Ohio Ohio Estate Tax Return and Instructions for Dates of Death on or After July 1, 1993

Ohio Estate Tax Return and Instructions for Dates of Death on or After July 1, 1993
ET Return_6600_062311.indd
Ohio I

Department of
Taxation
P.O. Box 183050
Columbus, OH 43218-3050

OHIO ESTATE TAX
RETURN
AND

INSTRUCTIONS

For dates of death January 1, 2001–December 31, 2001.
Revised 1/01

For completing the Ohio Estate Tax Return for estates with dates of
death January 1, 2001–December 31, 2001 please review the following:

First: Read the General Information Section located on pages 18 and 19 for
instructions.
Then: Complete only the applicable schedules of the return, which are on
pages 4 through 17.

When you are finished:

First: Check your computation.
Then: Follow the instructions in the General Information Section, page 18, for
where to file and pay.

Note: Estates with dates of death PRIOR to January 1, 2001 must file an Ohio
Estate Tax Form 2, Revised 3/2000.

For further information, please contact the Estate Tax Unit’s
toll-free information and assistance line
at
1 (800) 977-7711

(

Ohio Relay Service
1 (800) 750-0750

)

Reset Form
Estate Tax Form 2
Rev. 1/01

Ohio Estate Tax Return for all Resident Filings
for Dates of Death January 1, 2001–December 31, 2001
File in Duplicate with the Probate Court
Check one:  Taxable
 Nontaxable
Estate of: Decedent’s last name

Decedent’s first name and initial

Date of death

Date of birth

Cause of death

Occupation
Decedent retired Yes  No 

Address of decedent at time of death (number and street, city, state and ZIP code)

Decedent’s social security number

County in Ohio in which probate court located, where will probated or estate administered

Case number

Tax Computation
1. Total gross estate (from page 2)

$

2. Total deductions (from page 2)

$ (

)

3. Net taxable estate (line 1 minus line 2)

$

4. Tentative tax based on line 3 (use table on page 2)

$

5. Less: Estate tax credit

$ (

6,600.00

)

6. Tax (line 4 minus line 5)

$

7. Less: Previous payments

$ (

)

8. Balance due (if amount on line 7 is less than tax amount on line 6, enter difference as balance due)

$

9. Overpayment (if amount on line 7 is greater than tax amount on line 6, enter difference as a refund)

$ (

)

Executor/Administrator Waiver to Receive Correspondence
I/we do not wish to receive further correspondence from the Ohio Department of Taxation regarding this estate, and hereby authorize
all such communication to be directed only to the estate’s legal representative named below.

Signature of Executor/Administrator

Declaration
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best
of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the deceased’s personal representative
or person in possession of property is based on all information of which preparer has any knowledge.
Name of attorney representing the estate

Address (number and street, city, state and ZIP code)

Telephone number

Name of executor/administrator(s)

Address (number and street, city, state and zip code)

Telephone number

Signature of executor/administrator(s)

Date

Date

Date Filed with Probate Court

Signature of preparer

Distribution of Subdivision’s Share of Tax
(Section 5731.48 & 5731.50 O.R.C.)
Percentage

City, Village or Township

-1-

Date Received by Ohio
Department of Taxation

Recapitulation of Assets
Schedule

A.
B.
C.
D.
E.

Value at
Date of Death

Alternate Value

Real property.............................................................
Stocks and bonds .....................................................
Mortgages, notes and cash .......................................
Insurance ..................................................................
See Schedule E, Part I .............................................
Joint and Survivorship Property, Part II .....................
Other miscellaneous property ...................................
Transfers during lifetime ............................................
Powers of appointment .............................................
Annuities, pensions, retirement plans .......................

$

$

Total gross estate (enter on line 1, page 1)................

$

$

F.
G.
H.
I.

Recapitulation of Deductions
Schedule

Amount

J. Debts and administration expenses ................................................................................

$

K. Charitable bequests ........................................................................................................
L. Marital deduction .............................................................................................................
T. Qualified family-owned business interest deduction .......................................................
Total deductions (enter on line 2, page 1) ........................................................................

$

Elections by the Executor
Please check the “yes” or “no” box for each question. (See explanation of elections on pages 20 and 21.)

Yes

1. Do you elect alternate valuation? O.R.C. Section 5731.01(A) and (D) ..................................................
2. Do you elect qualified farm property valuation? O.R.C. Section 5731.011 ............................................
3. Do you elect to claim a marital deduction for qualified terminable interest property (QTIP)?
O.R.C. Section 5731.15(B)(2) ................................................................................................................
4. Do you elect to claim a deduction for a qualified family-owned business interest?
O.R.C. Section 5731.20 .........................................................................................................................

Tax Table
Tax Rate

Net Taxable Estate (from line 3, page 1)
Not more than $40,000

2% of taxable estate

More than $40,000 but not more than $100,000

$800 + 3% of excess more than $40,000

More than $100,000 but not more than $200,000

$2,600 + 4% of excess more than $100,000

More than $200,000 but not more than $300,000

$6,600 + 5% of excess more than $200,000

More than $300,000 but not more than $500,000

$11,600 + 6% of excess more than $300,000

More than $500,000

$23,600 + 7% of excess more than $500,000
-2-

No

Information
Yes

No

Yes

No

1. Did the decedent die testate? ...............................................................................................................
If “yes,” please attach a copy of the will.
2. During the decedent’s lifetime, were there any trusts created (by the decedent or others for the decedent)? ..
If “yes,” please attach a copy of the trust.
3. Were any disclaimers filed or elections to take against the will made? ...........................................................
If “yes,” please attach copies of the disclaimer or election.
4. Have federal gift tax returns ever been filed? .......................................................................................
If “yes,” please attach copies of the returns.
5. Was a federal estate tax return required? .............................................................................................
If “yes,” please attach pages 1, 2 and 3 of Federal Form 706.
6. Marital status of the decedent at time of death:









Married
Name of surviving spouse (if applicable)
Social security number of surviving spouse
Single
Legally separated
Divorced
Widowed
Name of deceased spouse
Social security number of deceased spouse
Date of death of deceased spouse
Case number of deceased spouse’s estate
County of deceased spouse’s estate

7. If widow or widower, was a qualified terminable interest property (QTIP) deduction
elected in the predeceased spouse’s estate? ....................................................................................
If “yes,” please read information below and complete Schedule F, page 10.

O.R.C. Section 5731.131 requires the estate to include property in which the decedent had an income interest for life
for which a marital deduction was allowed with respect to the transfer of that property under any of the following:
a. O.R.C. Section 5731.15(A)(1) (for dates of death on or before June 30, 1993)
b. O.R.C. Section 5731.15(B) (for dates of death on or after July 1, 1993)
c. I.R.C. Section 2523(f) (lifetime QTIP gift tax election)
d. Where the decedent’s predeceased spouse was not a resident of the state of Ohio but was permitted a marital
deduction under I.R.C. Section 2056(b)(7).

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General Information
When an estate tax
return is required
(Section 5731.21)

Estates with a gross value of more than $200,000 are required to file an ET Form 2. Executors and administrators are responsible for filing the estate tax return.

What estate tax
form is required
to be completed
(Section 5731.21)

If the date of death was before January 1, 2001, Ohio Estate Tax Return, Revised 3/2000,
is required to be filed.

When and where
to file
(Section 5731.21)

Returns are required to be filed within nine months from decedent’s date of death. All filings must be made in duplicate with the probate court where will is probated or estate is
administered.

When and where to
pay (tax and interest)
(Section 5731.23)

Interest begins to accrue at variable rates nine months from decedent’s date of death. The
county auditor will calculate any interest owing. Tax and interest are paid at the county auditor’s office, with the check drawn to the order of the county treasurer.

Extension of time
to file (Section 5731.21)

Estates of decedents with a date of death on or after January 1, 2000 are granted an automatic six-month extension, allowing them a total of 15 months to file the estate tax return.
Any additional six-month extensions must be requested in writing directly to the Estate Tax
Unit on ET Form 24 before the due date of the return.

Returns are not required to be filed for gross estates with a value of $200,000 or less.
However, if the estate consists of real estate and has a value of $200,000 or less,
an ET Form 22 should be filed with probate court to expedite the release of the real
estate lien.

If the date of death was on or after January 1, 2001, Ohio Estate Tax Return, Revised
1/2001, is required to be filed.

Interest on any estate tax due will be calculated from nine months from date of death
regardless if the estate utilizes the automatic or additional extensions. To stop the
accrual of interest, an estimated payment of tax may be made. (See explanation of
estimated payments on page 19.)

Extension of time
to pay (Section 5731.25)

Estates of decedents with a date of death on or after July 24, 1986 may request to extend
the time for payment of tax for undue hardship. Specific examples of undue hardship are
listed in the Ohio Revised Code and include, but are not limited to, the following: (1) insufficient liquid funds despite efforts to convert assets to cash; (2) a substantial portion of the
assets of the gross estate consisting of rights to receive payments in the future; and (3) the
inability to accurately determine the size of the gross estate because a substantial portion
of the decedent’s assets is subject to litigation.
The estate must request this extension on the ET Form 41, no later than forty-five (45)
days before the due date of the estate tax return. This form must be filed directly with the
Estate Tax Unit. Additional extensions must be filed not less than thirty (30) days before the
expiration of the previous extension. Each extension is granted for no more than one year
per request. Additional extensions may be granted annually up to a maximum of 14 years.
For further information, please refer to ET Bulletin 3A.

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Estimated payments
(Section 5731.23)

An estimated payment can be made prior to the filing of the estate tax return by using an
ET 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 18 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
assessed is less than the estimated payment, the estate may be eligible for a refund.

Penalties
(Section 5731.22)

Failure to timely file the estate tax return (determined with regard to any extension approved)
results in a penalty assessment.
The penalty is five (5) percent per month or any fraction of a month, not to exceed twentyfive (25) percent of the tax as finally determined. Interest does not accrue on penalty assessments.

Nonresident estates
(Section 5731.19)

The estate of a nonresident decedent must file ET Forms 2 and 4 if the decedent owned
the 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 that the return may be filed directly with
the county probate court where the Ohio property is located.

Additional tax
(Sections 5731.18,
5731.19 and 5731.24)

An additional tax is due when the federal state death tax credit exceeds the Ohio tax paid.
If 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 (60) days after the date of the final determination of the federal estate tax liability
(closing letter or equivalent as issued by the I.R.S.). 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.

Distribution of tax
(Sections 5731.48 and
5731.50)

For dates of death January 1, 2001–December 31, 2001, seventy (70) percent of the tax is
distributed to the municipal corporation, village or township in which the tax originates and
thirty (30) percent to the state of Ohio.

Marital deduction
(Section 5731.15)

A marital deduction may be taken for certain property interests that pass from the decedent
to 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.

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Explanation of Elections
Alternate Valuation Date (O.R.C. Section 5731.01(A) and (D))
The gross estate may be valued on the decedent’s date
of death or on an alternate valuation date. The alternate
valuation date is six months from date of death unless the
property item is sold, disposed of or distributed within that
six months.
The executor must make an election by checking “yes” in
the Elections section of the return. This election is mutually exclusive of the federal election. However, it must be

elected within one year and nine months from the date of
decedent’s death or within one year from any extensions
granted by the Tax Commissioner. Once made, this election
is irrevocable.
If alternate valuation is elected, please list both date of death
values and alternate values, and the alternate valuation date
on the applicable schedules.

Qualified Farm Property Valuation (O.R.C. Section 5731.011)
The estate may elect Qualified Farm Property Valuation for
determining the value of farm property as an alternative to its
fair market value. To have qualified farm property valued at
this special valuation, certain conditions must be met.* This
election must be made on a timely filed return determined
with regard to any approved extensions of time to file.
To help expedite the audit, please attach the following:
1. A complete ET Form 34 and 34A;
2. Most recent county auditor real estate property record;

3. Current Agricultural Use Valuation (CAUV) cards (from
county auditor);
4. Fair market value appraisal (broken down into
one-acre homesite, improvements and bare land only).
If the qualified farm property valuation is elected, use the
qualified farm property value column in Schedule A or identify
the qualified property under Schedule E or G.
*Please refer to ET Bulletin 5.

Qualified Terminable Interest Property (QTIP)
(Section 5731.15 O.R.C.)
The Qualified Terminable Interest Property (QTIP) election
allows certain life estates held for the surviving spouse to
qualify for the marital deduction.
The requirements for QTIP are the following:
1. Surviving spouse must receive all the income for life payable annually or at more frequent intervals; and
2. No one can have a power to appoint the property to any
person other than the surviving spouse during surviving
spouse’s life; and
3. The executor must make an election by checking “yes” in
the Elections Section of the return. Once the election is

made, it is irrevocable. This election must be made on a
timely filed return determined with regard to any approved
extensions of time to file.
The executor may make a partial QTIP election only if it is
in the form of a fraction or percentage of available QTIP
property. The specific interest should be clearly identified
as QTIP.
The surviving spouse’s estate must include all QTIP property claimed in the first spouse’s estate, to the extent not
consumed or given away, at the value on the date of death
of the surviving spouse.

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Explanation of Elections
Qualified Family-Owned Business Interest Deduction
(O.R.C. Section 5731.20)
Effective for estates of decedents dying on or after January
1, 2001, O.R.C. Section 5731.20 allows a deduction for qualified family-owned business interests. For a qualifying estate,
the maximum deduction allowed cannot exceed $675,000.
To claim the deduction, the executor must make a Section
5731.20 election (see page 2, Elections by the Executor, item
4) and attach completed Federal Form 706, Schedule T (Qualified Family-Owned Business Interest Deduction) and federally
requested statements to the Ohio Estate Tax Return. In addition, each person in being having an interest in the property
must sign a written agreement consenting to the application
of the 10-year additional (recapture) tax. The deduction for
the value of the qualifying business interest is claimed under
Recapitulation of Deductions, page 2, of the Ohio return.
Section 5731.20 incorporates by way of statutory referencing all dispositive language contained in Section 2057 of the
Internal Revenue Code.

Every definition and term used in Section 2057 such as “adjusted value of the qualified family-owned business interest,”
“qualified heir,” “member of the family,” “material participation,” “applicable percentage,” and “adjusted tax difference”
will have the same meaning and effect for purposes of Section
5731.20, unless otherwise provided.
For Ohio, if an estate qualifies, the election to claim the
deduction can be made even if no federal return is required
to be filed. Where a federal return is required to be filed, the
election can be made for Ohio, even if not made federally.
All qualified heirs shall be deemed to have met the Ohio requirement of consenting to the additional (recapture) tax by
signing the agreement contained in the Federal Form 706,
Schedule T. When applicable, the tax plus statutory interest
will be due no later than the first day of the seventh month
following the event causing the imposition of the additional
(recapture) tax.

For further information, please contact the
Estate Tax Unit’s
toll-free information and assistance line at

1-(800) 977-7711
or
Visit our Web site at

www.ohio.gov/tax
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