FMV). 150-104-001-1 (Rev. 07-16-24) Page 7 of 10 2024 Form OR-706 Instructions |
Enlarge image | Line 9. Trusts property subject to claims, or (b) the amount actually paid at the time the return is filed. If you answered “Yes” to either 9a or 9b, you must include a copy of the trust instrument for each trust. You must com- Don’t enter more on line 517 than the amount on line 516. plete Schedule G if you answered “Yes” to 9a and Schedule See IRC Section 2053 and the related regulations for more F if you answered “Yes” to 9b. information. Line 520. Marital deduction—Schedule M Part 5: Recapitulation Oregon allows elections, including but not limited to Section Lines 501 through 510—gross estate: You must make an 2056—Bequests to surviving spouse. See ORS 118.010 and entry on each line 501 through 509. If the gross estate doesn’t relevant rules for details and examples. contain any assets of the type specified by the separate schedules, enter zero on that line. Entering zero on any lines If the estate claims a marital deduction or a QTIP deduction, 501 through 509 is a statement by the executor, made under complete and include an “Oregon-only” Schedule M. Iden- penalties of false swearing, that the gross estate doesn’t tify the specific property for the deduction. contain any includible assets covered by that line. An estate may elect to claim an Oregon special marital prop- Don’t enter any amounts in the “Alternate value” column erty (OSMP) deduction. The OSMP deduction is allowed by unless you elected alternate valuation on elections by the ORS 118.013 and 118.016. See ORS 118.010 and relevant rules executor—part 3, line 1. for more detail and examples. If you elect alternate value, list amounts in both the alternate The Oregon estate transfer tax return for the second spouse value column and value at date of death column. Per IRC to die must include any property previously claimed for the 2032(c), the election must decrease the value of the gross QTIP or OSMP deduction claimed on the Oregon estate or estate and estate tax. inheritance tax return for the first spouse to die. See ORS Schedules to include for lines 501 through 509. You must 118.010 and relevant rules for details. include: • Schedules A, B, and C if the gross estate includes any real Part 6: Tax table estate; stocks and bonds; or mortgages, notes, and cash, respectively. Compute your tax for part 2 line 5 by applying the rates • Schedule D if the gross estate includes any life insurance in the table below to the amount on part 2, line 4 (taxable or if you answered “Yes” to general information—part 4, estate). question 5. Example: • Schedule E if the gross estate contains any jointly owned • The taxable estate, part 2, line 4, is $1,700,000. property or if you answered “Yes” to general informa- • Column 1, the taxable amount is equal to or more than tion—part 4, question 6. $1,500,000. • Schedule F must be filed with every tax return. Answer • Column 2, the taxable amount is less than $2,500,000. its questions, even if you report no assets on this schedule. • Column 3, tax on the amount in column 1 is $50,000. • Schedule G if the decedent made any of the lifetime trans- • Column 4, tax rate of 10.25 percent; apply to the taxable fers to be listed on that schedule or if you answered “Yes” to general information—part 4, question 8 or 9a. estate amount which is more than the amount in column 1. • Schedule H if you answered “Yes” to part 4, question 10. • $1,700,000 less $1,500,000 = $200,000 x 10.25% = $20,500 • Schedule I if you answered “Yes” to part 4, question 11. plus $50,000 = $70,500 total tax. • Enter your Oregon estate transfer tax on part 2, line 5. Line 511. Conservation easement exclusion Column 1 Column 2 Column 3 Column 4 You must complete and include Schedule U (along with any Tax rate on taxable required attachments) to claim the exclusion on this line. Taxable estate Tax on estate amount more equal to or Taxable estate amount than the amount in Lines 513 through 521. Deductions more than: less than: in column 1: column 1 (percent): $ 1,000,000 $ 1,500,000 $0 10.0% You must include schedules J, K, L, M, and O as applicable, 1,500,000 2,500,000 50,000 10.25% for the deductions you claim. 2,500,000 3,500,000 152,500 10.5% Line 517 3,500,000 4,500,000 257,500 11.0% 4,500,000 5,500,000 367,500 11.5% If line 516 is less than or equal to the value (at the time of the 5,500,000 6,500,000 482,500 12.0% decedent’s death) of the property subject to claims, enter the 6,500,000 7,500,000 602,500 13.0% amount from line 516 on line 517. 7,500,000 8,500,000 732,500 14.0% If the amount on line 516 is more than the value of the prop- 8,500,000 9,500,000 872,500 15.0% erty subject to claims, enter the greater of (a) the value of the 9,500,000 1,022,500 16.0% 150-104-001-1 (Rev. 07-16-24) Page 8 of 10 2024 Form OR-706 Instructions |
Enlarge image | Assembly and documentation required Note: Processing delays may occur if you don’t provide the required documents with your tax return. Filing checklist for Form OR-706 When you complete the return, assemble all the required What happens after you file the tax return? pages together, without staples, in the following order: We’ll process your tax return in the order the returns are • Payment, if including with return. Don’t include a Form received. We may contact you for additional information or doc- OR-706-V. umentation in order to complete the processing of your return. • Form OR-706, pages 1, 2, and 3. Once the return is processed and the account is paid in full, • Federal Form 706 (if required to file with IRS). we’ll issue the Oregon estate tax receipt as required by ORS • Federal schedules in alphabetical order, with Forms 712 118.250. The receipt will identify the estate and show the or 706-CE, if applicable. amount of tax, penalty, and interest paid to us. We’ll send • Oregon Schedule OR-OSMP, if applicable. a copy of the receipt to the authorized representative, if the • Oregon Schedule OR-NRC, if applicable. authorization box on part 2 of the form is checked, or if we • Copy of extension request, if applicable. have an Oregon POA form on file for a representative. • Death certificate. • Will. The executor may request a discharge from personal liability • Trust documents, if applicable. by completing the Oregon Form OR-706-DISC, Request for • Powers of appointment document. Discharge from Personal Liability, 150-104-005. This form must • A copy of the foreign country’s or other state’s Estate Tax be filed separately from the Form OR-706. Return if the estate is subject to estate tax in a foreign We have up to 18 months to respond to your request. During country or another state. our review your return may be selected for an audit. We’ll • A copy of property inventory, schedule of liabilities, claims issue the discharge after we have accepted the return and against the estate, and expenses of administration filed with the account is paid in full. a foreign probate court, certified by an official of the court. • Expert valuations (for example: business value, personal property value, etc.). Installment payments • Independent fee appraisals for real property, wherever Does the estate include an interest in a closely held business? located, used to support reported value. Does the estate need to dispose of property for less than fair If the decedent was a U.S. citizen but not a resident of the market value to pay the estate transfer tax? If you answered yes to either one of these questions and the estate wishes United States, you must include the following documents to pay the tax in installments under ORS 118.225, you must with the return: submit a request for extension of time to pay. We’ll issue a • A copy of property inventory, schedule of liabilities, claims determination letter to inform the estate whether or not they against the estate, and expenses of administration filed qualified for installment payments under ORS 118.225. The with the foreign court of probate jurisdiction, certified by number of payments can be up to 14 equal payments made a proper official of the court; up of annual interest and principal. • A copy of the return filed under the foreign inheritance, The portion of tax which doesn’t qualify for the installment estate, legacy, succession tax, or other death tax act, certi- plan must be paid by the original due date of the tax return. fied by a proper official of the foreign tax department, if The first of 14 installment payments will begin once the the estate is subject to such a foreign tax; and extended payment period is approved by us, the total tax is • A photocopy of the will, if the decedent died testate. determined, and collateral has been provided by the estate; • Copies of final statements from all accounts for checking, see collateral required below. Other payment arrangements saving, retirement, and other related accounts to support may be available for your estate under ORS 118.225. the amounts reported on Schedule B, C and G. Collateral required Continuation schedules According to ORS 118.225 and corresponding rules, for us to If there isn’t enough space on a schedule to list all the items, agree to an installment payment of tax, the following must occur: include a continuation schedule: • Acceptable collateral must be provided. For real property, • Number the items you list on each schedule, beginning a first mortgage, having a value of double the extended with the number “1” each time. tax. For personal property, a surety bond in double the • Total the items listed on each schedule and its attachments, amount of the extended tax, executed by a corporation and any continuation schedules. licensed to do business in the State of Oregon. The bond • Enter the total of all schedules and continuation schedules must be renewed every five years. at the bottom of each schedule. • Executor is personally liable for payment of the tax to the • Don’t carry the totals forward from one schedule to the next. extent of the value of the property. • Enter the total for each schedule on part 5—recapitulation. • Annual statements of account will be sent to the executor. 150-104-001-1 (Rev. 07-16-24) Page 9 of 10 2024 Form OR-706 Instructions |
Enlarge image | • If your payment isn’t made timely, the installment pay- Probate: A formal court proceeding used when the dece- ment arrangement is cancelled; a 5 percent late payment dent held property solely in the decedent’s name. Probate penalty will be assessed; and the remaining liability of settles the decedent’s finances and distributes the property penalty, interest, and tax is due and owing immediately. according to the will or state law. The probate court appoints • Interest on the Oregon Estate Transfer tax accumulates a personal representative. from the day after the due date of the original return, to Probate court: In Oregon, this is generally the circuit court. the date your payment is received. In some cases it may be the county district court or the • Oregon interest rates are shown in these instructions for county court. part 2, line 16. Real property: Real property is land and stationary build- You don’t need to furnish the required mortgage or bond ings. For example, a residence or commercial building is at the time you file Form OR-706. We will contact you and real property. work through the process of securing acceptable collateral. Simple estate proceeding: A court procedure to transfer Important: The interest paid on installment payments isn’t the title of solely owned property to heirs when the estate deductible as an administrative expense of the estate. consists of: (a) The fair market value of the estate is $275,000 or less; Survivor information (b) No more than $75,000 of the fair market value of the The following information is designed to help if you’re set- estate is attributable to personal property; and tling the finances of a deceased person. It’s not a complete (c) No more than $200,000 of the fair market value of the statement of laws or rules. estate is attributable to real property. If you have questions after reading these instructions, see Do you have questions or need help? your attorney. Some of these matters are complex and you may need legal advice. Internet Definitions www.oregon.gov/dor Beneficiary: One who will receive assets from an estate. The • Download forms, instructions, and publications. assets of an estate are distributed to beneficiaries after all • Search FAQ. taxes and expenses are paid. The assets may be distributed under the terms of a will, or if there is no will, under the Email provisions of state law. (Other terms: heirs at law, devisee, legatee, and claiming successor.) estate.help.dor@ dor.oregon.gov This email address isn’t secure and confidentiality can’t be ensured. Gen- Decedent: A legal word for a person who has died. eral tax and policy questions only. We ask that professional tax preparers Estate: All the property of the decedent. (See probate and small and attorneys research questions before contacting us. estate proceeding.) If an estate is probated, the court appoints a personal representative to be responsible for the property Correspondence and finances of the estate. Any money the estate earns (such as rental income or stock dividends) must be reported on Form Estate Tax Unit, Business Division OR-41, Oregon Fiduciary Income Tax Return, 150-101-041. Oregon Department of Revenue PO Box 14110 Executor: An executor is a personal representative, admin- Salem OR 97309-0910 istrator, trustee, fiduciary, or custodian of the property, or Fax: 503-945-8787, Estate Tax Unit any person who has actual or constructive possession of the decedent’s property. Phone Fiduciary: An individual or legal group (such as a bank or 503-378-4988 or 800-356-4222 corporation) that has financial responsibility for an estate or a trust held for the benefit of others. Monday–Friday, 7:30 a.m.–5 p.m. Closed Thursdays from 9–11 a.m. Closed holidays. Personal property: All property that isn’t real property, such Wait times may vary. as money, stocks, bonds, machinery, or equipment. A mobile home owned by the decedent, but located on rented or leased Contact us for ADA accommodations or assistance in other land is also personal property. languages. Personal representative: The executor, administrator, or In person anyone in charge of the decedent’s property. The surviv- Find directions and hours on our website. ing spouse may or may not be the personal representative, www.oregon.gov/dor. depending on the will or the court appointment. The per- sonal representative is also the estate’s fiduciary. 150-104-001-1 (Rev. 07-16-24) Page 10 of 10 2024 Form OR-706 Instructions |