Form Au-101-C - Legacy, Succession And Estates Trust Report Page 2
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1
2FORM
NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION
AU-101-C
LEGACY, SUCCESSION AND ESTATES
Instructions
TRUST REPORT
INSTRUCTIONS
WHO MUST
The successor trustee or beneficiary must file a report of all assets transferred through a trust.
FILE
WHEN TO
Form AU-101-C must be filed within six (6) months from date of the decedent's death or within six (6) months of when the petition for
FILE
administration is filed with the probate court, whichever is later.
WHERE TO
Mail a copy of the trust report and a copy of the complete trust to the Department of Revenue Administration.
FILE
NH Dept of Revenue Administration
Audit Division
PO Box 457
Concord NH
03302-0457
FACSIMILE FORMS ARE NOT ACCEPTED
STEP 1
Type or print the name of the decedent, the decedent's social security number and the date of death and domicile at date of death. Type or
print the trustee's name and address.
STEP 2
Check the appropriate box to indicate whether this is an initial or amended filing.
STEP 3
List all trust property, the trustee, beneficiary or successor trustee name, relationship to the decedent and the property value at date of
death.
Indicate if you are required to file either or both a New Hampshire Legacy & Succession Tax return or Estate Tax return by marking yes or
STEP 4
no in the proper box. See both "who must file" sections below.
STEP 5
This form must be signed in ink and dated by the trustee or the successor trustee of the trust. If completed by a paid preparer the preparer
must also sign in ink and date the form.
WHO MUST
The executor or administrator must file a LEGACY and SUCCESSION TAX RETURN for the estate of a decedent if a tax liability occurs. A
FILE A
tax liability occurs when a bequest, joint transfer, trust, transfer within two years of death or the rest and residue is granted to a taxable
LEGACY
legatee. You are only required to file a Form DP-145 tax return if there is a taxable legatee(s) or heir(s). The following table lists
AND
taxable and non-taxable legatees or heirs:
SUCCESSION
NON-TAXABLE LEGATEES/HEIRS-AT-LAW
TAXABLE LEGATEES/HEIRS-AT-LAW
TAX RETURN
Mother/Father
Brother/Sister
Grandmother/Grandfather
Aunt/Uncle
Son/Daughter
Niece/Nephew
Stepson/Stepdaughter (current marriage)
Cousin
Legally Adopted Son/Legally Adopted Daughter
Mother-in-Law/Father-in-Law
(before reaching the age of majority)
Daughter-in-Law/Son-in-Law (if remarried)
Husband/Wife
Divorced Wife/Divorced Husband
Common Law Spouse (decreed under RSA 457:39)
Non-Blood Relative
Grandson/Granddaughter
Friends
Step grandson/Step granddaughter (current marriage)
Neighbors
Step great grandson/Step great granddaughter
Anyone Not Listed in the Non-Taxable Column
(current marriage)
Daughter-in-Law/Son-in-Law (if not remarried)
Care of cemetery lot in NH
City or Town for public, municipal purposes
Public Charities [IRS 501 C (3)]
Child living in homestead for 10 consecutive years
prior to his/her 15th birthday
Refer to RSA 86:6 for further clarification
The executor or administrator must file a Form NH-706 Estate Tax Return if:
WHO MUST
A resident decedent has a total gross estate of $600,000 or more, prior to and through 1997, and files a Federal Form 706; or a resident
FILE AN
decedent has a total gross estate of $625,000 or more through 1998 and files a Federal Form 706 (See chart below for other years); or a
ESTATE
non-resident decedent owns real estate and/or tangible personal property in NH and files a Federal Form 706.
TAX
RETURN
Calendar Year
Credit Amount
Calendar Year
Credit Amount
IRC Section: 2035
1998
$
625,000
2002 & 2003
$
700,000
Effective Date 8/5/97
1999
$
650,000
2004
$
850,000
RSA 87:1
2000
$
675,000
2005
$
950,000
2001
$
675,000
2006
$ 1,000,000
NEED
Call the New Hampshire Department of Revenue Administration, Audit Division at (603) 271-2580, Monday through Friday, 8:00 am -
HELP
4:30 pm. All written correspondence to the Department should include the name of the estate, federal employer identification number
or social security number, the name of the contact person, and a day time telephone number.
NEED
To obtain additional forms or forms not contained in this booklet, please call (603) 271-2192. Copies of the state tax forms may also
be obtained from our web site at , by coming to the Department of Revenue Administration, 45 Chenell
FORMS
Drive, Concord, NH 03301or by visiting any of the 21 State Depository Libraries located throughout the State.
AU-101-C
Instructions
Rev. 12/00
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