Dc Estate Tax Return Form D-76 & Form D-76 Ez - General Instructions (Page 2 of 4) in pdf

Dc Estate Tax Return Form D-76 & Form D-76 Ez - General Instructions Page 2

DC ESTATE TAX RETURN

Government of the

District of Columbia

FORM D-76 & FORM D-76 EZ

SPECIFIC INSTRUCTIONS

Assets reported on schedules A through H of the Federal Estate Tax Return generally have a taxable situs determined in accordance

with the following:

(a)

Real Property — The place where property is situated;

(b)

Tangible Personal Property — The place where the property is customarily located at the time of death.

(c)

Intangible Personal Property — The domicile of the decedent at the time of death, except that intangible personal property used

in a trade or business in DC has a taxable situs in the District. Examples of intangible personal property include bank accounts,

certificates of deposit, notes, securities and bonds. The physical location of these assets, unless used in a trade or business in the

District, is not controlling. They are taxable at the domicile of the decedent.

ADDITIONAL INFORMATION

(a)

Partnership Property — Treated as intangible personal property regardless of the character of the property; for example, real estate

held by a partnership is intangible personal property and is taxable at the decedent’s domicile.

(b)

Business Situs — Intangible personal property used in a trade or business in the District has a taxable situs in the District regardless

of the domicile of the owner.

(c)

Personal Trusts — Assets held in a personal trust have a taxable situs in accordance with the generally accepted situs rules. The

trust entity is disregarded for purposes of determining taxability.

(d)

Trustee — The residence or location of the trustee of a trust does not determine questions of the situs of the assets in the trust.

Revised 3/07

Dc Estate Tax Return Form D-76 & Form D-76 Ez - General Instructions Page 2