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                                  Form OR-706 Instructions  
                                  Oregon Estate Transfer Tax                                                                                 2023

 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                    Penalty due .............................................................................6
                                                                                                  Interest due .............................................................................6
What’s new ...............................................................................2       Total due .................................................................................7
                                                                                                  Executor signature .................................................................7
Important .................................................................................2
                                                                                                  Authorization .........................................................................7

Overview ...................................................................................2   Part 3: Elections by the executor .......................................7
  Filing requirements ...............................................................2            Alternate valuation ................................................................7
  Who must file the return ......................................................2                Special use valuation of Section 2032A ..............................7
  When to file return—due date ............................................2                       Reversionary or remainder interests ..................................7

Return mailing addresses and payment instructions ...3                                          Part 4: General information ................................................7
  Returns ....................................................................................3   Surviving spouse ...................................................................7
  Payment only..........................................................................3         Beneficiary information........................................................7
  Private delivery services .......................................................3              Section 2044 property ...........................................................8
  Amended returns ..................................................................3
                                                                                                  Insurance not included in the gross estate ........................8
  Forms and schedules ............................................................3
                                                                                                  Partnership interests and stock in closely 
Part 1: Decedent and executor information ..................4                                     held corporations ...................................................................8
  Decedent name and SSN ......................................................4                   Trusts .......................................................................................8

  Decedent domicile .................................................................4          Part 5: Recapitulation ...........................................................8
  Extensions ...............................................................................4
                                                                                                  Conservation easement exclusion .......................................8
  Separate election checkbox ..................................................4
                                                                                                  Deductions ..............................................................................8
  Executor name and address  ................................................4
                                                                                                  Marital deduction—Schedule M .........................................9
Part 2: Tax computation ...................................................... 4
                                                                                                Part 6: Tax table ......................................................................9
  Rounding off to whole dollars ............................................ 4
  Total gross estate ...................................................................4         Assembly and processing.....................................................9
  Natural resource property exemption ................................4                           Filing checklist for Form OR-706 .........................................9
  Oregon estate tax. ..................................................................5          What happens after you file the tax return? ................... 10

  Gross value of property located in Oregon .......................5                            Installment payments ......................................................... 10
  Oregon percentage ................................................................6
  Tax payable to Oregon ..........................................................6             Survivor information .......................................................... 10
  Natural resource and commercial 
                                                                                                  Definitions ............................................................................ 10
  fishing business credit ..........................................................6
  Amount paid by the due date of the return ......................6                             Do you have questions or need help? ............................ 11

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Purpose of Form OR-706                                            Example: Federal schedule B reports total assets of $600,000 
                                                                  but also includes an asset that’s deductible under IRC section 
The executor of a decedent’s estate will use Form OR-706          2056 or 2056A, Marital deduction property, or under IRC section 
to figure the estate tax imposed by ORS Chapter 118. This         2055(a), Charitable deduction property, which is reported on line 
transfer tax is levied on the entire taxable estate and is paid   10 of the federal Form 706 recapitulation. The estimated value 
by the estate. This tax isn’t imposed on the heirs or beneficia-  of the asset is $250,000. For Oregon purposes, the estate would 
ries of the estate. If the estate has assets outside of Oregon,   provide the federal schedule B with the Oregon OR-706, and 
you’ll apportion the tax on part 2, lines 6–8.                    provide a separate schedule listing the estimated value of 
                                                                  the asset listed on schedule B. The estate would then add the 
                                                                  estimated value of $250,000 to the amount listed on the federal 
What’s new                                                        Form 706 recapitulation, line 2 ($600,000), and report the total 
                                                                  on the Oregon OR-706 recapitulation, line 502 ($850,000).
Natural resource property exemption

Senate Bill 498 (2023) creates an Oregon estate transfer tax      Overview
exemption from the taxable estate that applies to estates of 
decedents who pass away on or after July 1, 2023. An estate       Filing requirements
can’t claim the natural resource property exemption (line 3) 
and the natural resource credit (line 9) on the same return.      A return must be filed if the value of the gross estate at the 
See instructions for line 3 below for more details.               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 
Forest Conservation Tax Credit                                    Form IT-1, Oregon Inheritance Tax Return, must be filed for 
Senate Bill 1502 (2022) allows a tax credit to a small forest-    dates of death before January 1, 2012. 
land owner who chooses to follow timber harvest restric-          Gross estate is defined below in Part 2, line 1.
tions applicable to a large forestland owner. 
                                                                  All schedules referenced in these instructions are referring to 
Additionally, House Bill 2161 (2023) amends the tax credit to     schedules included with federal Form 706, unless otherwise 
increase the credit amount under certain conditions. This         noted. Report the estate assets and deductions on the federal 
credit is certified by the Oregon Department of Forestry          schedules and include the schedules with your Form OR-706.
(ODF). Visit  www.oregon.gov/odf for details.
                                                                  Oregon filing requirements are different from the federal 
This tax credit can be claimed on the small forestland owner’s    filing requirements. Oregon requires the same forms, sched-
Estate Transfer Tax Return if the small forestland owner dies on  ules, and supporting information (such as photocopy of 
or after January 1, 2023. See the instructions for line 10 below. death certificate, Form 712, life insurance statement, will, 
                                                                  trust documents, appraisals, etc.) that would have been 
Important                                                         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 
                                                                  your return in the order as outlined on page 9 in these 
Don’t include Form OR-706-DISC, Request for Discharge from        instructions. This will assist us in processing the return in 
Personal Liability,  with your Form OR-706. Send the OR-          the most efficient and effective manner.
706-DISC form separately. We’ll respond with a Certificate 
of Discharge letter.                                              Who must file the return 
Federal schedules                                                 Executor(s) of the decedent’s estate must file Form OR-706. 
                                                                  The definition of “executor” is the executor, administra-
Oregon doesn’t have our own schedules for the OR-706. We          tor, personal representative (PR), fiduciary, or custodian of 
ask that you attach the federal schedules. They can be found      property of the decedent (ORS 118.005). For probate estates, 
at  www.irs.gov/forms-instructions or by calling 800-829-3676.    the personal representative appointed or approved by the 
Estimated values                                                  court has the duty to file the return. For non-probate estates, 
                                                                  any person having actual or constructive possession of the 
Did you use estimated values per Treas. Reg. 20.2010-2(a)(7)      property of the decedent must file the return.
(ii) when filing your federal Form 706? If so, attach a separate 
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 
                                                                  Due date—When to file
section 2055(a), Charitable deduction property. 
                                                                  You must file Form OR-706 within twelve months of the date 
When completing the Oregon recapitulation schedule in part 
                                                                  of the decedent’s death. 
5 of the return, add the estimated values for each schedule 
and add to the total value of the corresponding schedule as       Example: If the date of death is February 16, the due date to 
reported on the federal Form 706 recapitulation schedule.         file Form OR-706 is February 16. See also “Extensions” below.
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Payment                                                            We’re unable to acknowledge the receipt of tax returns or 
                                                                   payments. Don’t send an addressed envelope for acknowl-
Your tax payment is due within twelve months of the date of 
                                                                   edgements. If you want verification we received your enve-
the decedent’s death, unless you requested an extension of time 
to pay and we approved your extension of time to pay. Your         lope, you may send it by certified mail with a return receipt 
request for extension of time to pay must be received by the       requested. If you want to know if we cashed your payment 
department by the due date of the return. If the extension isn’t   check, contact your bank.
received by the due date of the return the request will be denied. Private delivery services require a physical address. 
If the tax paid with the return is less than the balance due          Use this address:
shown on part 2, line 13, explain why you didn’t pay the 
                                                                      Oregon Department of Revenue
full amount of tax in a statement included with the return. 
                                                                      955 Center Street NE
If we approved your request for an extension of time to pay, 
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, 
                                                                   Amended returns
Oregon Estate Transfer Tax Payment Voucher, 150-104-172. Send 
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 
first to penalty, then to interest, and then to tax.               on page 1. If an asset value has changed, provide substantia-
                                                                   tion, such as an appraisal, to establish the new value.
Important: Submit only one copy of your return. lf you are 
sending in a payment prior to or after filing your return,         Did the IRS audit or another taxing authority make a change 
only include Form OR-706-V.                                        or correction to the estate tax resulting in a change to the 
                                                                   Oregon estate tax? If yes, the executor or other responsible 
Mailing addresses and payment instructions                         party must report the change or correction to us by amend-
Returns:                                                           ing the estate return showing all the changes and how the 
If you’re including a payment with your return, mail your          changes affect the Oregon estate tax.
return without a payment voucher, to:                              If you owe more tax with your amended tax return or 
Oregon Department of Revenue                                       because of a change or audit to your estate tax return, 
PO Box 14555                                                       include Form OR-706-V with your payment. You will be 
Salem OR 97309-0940                                                assessed interest on the additional tax owing calculated 
If you’re not including a payment with your return, mail           from the original due date of the return to the payment date.
your return to:                                                    Note: Also see instructions for part 2, line 12.
Oregon Department of Revenue
                                                                   Forms and schedules 
PO Box 14110
Salem OR 97309-0910.                                               You may access our forms and instructions anytime on our 
Payment only:                                                      website at  www.oregon.gov/dor.  
If you’re paying by mail, separate from your return, include       On our website you may:
a payment voucher, and mail it to:
                                                                   • Download current forms, instructions, and publications.
Oregon Department of Revenue                                       • Download prior year forms and instructions.
PO Box 14950
Salem OR 97309-0950.                                               To request help for estate transfer tax via email, write to: 
                                                                     estate.help.dor@ dor.oregon.gov.
Include on your check:
                                                                   Federal schedules are found at  www.irs.gov/forms-instructions 
• FEIN or Decedent’s SSN.                                          or by calling 800-829-3676.
• Tax year.
• Daytime phone.                                                   Professional tax preparers must research questions before 
• Form OR-706.                                                     contacting us for assistance.
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Part 1: Decedent and executor information                         the amount of unpaid tax to secure the debt (ORS 118.225). 
                                                                  We will contact you to work through the process of secur-
                                                                  ing acceptable collateral. An extension of time to pay the tax 
Decedent
                                                                  doesn’t extend the time to file the tax return. 
Decedent’s name and Decedent’s Social Security number 
                                                                  This extension information may change. See  www.oregon.
(DSSN). Enter the decedent’s name and SSN assigned to the 
                                                                  gov/dor. 
decedent. If the decedent didn’t have a SSN, the executor 
should obtain one for the decedent by filing federal Form         Interest accrues on any unpaid tax during the extension 
SS-5, Application for Social Security Card, with the Social       period per ORS 305.220.
Security Administration. Don’t use the SSN assigned to the 
                                                                  Are you making a payment with an Oregon Department 
decedent’s spouse. 
                                                                  of Revenue approved extension to pay? Use Form OR-706-V 
Decedent’s domicile. Domicile is the place where the dece-        and check the “Prepayment” checkbox when filing the form 
dent had their fixed, permanent, principal home. The dece-        with your payment.
dent is allowed only one domicile, though they may have 
had multiple residences.                                          Separate election
                                                                  If the estate makes an election on the Oregon tax return 
Social Security numbers
                                                                  which is different from the election made on the federal tax 
ORS 305.100 and Section 405, Title 42, of the United States       return, check the box “A separate election is claimed” in the 
Code, authorizes requests for SSNs. You must provide this         upper right section of the form. Examples of separate elec-
information. The SSN will be used to establish both the           tions are qualified terminable interest property (QTIP) and 
decedent’s and executors’ identities.                             Oregon special marital property (OSMP). See part 5, line 520. 

                                                                  Executor
Extensions
                                                                  Executor name and address. If there’s more than one 
Important: Visit  www.oregon.gov/dor for potential updates        executor, enter the name and the address of the executor we 
including extension requirements for estate returns where a       should contact. List the other executors’ names, addresses, 
decedent’s date of death is late in 2023.                         phone numbers, and SSNs on an attached sheet. Notify us 
                                                                  in writing of a change of address or phone numbers of any 
To request an extension of time to file or an extension of        executor(s) or authorized representative(s).
time to pay, complete and submit federal Form 4768 to us 
by or before the original due date of Form OR-706. Oregon 
doesn’t have its own extension form. Mail your completed          Part 2: Tax computation
form to the correspondence address at the end of these 
instructions. Mail payment separately to: Oregon Depart-          Rounding off to whole dollars
ment of Revenue, PO Box 14950, Salem OR 97309-0950. Don’t 
                                                                  On the return and schedules enter whole dollar amounts 
fax your extension.
                                                                  only, don’t include cents, and round to the nearest dollar. 
Two different types of extensions are available for an estate 
                                                                  Example: $5,762.81 becomes $5,763 and $1,294.33 becomes 
transfer tax return using:
                                                                  $1,294.
1) Extension of time to file. We must receive your request 
for extension of time to file by the original due date of the tax Line 1. Total gross estate
return. Once we receive your timely filed extension request,      The gross estate of the decedent is the value of all real and 
you’ll have an automatic six-month extension of time to file.     personal property, tangible or intangible, valued as of the 
Include a copy of this extension with your Form OR-706. An        date of death. Include all assets whether located inside or 
extension of time to file doesn’t extend the time to pay the      outside of Oregon. 
tax. If your request isn’t received by the original due date 
                                                                  Enter either:
of the return, your request will be denied.
                                                                  • Amount from part 5, line 512, column (b) “Value at date 
2) Extension of time to pay tax. We must receive your request        of death,” or;
for extension of time to pay by the original due date of the      • Amount from part 5, line 512, column (a) “Alternate 
tax return. You must include a written statement detailing           value,” if the executor elected alternate valuation on part 
why the estate can’t pay the tax by the original due date. If        3, line 1, elections by the executor.
the estate doesn’t provide a written statement explaining 
why they can’t pay the tax, the request for extension of time     Line 3. Natural resource property exemption
to pay will be denied. We’ll evaluate your request and send 
                                                                  Important: For estate transfer tax questions, write to: estate.
you written approval or denial. Once your tax return is filed 
                                                                  help.dor@ dor.oregon.gov.
and an extension to pay is approved, if the request is for more 
than 12 months after the original due date of the return, the     Senate Bill 498 (2023) provides an exemption for natural 
estate must provide collateral in an amount equal to twice        resource or commercial fishing business property. It applies 
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to estates of decedents dying on or after July 1, 2023. Natural   equals a maximum of $15 million and is claimed on line 3 
resource property is farm use and forestland, as defined in       of Form OR-706. 
ORS 308A.056, 308A.250, and 321.201. Real property must 
                                                                  Important: An estate cannot claim both the natural resource 
be in Oregon [ORS 118.140(a)(L)]. The qualifying property 
                                                                  property exemption on line 3, and the natural resource credit 
also includes property used in commercial fishing business 
                                                                  on line 9, on the same Estate Transfer Tax Return.
operations defined in ORS Chapter 508 and IRC Section 
1301(b)(4).                                                       Disposition of qualifying property and 
This exemption is only allowed if you meet the following          additional tax due  
requirements:
                                                                  An additional tax may be imposed per ORS 118.005 to 
•  The natural resource property is located in this state.        118.540 in two situations. One, if the qualifying property is 
• The total value of the exemption may not exceed $15             disposed of or is transferred to a person other than a fam-
million.                                                          ily member or another eligible entity, before the property is 
• An exemption is allowed for the following real property         used for five years after the date of death. Two, if the mate-
only if the real property was owned by the decedent dur-          rial participation requirements described above are not met.
ing an aggregate period of five years before the decedent’s 
death and used in a business described in ORS 118.140(3)          The additional tax liability is the amount of the additional 
(d):                                                              tax that would have been imposed had the disqualified 
a.  Real property used as forestland or as forestland home-       property not been excluded from the taxable estate. The 
sites, not to exceed 5,000 acres.                                 additional tax will be paid as provided by ORS 118.210.
b.  Real property used in farm use.                               The payment of federal estate taxes, state inheritance, or 
• An exemption is allowed for property used in the opera-         estate taxes from cash or other assets for which a natural 
tion of a fishing business only if the decedent or a family       resource exemption was claimed, shall be a disposition and 
member, during a period of years before the decedent’s            an additional tax shall be imposed.
death: 
a.  Owned a vessel used in taking food fish or shellfish          Line 5. Oregon estate tax
for commercial purposes (ORS 506.006); 
                                                                  Oregon estate tax is calculated based on the taxable estate 
b.  Held a boat license (ORS 508.260); 
                                                                  consisting of all of the decedent’s property wherever located. 
c.  Held a commercial fishing license (ORS 508.235); and 
                                                                  This amount is prorated on lines 6–8 if some property is 
d.  Held one or more restricted fisheries permits (ORS 508) 
                                                                  located outside Oregon.
or an equivalent restricted vessel permit system under 
the laws of another state.                                        To compute line 5, see part 6 of these instructions for the tax 
                                                                  table, computation instructions, and an example.
Oregon will allow an exemption for property that meets 
the above requirements if the decedent or a family member         Line 6. Gross value of property located in Oregon
materially participated in the farm, forestry, or fishing busi-
ness at least 75% of the days in the five years prior to the      When the estate has property located outside of Oregon, use 
death of the decedent.                                            lines 6, 7, and 8 to compute the prorated Oregon tax.
In addition, at least one family member must materially par-      On line 6, enter the gross value of estate assets taxable by 
ticipate in the farm, forestry, or fishing business at least 75%  Oregon. The taxability of the decedent’s property for Oregon 
of the days of in the five years after the death of the decedent. purposes depends on whether the decedent was a resident 
“Materially participate” means to engage in active manage-        or nonresident of Oregon.  
ment (IRC 2032A), of the farm business, forestry business,        Oregon resident decedent. For a resident decedent, prop-
or fishing business.
                                                                  erty taxable by Oregon includes all real property located in 
A “family member” is a person within the third degree             Oregon, tangible personal property located in Oregon, and 
of relation, by blood, marriage, adoption, civil union, or        intangible personal property. Don’t include intangible per-
domestic partnership, to another person. Examples of per-         sonal property taxed by another state or another country as 
sons within the third degree of relation include the follow-      a result of the decedent’s death. Enter the combined value 
ing: parents, grandparents, great-grandparents, siblings,         of these assets on line 6. 
first cousins, children, grandchildren, great-grandchildren, 
                                                                  If the decedent was an Oregon resident and all assets were 
aunts, uncles, great-aunts, great-uncles, nieces, nephews, 
                                                                  located in Oregon, enter the gross estate amount from line 
great-nieces, and great nephews.
                                                                  1 on line 6.
Exemption computation                                             Nonresident decedent. For a nonresident decedent, prop-
The natural resource exemption equals the value of the            erty taxable by Oregon includes all real property located in 
natural resource property otherwise included in the federal       Oregon and tangible personal property located in Oregon. 
taxable estate. The natural resource property exemption           Enter the combined value of these assets on line 6.
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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 
                                                                the return. Any unused credit will carry forward and pass 
Line 8. Tax payable to Oregon                                   to the owner’s heirs.
Multiply Oregon estate tax on line 5 by the Oregon percent-     Repayment. If a timber harvest is conducted in the forest 
age on line 7 and enter the result.
                                                                conservation area before the restriction has expired, the 
Example:                                                        credit used must be repaid.

Line 1, gross estate = $1,450,000                               Line 12. Amount paid by the due date of the return
Line 2, deductions = $20,000
                                                                For an original Form OR-706, enter the total of prior timely 
Line 4, taxable estate = $1,430,000                             payments. For an amended return, enter the net payments 
Line 5, tax = $43,000                                           (total payments made minus any refunds we paid to the 
Line 6, gross value of assets located in Oregon = $800,000      estate) to date.
The prorated estate tax is computed as follows:                 Example: Estate tax payments made with the original return 
[Line 6 ÷line 1 = line 7 Oregon percentage] x line 5 = prorated = $105,000. Tax on the original return: $88,000. Original 
tax for line 8.                                                 refund paid to the estate: $17,000. 
[$800,000 ÷ $1,450,000 = 0.551724] x $43,000 = $23,724          $88,000 is the amount of your prior payments reduced by 
prorated tax, enter on line 8.                                  prior refunds ($105,000 − $17,000 = $88,000). Enter $88,000 
Line 9. Natural resource and commercial fishing                 on your amended return, line 12, as your net prior payments.

business credit                                                 Line 15. Penalty due
ORS 118.140 provides a natural resource or commercial fish-     A penalty of 5 percent of the tax will be imposed if the return 
ing business credit. You may elect to take all, part, or none   isn’t filed by the due date or by the extended filing date. A 
of this credit, for which you qualify. Natural resource prop-   penalty of 5 percent of the tax will be imposed if the tax isn’t 
erty is farm use and forestland, as defined in ORS 308A.056,    paid by the due date. If you have an Oregon Department of 
308A.250, and 321.201. Real property must be in Oregon          Revenue approved extension of time to pay, the tax must be 
[ORS 118.140(a)(L)]. The qualifying property also includes      paid by the extended payment date to avoid a penalty. Only 
property used in commercial fishing business operations         one 5 percent penalty will be assessed, the 5 percent late fil-
defined in ORS Chapter 508 and IRC Section 1301(b)(4). To 
                                                                ing penalty or the 5 percent late payment penalty. 
calculate the credit, see Schedule OR-NRC and instructions 
at  www.oregon.gov/dor.                                         If you file the tax return more than three months after the 
                                                                due date (including extension), add an additional 20 percent 
Important:    An estate can’t claim both the natural resource 
                                                                penalty, for a total of 25 percent penalty.
property exemption on line 3, and the natural resource credit 
on line 9, on the same Estate Transfer Tax Return.              Line 16. Interest due
Line 10. Forest Conservation Tax Credit                         Interest is charged on tax not paid by the due date of the 
Important: This credit is certified by the Oregon Depart-       return, excluding extensions. Interest will accrue during 
ment of Forestry (ODF). Visit www.oregon.gov/odf for more       the extension period. The interest rate may change once a 
detailed information.                                           calendar year. See ORS 305.222 for more information.
Senate Bill 1502 (2022) allows a tax credit to a small forest-  If you file or pay after the due date, calculate and pay interest on 
land owner who chooses to follow timber harvest restric-        any unpaid tax or on tax paid after the original due date. Inter-
tions applicable to a large forestland owner. Additionally,     est is calculated daily. Here’s how to calculate the interest due:
House Bill 2161 (2023) amends the tax credit to increase the         Tax  x  Daily interest rate  x  Number of days.
credit amount under certain conditions. 
                                                                            For periods 
To obtain the credit, a forest conservation area must be cre-
                                                                            beginning        Annual        Daily
ated and the standard practice harvest restrictions must be 
                                                                        January 1, 2024         8%         0.0219%
followed for 50 years. The owner must record an irrevocable 
deed restriction prohibiting a harvest in the forest conserva-          January 1, 2023         6%         0.0164%
tion area during that time.                                             January 1, 2022         4%         0.0110%
150-104-001-1 (Rev. 07-28-23)                          Page 6   of 11                           2023 Form OR-706 Instructions



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Additional interest on deficiencies and delinquencies.               150-800-005, with the tax return, or submit the POA form to 
Interest will increase by one-third of 1 percent per month           us separately. The POA form is available on our website at 
(4 percent yearly) on deficiencies or delinquencies if the           www.oregon.gov/dor/forms.
following occurs:

• You file a return showing tax due, or we assess an existing        Part 3: Elections by the executor
deficiency; and
• The assessment isn’t paid within 60 days after we issue the 
                                                                     Line 1. Alternate valuation
notice of assessment; and
• You haven’t filed a timely appeal with us.                         Refer to the federal Form 706 instructions for the alternate 
Exception to additional interest: If we approved your                valuation election. In the federal instructions, replace “IRS” 
request for extension of time to pay and you’re in compliance        with “Oregon Department of Revenue” and replace Form 706 
with the extension terms, the interest rate won’t increase by        with Oregon Form OR-706. Search for the current year federal 
4 percent per year.                                                  Form 706 and instructions  at  www.irs.gov/forms-pubs (if the 
                                                                     current year isn’t available, use the prior year’s form).
Special instructions. Do you owe a penalty on part 2, line 15 
or interest on line 16 and have an overpayment on line 14? If        Don’t complete the “Alternate valuation date” or “Alternate 
your overpayment is less than the total penalty and interest,        value” columns of any schedule unless the executor elected 
you have an amount due. To calculate the amount due, on line         alternate valuation under elections.
17 fill in the result of line 15 plus line 16 minus line 14. If your 
overpayment is more than the total penalty and interest, you         Line 2. Special use valuation of Section 2032A
have a refund. To calculate your refund, enter on line 18 the        Refer to the federal Form 706 instructions for special use val-
result of line 14 minus the sum of lines 15 and 16.
                                                                     uation of the Section 2032A election. In the federal instruc-
Line 17. Total due                                                   tions, replace “IRS” with “Oregon Department of Revenue” 
                                                                     and replace Form 706 with Oregon Form OR-706. Search 
Enclose a check or money order for the total amount due (tax 
                                                                     for the current year Form 706 and instructions  at  www.irs.
plus any applicable penalty and interest) with your return or 
                                                                     gov/forms-pubs (if the current year isn’t available, use the 
pay using Revenue Online. An online payment can only be 
                                                                     prior year’s form).
made if a filer has previously received correspondence and 
established an account number with us. If paying by mail,            Line 3. Reversionary or remainder interests
see Mailing addresses and payment instructions above.
                                                                     For details of this election, see IRC Section 6163 and the 
Don’t send cash or postdated checks. 
                                                                     related regulations.
Executor signature  
The executor who files the return must sign the return               Part 4: General information
under penalties of false swearing, per ORS 118.990. If  there’s 
more than one executor, all executors must provide their             Line 2. Surviving spouse
full name, title (such as personal representative, trustee, 
etc.), address, phone number, and SSN on an attached page.           Complete line 2 whether or not there is a surviving spouse 
It’s sufficient for only one executor to sign the return when        and whether or not the surviving spouse received any 
there’s more than one executor. All executors are responsible        benefits from the estate. If there was no surviving spouse 
for the return as filed and are liable for penalties provided        on the date of the decedent’s death, enter “None” on line 2a 
for willfully filing erroneous or false returns, per ORS             and leave lines 2b and 2c blank. The value entered on line 2c 
118.990. This also applies to amended returns.                       doesn’t need to be exact. See the instructions for “Amount” 
                                                                     under line 3.
All executors or authorized representatives must notify us in 
writing of any change of address or phone number.                    Line 3. Beneficiary information
If you paid a tax preparer to complete this tax return, the          Name
preparer must sign and date the return, and provide their            On line 3a, enter the name of each individual, trust, or estate 
identifying information.                                             who received or will receive benefits of $5,000 or more from 
Authorization                                                        the estate directly as an heir, next-of-kin, devisee, or legatee; 
                                                                     or indirectly (for example, as beneficiary of an annuity or 
If you want the tax return preparer to discuss this tax return       insurance policy, shareholder of a corporation, or an heir 
with us, check the box located between the signature line            that is a partner in a partnership, etc.).
for the executor and the preparer. This is a limited autho-
rization. If you want to authorize a person other than the           Note: If the estate has more than 7 beneficiaries, include a 
preparer, include a signed      Oregon Tax Information Authori-      free form continuation page and complete only those fields 
zation and Power of Attorney for Representation (POA) form,          relating to the beneficiaries.
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Identifying number                                              family holds the entire stock issued. As a result, little, if any, 
Enter the SSN of each individual beneficiary listed. If the     trading of the stock takes place. There is, therefore, no estab-
number is unknown, or the individual has no number,             lished market for the stock, and those sales that do occur 
indicate “unknown” or “none.” For trusts and other estates,     are at irregular intervals and seldom reflect all the elements 
enter the federal employer identification number (FEIN).        of a representative transaction as defined by the term “fair 
                                                                market value” (FMV).
Relationship
For each individual beneficiary, enter the relationship (if     Line 9. Trusts
known) to the decedent by reason of blood, marriage, or         If you answered “Yes” to either 9a or 9b, you must include 
adoption. For trust or estate beneficiaries, indicate TRUST or  a copy of the trust instrument for each trust. You must com-
ESTATE.                                                         plete Schedule G if you answered “Yes” to 9a and Schedule 
Amount                                                          F if you answered “Yes” to 9b.
Enter the value actually distributed (or to be distributed) 
to each beneficiary, including transfers during the dece-       Part 5: Recapitulation
dent’s life, from Schedule G. This value is required to be 
included in the gross estate. The value entered doesn’t need    Lines 501 through 510—gross estate: You must make an 
to be exact; a reasonable estimate is sufficient. For example,  entry on each line 501 through 509. If the gross estate doesn’t 
where precise values can’t readily be determined, as with       contain any assets of the type specified by the separate 
certain future interests, a reasonable approximation should     schedules, enter zero on that line. Entering zero on any lines 
be entered. The total of these distributions should approxi-    501 through 509 is a statement by the executor, made under 
mate the value of the gross estate reduced by funeral and       penalties of false swearing, that the gross estate doesn’t 
administrative expenses, debts and mortgages, bequests to       contain any includible assets covered by that line.
surviving spouse, charitable bequests, and any federal estate 
and state inheritance taxes paid (or payable) relating to the   Don’t enter any amounts in the “Alternate value” column 
benefits received by the beneficiaries listed on lines 2 and 3. unless you elected alternate valuation on elections by the 
All distributions of less than $5,000 to specific beneficiaries executor—part 3, line 1.
may be included with distributions to unascertainable ben-
                                                                If you elect alternate value, list amounts in both the alternate 
eficiaries on line 3b.
                                                                value column and value at date of death column. Per IRC 
Line 4. Section 2044 property                                   2032(c), the election must decrease the value of the gross 
                                                                estate and estate tax.
If you answered “Yes,” these assets must be shown on 
Schedule F.                                                     Schedules to include for lines 501 through 509. You must 
                                                                include:
Section 2044 property is property for which a previous 
Section 2056(b)(7) election (qualified terminable interest      • Schedules A, B, and C if the gross estate includes any real 
property, or QTIP election) has been made, or for which a          estate; stocks and bonds; or mortgages, notes, and cash, 
similar gift tax election (Section 2523) has been made. For        respectively.
more information, see the federal Form 706 instructions for     • Schedule D if the gross estate includes any life insurance 
Schedule F.                                                        or if you answered “Yes” to general information—part 4, 
                                                                   question 5.
Line 5. Insurance not included in the gross estate              • Schedule E if the gross estate contains any jointly owned 
If you checked “Yes” for either 5a or 5b, you must complete        property or if you answered “Yes” to general informa-
and include both Schedule D      and Form 712, Life Insurance      tion—part 4, question 6.
Statement, for each policy with an explanation of why the       • Schedule F must be filed with every tax return. Answer 
policy or its proceeds are not includible in the gross estate.     its questions, even if you report no assets on this schedule.
                                                                • Schedule G if the decedent made any of the lifetime trans-
Line 7. Partnership interests and stock in closely                 fers to be listed on that schedule or if you answered “Yes” 
held corporations                                                  to general information—part 4, question 8 or 9a.
                                                                • Schedule H if you answered “Yes” to part 4, question 10.
If you answered “Yes” to line 7, you must include full details 
                                                                • Schedule I if you answered “Yes” to part 4, question 11.
for partnerships and unincorporated businesses on Schedule 
F (Schedule E if the partnership interest is jointly owned).    Line 511. Conservation easement exclusion
You must include full details for the stock of inactive or 
closely held corporations on Schedule B.                        You must complete and include Schedule U (along with any 
                                                                required attachments) to claim the exclusion on this line.
Value these interests using the federal Regulations Section 
20.2031-2 (stocks) or 20.2031-3 (other business interests).     Lines 513 through 521. Deductions
A “closely held corporation” is a corporation whose shares      You must include schedules J, K, L, M, and O as applicable, 
are owned by a limited number of shareholders. Often, one       for the deductions you claim.
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Line 517                                                                4,500,000    5,500,000         367,500          11.5%
                                                                        5,500,000    6,500,000         482,500          12.0%
If line 516 is less than or equal to the value (at the time of the      6,500,000    7,500,000         602,500          13.0%
decedent’s death) of the property subject to claims, enter the          7,500,000    8,500,000         732,500          14.0%
amount from line 516 on line 517.                                       8,500,000    9,500,000         872,500          15.0%
If the amount on line 516 is more than the value of the prop-           9,500,000                      1,022,500        16.0%
erty subject to claims, enter the greater of (a) the value of the 
property subject to claims, or (b) the amount actually paid          Assembly and documentation required
at the time the return is filed.
Don’t enter more on line 517 than the amount on line 516.            Filing checklist for Form OR-706
See IRC Section 2053 and the related regulations for more            When you complete the return, assemble all the required 
information.                                                         pages together, without staples, in the following order:
Line 520. Marital deduction—Schedule M                               • Payment, if including with return. Don’t include a Form 
Oregon allows elections, including but not limited to Section           OR-706-V. 
2056—Bequests to surviving spouse. See ORS 118.010 and               • Form OR-706, pages 1, 2, and 3.
relevant rules for details and examples.                             • Federal Form 706 (if required to file with IRS).
                                                                     • Federal schedules in alphabetical order, with Forms 712 
If the estate claims a marital deduction or a QTIP deduction,           or 706-CE, if applicable.
complete and include an “Oregon-only” Schedule M. Iden-              • Oregon Schedule OR-OSMP, if applicable.
tify the specific property for the deduction.                        • Oregon Schedule OR-NRC, if applicable.
An estate may elect to claim an Oregon special marital prop-         • Copy of extension request, if applicable.
erty (OSMP) deduction. The OSMP deduction is allowed by              • Death certificate.
ORS 118.013 and 118.016. See ORS 118.010 and relevant rules          • Will.
                                                                     • Trust documents, if applicable.
for more detail and examples.
                                                                     • Powers of appointment document.
The Oregon estate transfer tax return for the second spouse          • A copy of the foreign country’s or other state’s Estate Tax 
to die must include any property previously claimed for the             Return if the estate is subject to estate tax in a foreign 
QTIP or OSMP deduction claimed on the Oregon estate or                  country or another state.
inheritance tax return for the first spouse to die. See ORS          • A copy of property inventory, schedule of liabilities, claims 
118.010 and relevant rules for details.                                 against the estate, and expenses of administration filed with 
                                                                        a foreign probate court, certified by an official of the court.
                                                                     • Expert valuations (for example: business value, personal 
Part 6: Tax table                                                       property value, etc.).
                                                                     • Independent fee appraisals for real property, wherever 
Compute your tax for part 2 line 5 by applying the rates                located, used to support reported value.
in the table below to the amount on part 2, line 4 (taxable 
estate).                                                             If the decedent was a U.S. citizen but not a resident of the 
                                                                     United States, you must include the following documents 
Example:                                                             with the return:
•  The taxable estate, part 2, line 4, is $1,700,000. 
•  Column 1, the taxable amount is equal to or more than             • A copy of property inventory, schedule of liabilities, claims 
$1,500,000.                                                             against the estate, and expenses of administration filed 
•  Column 2, the taxable amount is less than $2,500,000.                with the foreign court of probate jurisdiction, certified by 
•  Column 3, tax on the amount in column 1 is $50,000.                  a proper official of the court;
•  Column 4, tax rate of 10.25 percent; apply to the taxable         • A copy of the return filed under the foreign inheritance, 
estate amount which is more than the amount in column 1.                estate, legacy, succession tax, or other death tax act, certi-
•  $1,700,000 less $1,500,000 = $200,000 x 10.25% = $20,500             fied by a proper official of the foreign tax department, if 
plus $50,000 = $70,500 total tax.                                       the estate is subject to such a foreign tax; and
•  Enter your Oregon estate transfer tax on part 2, line 5.          • A photocopy of the will, if the decedent died testate.
                                                                     • Copies of final statements from all accounts for checking, 
Column 1            Column 2        Column 3     Column 4               saving, retirement, and other related accounts to support 
                                                 Tax rate on taxable    the amounts reported on Schedule B, C and G.
Taxable estate                      Tax on       estate amount more 
equal to or         Taxable estate  amount       than the amount in  Continuation schedules 
more than:          less than:      in column 1: column 1 (percent):
$ 1,000,000         $ 1,500,000     $0 10.0%                         If there isn’t enough space on a schedule to list all the items, 
1,500,000           2,500,000       50,000       10.25%              include a continuation schedule:
2,500,000           3,500,000       152,500      10.5%               • Number the items you list on each schedule, beginning 
3,500,000           4,500,000       257,500      11.0%                  with the number “1” each time.
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• Total the items listed on each schedule and its attachments,  Collateral required 
and any continuation schedules.                                 According to ORS 118.225 and corresponding rules, for us to 
• Enter the total of all schedules and continuation schedules   agree to an installment payment of tax, the following must 
at the bottom of each schedule.                                 occur:
• Don’t carry the totals forward from one schedule to the 
                                                                • Acceptable collateral must be provided. For real property, 
next.
                                                                   a first mortgage, having a value of double the extended 
• Enter the total for each schedule on part 5—recapitulation.
                                                                   tax. For personal property, a surety bond in double the 
Note: Processing delays may occur if you don’t provide the         amount of the extended tax, executed by a corporation 
required documents with your tax return.                           licensed to do business in the State of Oregon. The bond 
                                                                   must be renewed every five years.
                                                                • Executor is personally liable for payment of the tax to the 
What happens after you file the tax                                extent of the value of the property.
return?                                                         • Annual statements of account will be sent to the executor.
                                                                • If your payment isn’t made timely, the installment pay-
We’ll process your tax return in the order the returns are         ment arrangement is cancelled; a 5 percent late payment 
received. We may contact you for additional information or         penalty will be assessed; and the remaining liability of 
documentation in order to complete the processing of your          penalty, interest, and tax is due and owing immediately.
return.                                                         • Interest on the Oregon Estate Transfer tax accumulates 
                                                                   from the day after the due date of the original return, to 
Once the return is processed and the account is paid in full,      the date your payment is received. 
we’ll issue the Oregon estate tax receipt as required by ORS    • Oregon interest rates are shown in these instructions for 
118.250. The receipt will identify the estate and show the         part 2, line 16.
amount of tax, penalty, and interest paid to us. We’ll send 
a copy of the receipt to the authorized representative, if the  You don’t need to furnish the required mortgage or bond 
authorization box on part 2 of the form is checked, or if we    at the time you file Form OR-706. We will contact you and 
have an Oregon POA form on file for a representative.           work through the process of securing acceptable collateral.
The executor may request a discharge from personal liability    Important: The interest paid on installment payments          isn’t 
by completing the Oregon Form OR-706-DISC,      Request for     deductible as an administrative expense of the estate.
Discharge from Personal Liability, 150-104-005. This form must 
be filed separately from the Form OR-706.                       Survivor information
We have up to 18 months to respond to your request. During 
                                                                The following information is designed to help if you’re set-
our review your return may be selected for an audit. We’ll 
                                                                tling the finances of a deceased person. It’s not a complete 
issue the discharge after we have accepted the return and 
                                                                statement of laws or rules.
the account is paid in full. 
                                                                If you have questions after reading these instructions, see 
                                                                your attorney. Some of these matters are complex and you 
Installment payments                                            may need legal advice.

Does the estate include an interest in a closely held business? Definitions
Does the estate need to dispose of property for less than fair 
                                                                Beneficiary: One who will receive assets from an estate. The 
market value to pay the estate transfer tax? If you answered 
                                                                assets of an estate are distributed to beneficiaries after all 
yes to either one of these questions and the estate wishes 
                                                                taxes and expenses are paid. The assets may be distributed 
to pay the tax in installments under ORS 118.225, you must      under the terms of a will, or if there is no will, under the 
submit a request for extension of time to pay. We’ll issue a    provisions of state law. (Other terms: heirs at law, devisee, 
determination letter to inform the estate whether or not they   legatee, and claiming successor.)
qualified for installment payments under ORS 118.225. The 
number of payments can be up to 14 equal payments made          Decedent: A legal word for a person who has died.
up of annual interest and principal.                            Estate: All the property of the decedent. (See probate and small 
The portion of tax which doesn’t qualify for the installment    estate proceeding.) If an estate is probated, the court appoints 
plan must be paid by the original due date of the tax return.   a personal representative to be responsible for the property 
The first of 14 installment payments will begin once the        and finances of the estate. Any money the estate earns (such 
extended payment period is approved by us, the total tax is     as rental income or stock dividends) must be reported on Form 
                                                                OR-41, Oregon Fiduciary Income Tax Return, 150-101-041.
determined, and collateral has been provided by the estate; 
see collateral required below. Other payment arrangements       Executor: An executor is a personal representative, admin-
may be available for your estate under ORS 118.225.             istrator, trustee, fiduciary, or custodian of the property, or 
150-104-001-1 (Rev. 07-28-23)                         Page 10   of 11                            2023 Form OR-706 Instructions



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any person who has actual or constructive possession of the 
                                                                 Do you have questions or need help?
decedent’s property.
Fiduciary: An individual or legal group (such as a bank or 
corporation) that has financial responsibility for an estate or  Internet
a trust held for the benefit of others.
                                                                     www.oregon.gov/dor
Personal property: All property that isn’t real property, such 
                                                                 • Download forms, instructions, and publications.
as money, stocks, bonds, machinery, or equipment. A mobile 
                                                                 • Search FAQ.
home owned by the decedent, but located on rented or leased 
land is also personal property.
                                                                 Email
Personal representative: The executor, administrator, or 
anyone in charge of the decedent’s property. The surviv-         estate.help.dor@ dor.oregon.gov
ing spouse may or may not be the personal representative, 
depending on the will or the court appointment. The per-         This email address isn’t secure and confidentiality can’t be ensured. Gen-
sonal representative is also the estate’s fiduciary.             eral tax and policy questions only. We ask that professional tax preparers 
                                                                 and attorneys research questions before contacting us.
Probate: A formal court proceeding used when the dece-
dent held property solely in the decedent’s name. Probate 
settles the decedent’s finances and distributes the property     Correspondence
according to the will or state law. The probate court appoints 
a personal representative.                                       Estate Tax Unit, Business Division 
                                                                 Oregon Department of Revenue
Probate court: In Oregon, this is generally the circuit court.   PO Box 14110
In some cases it may be the county district court or the         Salem OR 97309-0910
county court.                                                    Fax: 503-945-8787, Estate Tax Unit
Real property: Real property is land and stationary build-
ings. For example, a residence or commercial building is         Phone  
real property.
                                                                 503-378-4988 or 800-356-4222
Small estate proceeding: A court procedure to transfer the title 
of solely owned property to heirs when the estate consists of:   Monday–Friday, 7:30 a.m.–5 p.m.
(a)   The fair market value of the estate is $275,000 or less;   Closed Thursdays from 9–11 a.m. Closed holidays.
(b)  No more than $75,000 of the fair market value of the        Wait times may vary.
   estate is attributable to personal property; and              Contact us for ADA accommodations or assistance in other 
(c)   No more than $200,000 of the fair market value of the      languages.
   estate is attributable to real property.
                                                                 In person 

                                                                 Find directions and hours on our website.  
                                                                   www.oregon.gov/dor.

150-104-001-1 (Rev. 07-28-23)                        Page 11     of 11                             2023 Form OR-706 Instructions






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