Instructions For Form It-1 - Inheritance Tax - 2011
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19Oregon 2011
Form IT-1 and Instructions
Inheritance Tax
This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and Oregon Department of Revenue
Administrative Rules (OAR). For more information, refer to the laws and rules on our website,
Registered Domestic Partner. On Form IT-1, page 2, part 4,
New information
check the box for Domestic Partner.
Prepare and attach only the necessary schedules as though
2011 filing requirement
the decedent was married at the time of death.
The 2011 Oregon Form IT-1 is required to be filed by an
Gross estate
estate if the gross value of the estate assets determined on
the date of death is $1 million or greater.
The gross estate of the decedent is the true cash value of all
All references to schedules in these instructions are to Form
real and personal property, tangible or intangible, as of the
706 schedules unless otherwise designated. You will report
date of death, wherever situated.
the estate assets and deductions on these schedules and
Executor
attach them to your Oregon Form IT-1.
According to ORS 118.005, the definition of “executor” is the
Important information for deaths in 2012
executor, administrator, personal representative, fiduciary,
New Oregon estate tax laws will go into effect for deaths that
or custodian of property of the decedent. For probate estates,
occur on or after January 1, 2012. You can find these changes
the personal representative appointed or approved by the
in 2011 Oregon House Bill (HB) 2541; to read HB 2541, go to
court has the duty to file the return. For non-probate estates,
Form OR-706, Oregon Estate
any person having actual or constructive possession of the
Tax return, should be available by September 1, 2012. The
property of the decedent is responsible for filing the return.
2012 filing threshold will be $1 million gross estate valued
If two or more persons are liable for filing a return, they
on the date of death.
should all join together in filing one complete return.
However, if they are unable to join in making one complete
Overview
return, each is required to file a return disclosing all the
information the person has in the case, including the name
of every person holding an interest in the property and a full
Purpose of Form IT-1
description of the property. If the appointed, qualified, and
The executor of a decedent’s estate uses Oregon Inheritance
acting executor is unable to make a complete return, then
Tax Return (Form IT-1) to figure the estate tax imposed by
every person holding an interest in the property must, on
ORS Chapter 118. This transfer tax is levied on the entire
notice from us, make a return regarding that interest.
taxable estate, not just on the share received by a particular
beneficiary. If the estate has assets outside of Oregon, you
will prorate the tax on part 2, line 16. Section references are
Contents
to the Internal Revenue Code as it existed on December 31,
2000.
New information .............................................................1
Filing requirements
Overview and filing requirements ................................1
Form IT-1 must be filed for dates of death on or after January
Part 1: Decedent and executor information .................3
1, 2006, including a death in 2011, if the value of the gross
estate at the date of death is $1 million or more. If the estate
Part 2: Tax computation ..................................................3
has assets located in another state, we apportion the tax, on
Part 3: Elections by the executor ...................................9
part 2, line 16.
The filing requirements for the estate to file a 2011 Form
Part 4: General information .........................................14
IT-1 are different from federal Form 706 filing requirements.
Part 5: Recapitulation ....................................................15
Oregon requires the same forms, schedules, and support-
ing information (such as photocopy of death certificate,
Part 6: Signatures ...........................................................15
Form 712, will, trust, appraisals, etc.) that would have been
Taxpayer assistance .......................................................16
required if the estate had filed a federal return.
There are special filing requirements for Oregon Registered
Form IT-1, Inheritance Tax Return .................................17
Domestic Partners. Throughout these instructions you
may replace “surviving spouse” with surviving Oregon
150-103-001 (Rev. 08-11)
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