Form R-3318a - Instructions For Completing The Louisiana Inheritance And Estate Transfer Tax Return

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R-3318A (4/94)
INSTRUCTIONS
FOR COMPLETING THE LOUISIANA INHERITANCE AND
ESTATE TRANSFER TAX RETURN (R-3318)
GENERAL INFORMATION
To facilitate the prompt and proper handling of the return, all
INTEREST
applicable lines and schedules must be completed. All documents
Inheritance tax-Interest is due on unpaid taxes at the rate of 0.5
required by Article 2951 of the Louisiana Code of Civil Procedure
percent per month after nine months from the date of death, increas-
must be attached. These documents are: a copy of the petition for
ing to 1 percent per month after 12 months from the death of the
possession, an affidavit of death and heirship, an inventory or sworn
decedent (LSA-R.S.47:2420 A).
descriptive list, a copy of the federal estate tax return (when it is
required to be filed), and a copy of the will, if any.
Estate transfer tax-No interest is charged.
Failure to complete the lines or attach the appropriate documents will
VALUATION OF ESTATE
delay acceptance of the return.
The value of the decedent's interest in items listed for the estate is the
fair market value as of the date of death, unless an alternate valuation
REQUIREMENTS FOR FILING RETURNS
date is elected. An election can be made of an alternate valuation date
Inheritance tax-An inheritance tax return must be prepared and filed
of up to six months from the date of death when the inheritance tax
for each succession, by or on behalf of all the heirs or legatees, in
return is filed. Once the election of a valuation date is made, it cannot
every case where inheritance tax is due or the value of the deceased's
be revoked (LSA-R.S. 47:2403 D).
estate is $15,000 or more (LSA-R.S. 47:2425 B).
FEDERAL TAX ADJUSTMENTS
Estate transfer tax-An estate transfer tax return must be prepared
Any change or adjustment in the United States Estate Tax Return
and filed for each succession, by or on behalf of all the heirs or
resulting in additional taxes due to Louisiana should be reported and
legatees, in every case where estate transfer tax is due or the value of
paid 30 days after final approval of the United States Estate Tax
the deceased's net estate is $60,000 or more (LSA-R.S.47:2436 A).
Return (LSA-R.S. 47:2432 C).
TIME AND PLACE FOR FILING RETURNS
PROPERTY SUBJECT TO TAX
Inheritance tax-An original inheritance tax return is to be filed in the
Inheritance tax-In general, inheritance tax is imposed upon all
succession record. A signed duplicate original accompanied by
property received by inheritance, legacy, or any donation or gift made
copies of the documents required in Louisiana Code of Civil Proce-
in contemplation of death. This includes real or personal property,
dure Article 2951 should be mailed to the Department of Revenue and
any right or interest therein, or any income received therefrom,
Taxation within nine months after the death of the decedent (LSA-
subject to tax under the Louisiana Inher-itance Tax Law and under the
R.S. 47:2425 B). If the due date falls on a weekend or holiday, the
Louisiana and United States Constitutions (LSA-R.S. 47:2401, 2404
return is due on the next business day and becomes delinquent the
A).
first day thereafter.
Residents-The estate of a Louisiana resident/domicilary consists of
Estate transfer tax-The estate transfer tax is due and payable prior
any property owned by the decedent in whole or in part, including all
to the filing of the United States Estate Tax Return or nine months
immovable property located within Louisiana and all movable prop-
after the death of the decedent, whichever comes first (LSA-R.S.
erty, tangible or intangible, wherever it is situated.
47:2436 B). If the due date falls on a weekend or holiday, the return is
due on the next business day and becomes delinquent the first day
Nonresidents-The estate of a nonresident of Louisiana includes all of
thereafter.
the immovable property and all tangible movable property physically
located within Louisiana. A deduction for expenses and debts di-
The return, accompanying documents, and check should be mailed
rectly attributable to Louisiana is allowed.
to: Inheritance Tax Section, Department of Revenue and Taxation,
Post Office Box 201, Baton Rouge, LA 70821-0201, or delivered to
Estate transfer tax-All Louisiana assets included in the federal
any office of the Department of Revenue and Taxation.
gross estate on the United States Estate Tax Return, regardless of
their taxability for Louisiana inheritance tax, are used in calculating
EXTENSION OF TIME FOR FILING RETURN
the ratio for determination of the estate transfer tax (LSA-R.S.47:2431).
For deaths occurring on or after January 1, 1986, an extension granted
by the Internal Revenue Service for the filing of the United States
SIGNATURE AND VERIFICATION
Estate Tax Return for the same decedent may be accepted as an
If the succession is not under administration, the return should be
extension to file the Louisiana inheritance tax return. In the absence
verified and signed by all heirs or the attorney handling the succes-
of a federal extension, a Louisiana extension may be granted for a
sion. If the succession is under administration, it should be signed by
period not to exceed 15 months from date of death; if it is determined
the administrator, executor, or all, if more than one is administering
there is good and reasonable cause (LSA-R.S. 47:2417, 2420 C).
the succession (LSA-R.S. 47:2425 A).

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