Fillable Form 17-106 - Inheritance Tax Return - Federal Estate Tax Credit (Page 2 of 2) in pdf

17-106 (Back)(Rev.5-02/12)

TEXAS INHERITANCE TAX RETURN – FEDERAL ESTATE TAX CREDIT

GENERAL INFORMATION

WHO MUST FILE – This return must be filed for the estate of every Texas decedent whose date of death was on or after September 1, 1983, if:

• a Federal Estate Tax return must be filed; and

• decedent was at the time of death a Texas resident, a non-resident with property taxable in Texas, or an alien with property taxable in

Texas.

DUE DATE – Returns are due and any tax liability is payable within nine (9) months from the date of death. Extensions of time to pay and file must

be requested from the State of Texas prior to the due date.

ATTACHMENTS REQUIRED –

• Federal Estate Tax Return (Federal Form 706)

• Copy of the federal extension request, along with IRS Form 4768. Furnish a copy of the approved extension when received.

• Copy of the death certificate.

NOTE: Appraisals are not required, but may be requested at a later date to process the Texas Inheritance Tax Return .

DEFINITION – "Domicile" for the purpose of this report means "that place where a person has a true, fixed and permanent home and principal

establishment and to which, whenever absent, one has the intention of returning."

Disclosure of your social security number is required and authorized under law, for the purpose of tax administration and identification of any individual

affected by applicable law. 42 U.S.C. sec. 405(c)(2)(C)(i); Tex. Gov't Code secs 403.011 and 403.078. Release of information on this form in response to a

public information request will be governed by the Public Information Act, Chapter 552, Government Code, and applicable federal law.

Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in

accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at

the address or toll-free number listed on this form.

SPECIFIC INSTRUCTIONS

Item 1 - A person does not have to be a United States citizen to be

Item 13 - If Item 11 and Item 12 are the same enter 100.0000%.

domiciled in Texas.

Otherwise, divide Item 11 by Item 12 and round to 4

places past the decimal (example 99.9999%).

Item 8 - NOTE: Be sure that you have taken credit for the $60,000

exclusion allowed in calculating the credit for state death

Item 16 - If any payments were made BEFORE the due date of the

taxes on your Federal Estate Tax Return.

return, enter the total amount paid. If any payments were

made AFTER the due date, deduct any applicable

Item 9 - Attach tax returns and substantiate all payments to other

penalties and late payment interest from the amount paid

states.

and enter the difference. (Calculate interest on the

amount of tax due from the due date until date of the

Item 11 - "PROPERTY TAXABLE IN TEXAS" of a Texas resident

payment.) Penalties will apply if payments are not made

includes real property and oil and gas interests located in

timely.

this state whether or not held in trust; tangible personal

• If a payment is insufficient to cover the total amount due,

property having an actual situs in this state and all

then the payment will be applied first against penalties

intangible personal property, wherever the notes, bonds,

due, then interest and then to the payment of tax.

stock certificates or other evidence, if any, of the intangible

personal property may be physically located or wherever

Item 19 - Late payment interest is due on the "Net amount of tax

the banks or other debtors of the decedent may be located

due" (Item 17). An extension of time to pay does not

or domiciled. A partnership interest is also an intangible

relieve the payment of interest.

asset regardless of where the physical assets of the

partnership are located. Real property in a personal trust is

Interest rates: 10% per annum simple interest for due

not taxed if the real property is located outside of this

dates prior to September 1, 1991; 12% compounded

state. Texas residents should circle the item number to

monthly for due dates on or after September 1, 1991

identify any out-of-state property on the Federal Form 706.

through December 31, 1993; 12% per annum simple

interest from January 1, 1994 through December 31, 1999

"PROPERTY TAXABLE IN TEXAS" of a non-resident

on all outstanding tax balances.

includes real property and oil and gas interests located in

this state, whether or not held in trust, and tangible

Due dates on or after January 1, 2000, interest

personal property having an actual situs in this state.

is calculated at the rate available on-line at

Intangibles of a non-resident are not taxable in this state.

< >, or toll free at

Circle the item number to identify the Texas property on

1-877-44RATE4.

the Federal Form 706.

SECTION V - SIGNATURES

"PROPERTY TAXABLE IN TEXAS" of an alien includes

• Returns must have the name, address and signature of

real property and oil and gas interests located in this state

all personal representatives of the estate AND the

whether or not held in trust, tangible personal property

person preparing the return if other than a personal

having an actual situs in this state, and intangible personal

representative.

property if the physical evidence of the property is located

• The executor or administrator of an estate is legally

within this state or if the property is directly or indirectly

responsible for filing returns and paying all taxes.

subject to the protection, preservation, or regulation under

the laws of this state, to the extent that the property is

included in the decedent's gross estate. Circle the item

number to identify Texas property on the Federal Form

706.

Form 17-106 - Inheritance Tax Return - Federal Estate Tax Credit Page 2

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