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of such gift in the computation of the gift tax or the amount of

SCHEDULE II-PRELIMINARY DISTRI-BUTION AND CAL-

inheritance tax imposed on the gift, whichever is less.

CULATION OF USUFRUCT

15) Special bequest by testament-Report the amount of any spe-

7) Annuities-Report the value of the decedent's interest in any

cific inheritance or legacy made by testament to a legatee.

annuity. In describing the annuity, the name of the grantor

should be given or, if payable out of a trust or other fund, describe

16) Portion inherited by spouse-Report on this line and on Sched-

as such. If payable for a number of years, provide the term of the

ule III the amount of any inheritance received by the surviving

annuity and the date on which it began. No tax is due on any

spouse.

retirement, pension or profit-sharing plan qualified under the

Internal Revenue Code, Sections 401 or 408, under which an

17) Portion subject to usufruct-Report the value, if any, of the

annuity is payable to the decedent or the decedent possessed the

properties included on Line 14 of each column that are subject

right to receive payment either alone or in conjunction with

to usufruct. Usufructs created by Articles 890, 891, and 2434 of

another for his life.

the Louisiana Civil Code are nontaxable.

8) Total separate and community assets-Enter the sum of Lines

18) Value of usufruct-Enter the age of the usufructuary at the time

1 through 7 in each column.

of the decedent's death in the available blank on Line 19.

Compute the value of the usufruct by using the usufructuary's

9) Funeral expenses-Report the total of all funeral expenses attrib-

age to determine the present value of the usufruct as shown in

utable to Louisiana. However, any prepaid funeral expenses, or

Table I on Page 2. Multiply the values shown in each column on

expenses covered by burial insurance policies are not deductible.

Line 17 by the factor found in Table I and enter the product in the

appropriate columns on Line 18.

10) Administrative expenses and attorney fees-

Report the total of all expenses of administration and attorney

19) Net estate less usufruct-Subtract Line 18 from Line 14 to obtain

fees attributable to Louisiana. These expenses and fees consti-

the value of the net estate less any legal usufructs.

tute a separate debt and are generally fully deductible.

20) Net estate to be distributed under Schedule III-Add the

11) Debts of decedent-Report the total portion of valid debts of the

amounts in Columns 1 and 2 on Line 19 to obtain the net estate

decedent attributable to Louisiana and owed by the decedent at

to be distributed.

the time of death. The debts are to be itemized in the descriptive

list or reported on a separate list. Any indebtedness secured by

SCHEDULE III-DETERMINATION OF LOUISIANA INHER-

a mortgage or other lien on property of the gross estate should be

ITANCE TAX

listed separately on Line 12.

Names and social security numbers of heirs or legatees- List the

full names and furnish the social security numbers of each heir or

Debts of the decedent include expenses incidental to the last

legatee.

illness of the decedent that were due and unpaid at the time of

death (can be shown as net after anticipated insurance reim-

Addresses of heirs or legatees-Furnish the complete address of each

bursement), property taxes accrued prior to the date of the

heir or legatee.

decedent's death, notes unsecured by a mortgage or other lien,

Relationship, if any-State the relationship of each heir or legatee to

and any income taxes accrued and unpaid at date of death. If a

the decedent at the time of the decedent's death. Provide the line of

community regime existed at the time of death, these debts are

relationship; for example, daughter, stepson, brother, niece (sister's

considered community debts and are only one-half deductible.

child), sister-in-law (wife of brother or sister of husband), half-

brother (paternal).

12) Mortgages and liens-Report the total portion of obligations

secured by mortgages and other liens upon Louisiana property

Value of inheritance-Amount shown should represent the value of

included in the gross estate at the full value for which the

each heir or legatee's portion of the estate being distributed. Total

decedent's estate is liable. Notes and other obligations se-cured

amount of values listed should equal Schedule II, Line 20.

by deposit of collateral, such as stocks and bonds, should also be

included on this line.

Less exemption-Enter the amount of exemption to which each heir

or legatee is entitled. These amounts are shown in Table II based on

Real estate encumbered with a mortgage that exceeds 50 percent

the relationship each had to the decedent at time of death.

of the value is subject to an additional deduction equal to 20

percent of the encumbrance. However, the mortgage plus addi-

Taxable value-Subtract the amount of the exemption from the value

tional deduction cannot exceed the value of the real estate so

of inheritance shown in the previous column and enter the result in

encumbered.

this column.

13) Total deductions-Total Lines 9 through 12 in each column.

Tax rate-Using Table II, locate the appropriate rates for each heir or

legatee based on the relationship each had to the decedent at time of

14) Net estate-Subtract Line 13 from Line 8 in each column.

death.

Form R-3318a - Instructions For Completing The Louisiana Inheritance And Estate Transfer Tax Return Page 3

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