Estate Tax Form 2 - Ohio Estate Tax Return For All Resident Filings For Dates Of Death Page 9
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12Estimated payments
An estimated payment can be made prior to the filing of the estate tax return, by using an ET
(Section 5731.23)
Form 17. This payment will stop the accrual of interest on the amount of tax paid.
Estimated payments are collected in the same manner as stated on page 6 in When and
Where to Pay. If the tax ultimately assessed is more than the estimated payment, interest on
the excess will accrue nine months from decedent’s date of death. If the tax ultimately as-
sessed is less than the estimated payment, the estate may be eligible for a refund.
Penalties
Failure to timely file the estate tax return (determined with regard to any approved extension)
results in a penalty assessment.
(Section 5731.22)
The penalty is five (5) percent per month or any fraction of a month, not to exceed twenty-five
(25) percent of the tax as finally determined. Interest does not accrue on penalty assess-
ments.
Nonresident estates
The estate of a nonresident decedent must file ET Forms 2 and 4 if the decedent owned the
(Section 5731.19)
following types of property: real property situated in Ohio; tangible personal property having an
actual situs in Ohio; and intangible personal property employed in carrying on a business
within Ohio (unless exempted under Section 5731.34). The filing requirements are the same
as for a resident decedent, except the return may be filed directly with the county probate
court where the Ohio property is located.
Distribution of tax
For dates of death Jan. 1, 2002–Dec. 31, 2012, eighty (80) percent of the tax is distributed to
the municipal corporation, village or township in which the tax originates and twenty (20)
(Sections 5731.48 and
percent to the state of Ohio.
5731.50)
Marital deduction
A marital deduction may be taken for certain property interests that pass from the decedent to
(Section 5731.15)
the surviving spouse. Property interests that should be listed include the following: (1) survivor
of tenancy by the entirety or joint tenancy; (2) appointee under decedent’s exercise of a
power; (3) statutory interests passing to a spouse as a result of a right of election to take
against the will; and (4) bequests from decedent pursuant to will.
Property interests that should not be listed include: (1) property that does not pass from
decedent to surviving spouse; (2) qualified terminable interests for which QTIP election is not
made; and (3) property that has been disclaimed by a surviving spouse under O.R.C. Section
1339.68.
Additional tax
An additional tax is due when the federal state death tax credit exceeds the Ohio tax paid. If
(Sections 5731.18,
an estate (resident or nonresident) falls into the federal estate tax category, ET Forms 3 or 3N
(Additional Tax Returns) may be required to be filed. The return and payment are due sixty
5731.19 and 5731.24) –
(60) days after the date of the final determination of the federal estate tax liability (closing
Repealed*
letter or equivalent as issued by the IRS). The additional tax shall be paid, without notice or
demand by the tax commissioner, with the return, and shall be filed and paid in the same
manner as the estate tax, except that interest begins to accrue sixty (60) days after the date
of the final determination of the federal estate tax liability.
*Repealed for all estates with a date of death on or after July 1, 2005. See page 9 for
a detailed explanation.
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