Form It-1 And Instructions - Inheritance Tax

the property. If the appointed, qualified, and acting execu-

be obtained on our Web site at or

tor is unable to make a complete return, then every person

you may contact us to have it mailed to you. To contact us,

holding an interest in the property must, on notice from the

please see “Taxpayer assistance.”

department, make a return regarding that interest.

If you need an extension for Oregon only, you may write at

the top of the federal Form 4768 “for Oregon only.” Please

When to file return

indicate which type of extension you need, use the Oregon

figures, and file the request before the due date. We will con-

You must file Form IT-1 within nine months after the date

tact you only if the request has not been accepted.

of the decedent’s death, unless you receive an extension of

time to file.

You may apply for an additional extension of time to pay or

an installment payment agreement. If an additional exten-

Payment

sion of time to pay is granted, the tax must be secured by

collateral acceptable to the Oregon Department of Revenue.

The tax payment is due within nine months after the date

You do not need to furnish the required mortgage or bond

of the decedent’s death, unless an extension of time for pay-

at the time you file Form IT-1. The department will contact

ment has been granted, or you have been granted an install-

you and you will be given the opportunity to furnish the

ment payment agreement.

mortgage or bond.

If the tax paid with the return is different from the balance

due as shown on the return, explain the difference in an at-

Signature and verification

tached statement. If an extension of time to pay has been

If there is more than one executor, all listed executors must

granted by the IRS, attach a copy of the approved Form 4768

verify and sign the return. All executors are responsible for

to Form IT-1.

the return as filed and are liable for penalties provided for

Make the check payable to the Oregon Department of Rev-

erroneous or false returns per ORS 118.990.

enue. Please enclose a completed Form IT-V, Oregon Inherit-

ance Tax Payment Voucher, to assist us in posting it to the

Amended returns

proper account. Form IT-V is available on our Web site at

Did you amend the federal estate tax return, or did the IRS

make an adjustment that results in a change in the amount

• Enclose your check and payment voucher with your re-

of tax? If yes, it is the duty of the executor or other respon-

turn before mailing.

sible person to file an amended Oregon return or notify the

• Enclose your check with your payment voucher by the due

Oregon Department of Revenue of the change in writing

date of the return to avoid penalty and interest.

within 90 days.

• Enclose your check with your payment voucher if you

want to make prepayments.

Supplemental documents

Payments received after the due date, shall be applied first

You must attach the death certificate to the return. If the

to penalty and interest, and then to tax.

decedent was a citizen or resident and died testate, attach a

certified copy of the will to the return. If you cannot obtain

Extensions

a certified copy, attach a copy of the will and an explanation

If you received a federal extension, attach a copy of Form

of why it is not certified.

4768 (Application for Extension of Time to File a Return and/or

Other supplemental documents may be required to be at-

Pay U.S. Estate and Generation-Skipping Transfer Taxes) to Form

tached to the return. Examples include Forms 712, 709, 709-

IT-1 and mark the extension box on the Form IT-1. An ex-

A, and 706-CE, trust and power of appointment instruments.

tension of time to file an estate tax return, or an extension

If you do not file these documents with the return, the pro-

of time to pay estate tax will be accepted for Oregon, as

cessing of the return will be delayed.

granted by the Internal Revenue Service.

If the decedent was a U.S. citizen but not a resident of the

More than one extension is available for an inheritance tax

United States, you must attach the following documents to

return.

the return:

• An extension of time to file the return does not extend

• A copy of the inventory of property and the schedule of

the time to pay the tax. You must have obtained a sepa-

liabilities, claims against the estate, and expenses of ad-

rate, approved extension to extend the time to pay the tax.

ministration filed with the foreign court of probate juris-

• An extension of time to pay the tax does not extend the

diction, certified by a proper official of the court;

time to file the return. You must have obtained a separate,

• A copy of the return filed under the foreign inheritance,

approved extension to extend the time to file the return.

estate, legacy, succession tax, or other death tax act, certi-

• Interest accrues during the extension period.

fied by a proper official of the foreign tax department, if

To avoid penalties and interest, use the new Form IT-V to

the estate is subject to such a foreign tax; and

make an extension payment by the due date. This form can

• If the decedent died testate, a certified copy of the will.

Have questions? See “Taxpayer assistance.”

Form It-1 And Instructions - Inheritance Tax - 2004 Page 2

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