reglab/statecodes huggingface dataset:
California Code of Regulations › Title 18 - Public Revenues › Division 2.4 - State Board of Equalization - Access to Records › Article 1 - Public Access to Records Pertaining to Tax and Fee Programs › Section 8008 - Determination Regarding Disclosure of Public Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a request for inspection or copies
				of records, the Board shall have up to 10 calendar days from the receipt of the
				request to determine whether the request is for disclosable public records in
				the possession of the Board. In "unusual circumstances," as defined in Section
				6253 of
				the Government Code, the Board may send a written notice to the requestor to
				extend the period of determination up to an additional 14 calendar
				days.
(b) After making the
				determination set forth in (a) above, the Board shall promptly notify the
				requestor of the Board's determination to disclose the requested records or why
				some or all of the requested records cannot be disclosed. A notification of
				denial of any request for records shall set forth the name and title or
				position of the person responsible for the denial.
(c) After a determination that the Board will
				disclose the requested records, the Board shall have a reasonable amount of
				time in which to review the records and, if necessary, to redact any
				confidential taxpayer information from the requested records. After this
				review, copies of disclosable records shall be promptly provided to the
				requestor.
1. New section
				  filed 11-15-2000; operative 12-15-2000 (Register 2000, No.
				  46).
Note: Authority cited: Sections
					 6253.4 and
					 15652,
					 Government Code. Reference: Sections
					 6250,
					 6253,
					 6254,
					 6254.20,
					 6254.25,
					 6254.9 and
					 6255,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.4 - State Board of Equalization - Access to Records › Article 1 - Public Access to Records Pertaining to Tax and Fee Programs › Section 8012 - Property Taxes Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board's property taxes records include:
(a) Annotations. Annotations are summaries of
				the conclusions reached in selected legal rulings of counsel. Property Taxes
				annotations are published in the Property Taxes Law Guide.
(b) Annotation Back-Up Opinions. An
				annotation back-up opinion is a redacted copy of the legal ruling of counsel on
				which the annotation is based. Confidential taxpayer information will be
				redacted from the back-up opinion prior to disclosure.
(c) Assessment Practices Surveys.
(1) Periodic Surveys. Periodic surveys are
				conducted of the county assessor offices throughout the state. The findings are
				summarized in an Assessment Practices Survey report containing recommendations
				for improving assessment practices in the county. These reports may be
				requested by the name of the county.
(2) Special Topic Surveys. Statewide surveys
				of the 58 county assessors are occasionally conducted on a specific assessment
				issue. The resulting Special Topic Survey summarizes the findings of the
				survey, reviews the applicable law, and presents the Board's views. These
				reports may be requested by topic.
California Code of Regulations › Title 18 - Public Revenues › Division 2.4 - State Board of Equalization - Access to Records › Article 1 - Public Access to Records Pertaining to Tax and Fee Programs › Section 8014 - Franchise or Income Tax Appeals Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board's franchise or income tax appeals records
				  include:
(a) Franchise or Income Tax
				Appeal Files. Material submitted to the Board in a franchise or income tax
				appeal is public and may be requested by taxpayer name.
(b) Formal Opinions. A franchise or income
				tax formal opinion is public and may be requested by taxpayer name or
				subject.
(c) Summary Decisions.
				Summary decisions issued in franchise or income tax appeals are public and may
				be requested by taxpayer name or subject.
1. New section
				  filed 11-15-2000; operative 12-15-2000 (Register 2000, No.
				  46).
Note: Authority cited: Sections
					 6253.4 and
					 15652,
					 Government Code. Reference: Sections
					 6250,
					 6252,
					 6253,
					 6254,
					 6254.25
					 and
					 6255,
					 Government Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.4 - State Board of Equalization - Access to Records › Article 1 - Public Access to Records Pertaining to Tax and Fee Programs › Section 8016 - Other Public Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Board records that are not specific to a particular tax or fee program include:
(1) Annual Report of the Board of
				Equalization.
(2) Board Meeting
				Records. The following Board meeting records may be requested directly from the
				Board Proceedings Division, MIC: 81:
(A) Board
				Meeting Agendas.
(B) Minutes of
				Board Meetings and Board Committee Meetings.
(C) Transcripts of Board
				Meetings.
(3) Issue
				Papers. The Board staff prepares issue papers addressing topics on which the
				Board will be making decisions. Issue papers may be requested by title or issue
				paper number. A subject index of issue papers is not maintained.
(4) Legislative Analyses. The Board's
				Legislative Division tracks bills that may have an impact on the Board. A copy
				of a bill analysis may be requested by providing the bill number and
				year.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303 - Property-in General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In general, property subject to the Inheritance Tax Law
					 includes any real or personal property, and any right or interest therein or
					 income therefrom, the receipt or succession to which may be taxed under the
					 Inheritance Tax Law and under the Constitutions of this State and the United
					 States.
Note: For the describing of property on form IT-22,
					 Inheritance Tax Declaration, see Section
					 14501.1.
1. Repealer
					 of Subchapter 1 (Sections
					 13303(a) through
					 14813-14814, not consecutive) and
					 new Subchapter 1 (Sections
					 13303 through
					 14813, not consecutive) filed
					 9-22-78 as procedural and organizational; designated effective 12-1-78
					 (Register 78, No. 38). For history of former Subchapter 1, see Registers 59,
					 No. 20; 68, No. 27; 69, No. 47; 71, No. 11; 72, No. 18; 73, No. 15; 75, No. 17;
					 76, Nos. 5, 18, 43 and 51; 77, No. 35; and 78, Nos. 8 and 23.
2.
					 Editorial correction (Register 78, No. 42).
Note: Authority cited for Subchapter 1 (Sections
						13303 through
						14813, not consecutive): Section
						14740,
						Revenue and Taxation Code. Reference: Sections
						13303
						and
						14501,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.1 - Property of Resident Transferors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Real Property.
Real property in this State belonging to a resident
					 transferor is subject to the Inheritance Tax Law. Real property outside the
					 State belonging to a resident transferor is not subject to the law. If,
					 however, a resident transferor owning real property situated outside the State
					 has entered into an executory contract for its sale, the right of the
					 transferor, his estate or heir to the proceeds of the sale will be treated as
					 subject to the law should the state in which the property is situated not
					 subject the property to its own inheritance or estate tax law, either on an
					 application of the so-called "doctrine of equitable conversion" or for any
					 other reason.
(b) Tangible
				  Personal Property. Tangible personal property in this State belonging to a
				  resident transferor is subject to the Inheritance Tax Law. Tangible personal
				  property permanently outside the State belonging to a resident transferor is
				  not subject to the law.
(c)
				  Intangible Personal Property. Intangible personal property, wherever situated,
				  belonging to a resident transferor is subject to the Inheritance Tax
				  Law.
Note: Reference: Sections
						13303-
						13305,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.2 - Property of Nonresident Transferors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Real Property.
Real property in this State belonging to a nonresident
					 transferor is subject to the Inheritance Tax Law.
(b) Tangible Personal Property.
Tangible personal property permanently in this State
					 belonging to a nonresident transferor is subject to the Inheritance Tax
					 Law.
(c) Intangible Personal
				  Property Belonging to a Nonresident Residing in the United States.
Intangible personal property belonging to a nonresident
					 transferor residing in the United States is not subject to the Inheritance Tax
					 Law.
(d) Intangible Personal
				  Property Belonging to Nonresident Residing Outside United States.
Stocks and bonds issued by a corporation organized under
					 the laws of California or which has its principal place of business or does a
					 major part of its business in California or of a federal corporation or
					 national bank which has its principal place of business or does a major part of
					 its business in California, whether the evidence thereof is kept within or
					 without the State, and all other intangible personal property in California
					 belonging to a nonresident transferor residing outside the United States except
					 savings accounts in savings and loan associations operating under the authority
					 of the Division of Savings and Loan or the Federal Home Loan Bank board and
					 bank deposits, unless such deposits are used in connection with a business
					 conducted or operated, in whole or in part, in California, are subject to the
					 Inheritance Tax Law. However, Revenue and Taxation Code Section
					 13851
					 exempts such intangible personal property from the inheritance tax if the
					 transferor at the time of his death was a resident of a foreign state or
					 country which then imposed a legacy, succession, or death tax in respect to the
					 intangibles of its own residents, but either:
(1) Did not impose such a tax in respect to
				  intangible personal property of residents of this State; or
(2) Had a reciprocity provision in its law
				  exempting from its tax the intangibles of nonresidents of other jurisdictions
				  whose laws in turn, contain a similar exemption.
Note: As to the intangibles exemption of nonresident
					 transferors residing in a foreign state or country, Sections
					 13851,
					 13851.1 and
					 13851.2.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.3 - Intangible Personal Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "intangible personal property" includes stocks,
					 bonds, notes (whether secured or unsecured), bank deposits, accounts
					 receivable, patents, trade-marks, copyrights, good will, partnership interest,
					 life insurance policies, and other choses in action.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.4 - Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the Inheritance Tax Law the term
					 "residence" is synonymous with legal residence or domicile.
When a claim is made that the residence of a transferor was
					 outside the State of California and a court proceeding to determine the
					 inheritance tax is pending, an affidavit in support of the claim must be filed
					 with the inheritance tax referee on form IT-2, entitled "Declaration Concerning
					 Residence," copies of which may be obtained from the referee or from the
					 Inheritance Tax Division of the Controller's office in Los Angeles, Sacramento
					 or San Francisco.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.5 - Residence of Married Women and Minors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Generally, a married woman has the same residence as her
					 husband, even though she is separated from him. The residence of a minor,
					 ordinarily, is that of the father, or of the mother if the father is deceased.
					 Accordingly, if a man has his residence in California, his wife and minor
					 children, generally, likewise have their residence here.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.6 - Resident

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "resident" means a person whose residence is in
					 the State of California.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.7 - Nonresident

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "nonresident" means a person whose residence is
					 outside the State of California.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.8 - Joint Tenancy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the Inheritance Tax Law the term "joint
					 tenancy" includes any ownership of property by two or more persons whereby the
					 property is held in the joint names of such persons, or is deposited in a bank
					 or other depositary in their joint names subject to payment to either or any of
					 them during their lives or to the survivor or survivors upon the death of any
					 one. The distinguishing incident of this character of ownership is the right of
					 the surviving owner to the sole and immediate ownership, possession, and
					 enjoyment of the property by virtue of his survivorship.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.9 - Future Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "future interest" includes a remainder or other
					 estate or interest in property, whether vested or contingent, the right to the
					 use, possession, or enjoyment of which is limited to commence at, or is
					 postponed to some future date or time.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.10 - Cemetery Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Property in a cemetery passing to an individual by reason
					 of the death of the owner, is exempt from the Inheritance Tax Law.
Note: Reference: Sections
						8250,
						8250.5
						and
						8604,
						Health and Safety Code; Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13303.11 - Tax-Exempt Securities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Inasmuch as the inheritance tax is a tax upon the right or
					 privilege of receiving or succeeding to property, and not upon the property
					 itself, tax-exempt federal, state, or municipal bonds or other evidences of
					 indebtedness are subject to the Inheritance Tax Law.
Note: Reference: Section
						13303,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13304 - Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the Inheritance Tax Law the term
					 "transfer" includes the passing of any property, or any interest therein or
					 income therefrom, from one person to another, for the present or future
					 possession or enjoyment of the recipient or a third person, whether by will, by
					 operation of law, a grant, a deed, a sale, a gift, a court order setting apart
					 property or granting a family allowance, the homestead laws, the giving of a
					 power of appointment, survivorship, an advancement, under a policy of life or
					 accident insurance, or otherwise.
Note: Reference: Section
						13304,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13304.1 - Complete Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "complete transfer" includes any transfer under
					 which the rights of the transferee are vested and the transferor does not
					 reserve any power to revoke, terminate, alter, amend, revise, or change the
					 interest of the transferee.
Note: Reference: Section
						13304,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13304.2 - Incomplete Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "incomplete transfer" includes any transfer under
					 which the rights of the transferee are contingent or the transferor reserves
					 the power to revoke, terminate, alter, amend, revise, or change the interest of
					 the transferee.
Note: Reference: Section
						13304,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13306 - Transferee Under a Trust

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a trust is involved, the beneficiary, not the
					 trustee, is the transferee.
Note: Reference: Section
						13306,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 1 - Definitions › Section 13309 - Transferee Under Section 228 or 229 of Probate Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any relative of a decedent who, pursuant to Section
					 228 or
					 229 of the
					 Probate Code, succeeds to any property of the decedent which previously had
					 been the community property of the decedent and the predeceased spouse or the
					 separate property of the latter, is a Class C transferee, unless his
					 relationship to the decedent places him in a prior class.
Note: Reference: Section
						13309,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13401 - Tax Imposed-in General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Inheritance Tax Law reaches every receipt or succession
					 to real or personal property subject to the law, and any right or interest
					 therein or income therefrom, whether in trust or otherwise, to the extent that
					 the receipt or succession is effected by any transfer subject to the
					 law.
Note: Reference: Section
						13401,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13401.1 - Duty of Producing Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who claims that a particular transfer is not
					 subject to the Inheritance Tax Law has the burden of producing evidence
					 supporting such claim.
Note: Reference: Section
						13401,
						Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13402 - Computation of Tax-in General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Decedents Dying Prior to 5:15 p.m.,
				  September 26, 1977. The inheritance tax is ordinarily measured by the clear
				  market value (see Revenue and Taxation Code Section
				  13312)
				  of the distributive share of a decedent's estate to which a particular
				  transferee is entitled. Each individual share is in the nature of a separate
				  estate, and the tax is computed separately thereon. Consequently, there will be
				  as many separate computations of the tax in a particular estate as there are
				  transferees of the decedent's property.
(b) Decedents Dying on or After 5:15 p.m.,
				  September 26, 1977. The date of gift value of net gifts (within the meaning of
				  Revenue and Taxation Code Section
				  15118,
				  see Section
				  15118) which are not otherwise
				  subject to inheritance tax, made by the decedent during lifetime after December
				  31, 1976, to a particular transferee is added to the clear market value (see
				  Revenue and Taxation Code Section
				  13312)
				  of the distributive share of decedent's estate to which the particular
				  transferee is entitled, and a tentative tax is computed upon a sum of these two
				  amounts. The tentative tax is then reduced by the amount of tax computed, at
				  the rates and exemptions in effect at date of death, upon the total date of
				  gift value of all gifts made by decedent during his lifetime after December 31,
				  1976 to the particular transferee. The difference thus determined is the amount
				  of inheritance tax due with respect to the transferee.
Since each individual transferee's tax is computed
					 separately, there will be as many separate computations of the tax in a
					 particular decedent's estate as there are transferees of the decedent's
					 property.
1. Amendment
					 of subsection (b) and new subsection (c) filed 3-8-79; effective thirtieth day
					 thereafter (Register 79, No. 10).
2. Amendment filed 2-28-80;
					 effective thirtieth day thereafter (Register 80, No.
					 9).
Note: Authority cited: Section
						14740,
						Revenue and Taxation Code. Reference: Section
						13402,
						Revenue and Taxation Code, and Stats. 1979, Ch.
						1005.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13402.1 - Method of Computation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Decedents Dying Prior to 5:15 p.m., September 26, 1977--In General. The
				  inheritance tax is ordinarily computed as follows:
(1) Determine the value of all property
				  subject to the Inheritance Tax Law transferred to the particular transferee
				  under the decedent's will or pursuant to the laws of succession. For the
				  valuation of property, see Sections
				  13951 through
				  13956.
(2) Deduct from the value determined pursuant
				  to subdivision (1) the total amount of all allowable deductions provided in
				  Revenue and Taxation Code Sections
				  13981
				  through
				  13990,
				  to which the transferee is entitled, to arrive at the clear market value. As to
				  deductions, see Sections
				  13982 through
				  13988.6.
(3) Determine the value of all property
				  subject to the Inheritance Tax Law included in any transfer to the transferee
				  effected by any means other than the decedent's will or the laws of succession
				  (as, for example, by a taxable transfer during the life of the decedent, or by
				  the passage to the transferee of property held in joint tenancy, or by the
				  payment to the transferee of proceeds of insurance on the life of the
				  decedent), and make any proper deduction therefrom to arrive at the clear
				  market value.
(4) Add the result
				  determined pursuant to subdivision (3) to the result determined pursuant to
				  subdivision (2).
(5) Deduct from
				  the sum determined pursuant to subdivision (4) the exemptions provided in
				  Revenue and Taxation Code Sections
				  13801
				  through
				  13803,
				  and the marital exemption effective before January 1, 1976, in Revenue and
				  Taxation Code Section
				  13805,
				  to which the transferee is entitled. As to the specific exemptions, see
				  Sections 13801 through
				  13801.3. As to the marital
				  exemption or exclusion of separate property, see Section
				  13805.
(6) Compute the tax by applying to the result
				  determined pursuant to subdivision (5) the same rate of taxation (see Revenue
				  and Taxation Code Sections
				  13404
				  through
				  13406)
				  which would have been applicable had the exemptions not been allowed. See also
				  Section 13403. As to rates of taxation,
				  see also Sections
				  13403.1 and
				  13403.2.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13402.3 - Examples: Date of Death After 8:25 P.M., September 30, 1978

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-8-79; effective thirtieth day thereafter (Register 79, No.
					 10).
2. Repealer filed 2-28-80; effective thirtieth day thereafter
					 (Register 80, No. 9).
Note: Authority cited: Section
						14740,
						Revenue and Taxation Code. Reference: Section
						13402,
						Revenue and Taxation Code, and Stats. 1979, Ch.
						1005.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13403.1 - Rates Applicable to Transfers by Will or Succession

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where property was transferred by will or pursuant to the
					 laws of succession, the rates of taxation applicable are those in effect at the
					 date of the decedent's death.
NOTE: Reference: Section
					 13403,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13403.2 - Rates Applicable to Transfers Inter Vivos

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or After June 25, 1935. Where property
				  was transferred during the life of the transferor on or after June 25, 1935
				  (the effective date of the Inheritance Tax Act of 1935), the rates of taxation
				  applicable are those in effect at the date of the transferor's death.
(b) Prior to June 25, 1935. Where property
				  was transferred during the life of the transferor prior to June 25, 1935, the
				  rates of taxation applicable are:
(1) Those in
				  effect at the date of the transfer, if the transfer was complete, see Section
				  13304.1; or
(2) Those in effect at the date of the
				  transferor's death, if the transfer was incomplete, see Section
				  13304.2.
NOTE: Reference: Section
					 13403,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13408 - Several Transfers to Same Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfers On or After June 25, 1935.
				  Where more than one transfer has been made on or after June 25, 1935 (the
				  effective date of the Inheritance Tax Act of 1935), by a transferor to the same
				  person, the tax is measured by the aggregate market value of the property so
				  transferred as if all of the property had been transferred at the date of the
				  transferor's death, the tax rates and exemptions applicable also being those in
				  effect at such date.
(b) Incomplete
				  Transfer Between July 27, 1917, and June 25, 1935, Plus Transfer Upon Death on
				  or After June 25, 1935.
Where any person during his lifetime on or after July 27,
					 1917 (the effective date of the Inheritance Tax Act of 1917), but prior to June
					 25, 1935, made an incomplete transfer, (see Section
					 13304.2), of property to another,
					 and upon his death occurring on or after June 25, 1935, transferred other
					 property by will to such other person, the tax is computed in accordance with
					 subsection (a) of this regulation.
(c) Complete Transfer Between July 27, 1917,
				  and June 25, 1935, Plus Transfer Upon Death on or After June 25, 1935.
Where any person during his lifetime on or after July 27,
					 1917, but prior to June 25, 1935, made a complete transfer, see Section
					 13304.1, of property to another,
					 and upon his death occurring on or after June 25, 1935, transferred other
					 property by will to such other person, the tax is computed as follows:
(1) Determine in accordance with Section
				  13801.2(c) the
				  amount of the specific exemption allowable.
(2) Deduct from the value of the property
				  transferred inter vivos the amount of the specific exemption determined
				  pursuant to subdivision (1) of this subsection.
(3) Compute the tax upon the remainder
				  determined pursuant to subdivision (2) at the rates in effect at the date of
				  the transfer inter vivos.
(4)
				  Compute the tax upon the value of the property transferred by will at the rates
				  in effect at the date of the decedent's death. In making this computation,
				  treat the value of the property transferred by will as the highest portion of
				  the aggregate market value of the property transferred inter vivos and at death
				  and tax it at the rates applicable in the appropriate tax rate brackets reached
				  by reason of the aggregation.
NOTE: Reference: Section
					 13408,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13409 - Disclaimers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Decedents Dying
				  on or After August 16, 1972.
If a transferee under a will, an heir of an intestate or a
					 transferee of an inter vivos transfer subject to inheritance tax disclaims any
					 interest in the estate of the decedent or the property transferred, in whole or
					 in part, pursuant to the provisions of Chapter 11 (commencing with Section
					 190) of Division 1 of the Probate
					 Code, the interest disclaimed is treated as if the beneficiary disclaiming had
					 predeceased the person who created the interest and said interest is taxed as a
					 transfer from the decedent to the person who takes by reason of the disclaimer,
					 provided all of the following requirements are satisfied:
(1) The date of death of the decedent is on
				  or after August 16, 1972 (effective date of Revenue and Taxation Code, Section
				  13409,
				  as enacted by Stats. 1972, Ch. 990),
(2) The disclaimant has not in any manner
				  accepted the interest sought to be disclaimed prior to filing the disclaimer,
				  and
(3) The disclaimer is filed in
				  the manner and form and within the time specified in Chapter 11 (commencing
				  with Section
				  190) of Division 1 of the Probate
				  Code.
(A) Time of Filing.
To be effective, the disclaimer must be filed within a
					 reasonable time after the disclaimant acquires knowledge of the interest. The
					 presumption set forth in Section
					 190.3 of the
					 Probate Code shall apply in determining whether a disclaimer has been filed
					 within a reasonable time.
(B) Place of Filing.
In the case of interests created by will or arising from
					 intestate succession, the disclaimer shall be filed with the superior court in
					 the county in which the estate of the decedent is being administered; if there
					 is no administration, the disclaimer shall be filed with the superior court in
					 the county in which administration would be proper.
In the case of an interest created by an inter vivos trust
					 subject to the inheritance tax, the disclaimer shall be filed with the trustee
					 then acting.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13409.1 - Other Agreements by Transferees or Heirs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a transferee under a will, an heir of an intestate or a
					 transferee of an inter vivos transfer subject to inheritance tax makes a
					 voluntary assignment or transfer of the interest sought to be disclaimed
					 without complying with the disclaimer provisions of Chapter 11, Division 1 of
					 the Probate Code, or if such person enters into an agreement with other
					 beneficiaries, heirs or transferees providing that the interest to which he
					 would otherwise be entitled shall pass to a person or persons who would not
					 otherwise succeed to such interest except under provisions of the agreement,
					 the transfer, assignment or agreement by the transferee shall be disregarded in
					 computing the inheritance tax due.
NOTE: Reference: Section
					 13409,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2 - Imposition and Computation of Inheritance Tax › Section 13411 - Contingent or Conditional Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a taxable transfer is made subject to
				  a contingency or condition upon the occurrence of which the interest of any
				  transferee in the property involved may, in whole or in part, be created,
				  defeated, extended, or abridged, the tax is computed at the highest rate
				  possible upon the happening of the contingency or condition. For example, A by
				  will transfers to B a life interest in property valued at $100,000, and to C,
				  D, and E, or the survivor, a remainder interest in the property at B's death. C
				  is not related to A. D and E are brothers of A. In such case the tax on the
				  remainder will be compute on the supposition that the property will go to C,
				  since a tax on a remainder to C would be computed at higher rates than on a
				  remainder going to D or E (see Revenue and Taxation Code Sections
				  13404
				  through
				  13406
				  and
				  13307
				  through
				  13309).
				  Any person who pays the tax so computed may secure a refund in the event that D
				  or E survives B's death, in an amount equal to the difference between the tax
				  paid and the tax which would have been payable had it been computed on the
				  basis of a transfer to the actual survivor or survivors (see Revenue and
				  Taxation Code Section
				  13956(b)).
(b) The payment of a tax due on a contingent
				  or conditional transfer may be deferred on the filing of a bond (see Revenue
				  and Taxation Code Sections
				  14171
				  through
				  14178),
				  and may under proper circumstances be the subject of a compromise (see Revenue
				  and Taxation Code Sections
				  14191
				  and
				  14192).
NOTE: Reference: Section
					 13411,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2.1 - Imposition and Computation of Additional Tax › Section 13441 - Property Left in Two or More States

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Apportionment.
In a case where a decedent leaves property having a situs
					 in this State, and leaves other property having a situs in another state, or
					 other states, the portion of the maximum state death tax credit allowable
					 against the federal estate tax on the total estate by the federal estate tax
					 law which is attributable to the property having a situs in California shall be
					 determined in the following manner:
(1) For the purpose of apportioning the
				  maximum state death tax credit, the gross value of the property shall be that
				  value finally determined for federal estate tax purposes.
(2) The maximum state death tax credit
				  allowable shall be multiplied by the percentage which the gross value of
				  property having a situs in California bears to the gross value of the entire
				  estate subject to federal estate tax.
(3) The product determined pursuant to
				  subdivision (2) shall be the portion of the maximum state death tax credit
				  allowable which is attributable to property having a situs in
				  California.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 2.1 - Imposition and Computation of Additional Tax › Section 13442 - Property Left in Two or More States-No Normal Inheritance Tax

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Additional Tax Imposed.
In a case where a decedent leaves property having a situs
					 in this State, and leaves other property having a situs in another state, or
					 other states, and no normal inheritance tax is imposed by this State, an
					 additional tax will be imposed in the amount of the maximum state death tax
					 credit allowable against the federal estate tax which is attributable to
					 property having a situs in California.
(b) Apportionment.
In such a case, the amount of the maximum state death tax
					 credit allowable against the federal estate tax which is attributable to
					 property having a situs in California shall be determined in the same manner as
					 is set forth in subsection (a) of Section
					 13441.
(c) Copy of Federal Estate Tax Return.
In a case where a decedent leaves property in two or more
					 states, and an additional tax is imposed by California, a copy of the Federal
					 Estate Tax Return (form 706) must be submitted to the inheritance tax referee
					 or the appropriate district office of the Inheritance and Gift Tax
					 Division.
(d) Time of
				  Payment.
As to time of payment and delinquent date for payment of
					 additional tax, see Section
					 14103(c).
NOTE: Reference: Section
					 13442,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 3 - Community Property › Section 13551 - Transfer Inter Vivos to Third Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The whole of any community property which is transferred by
					 means of a taxable inter vivos transfer by the spouses to a third person is
					 subject to the Inheritance Tax Law.
(a) Decedent Dying On or After September 11,
				  1957. In the case of a decedent dying on or after September 11, 1957, each
				  spouse is considered a transferor of one-half of the property.
(b) Decedents Dying Prior to September 11,
				  1957. In the case of a decedent who died prior to September 11, 1957:
(1) If the property was acquired on or after
				  July 29, 1927, each spouse is considered a transferor of one-half of the
				  property.
(2) If the property was
				  acquired prior to July 29, 1927, the husband is considered the transferor of
				  the entire property.
(See also Section
					 13554.)
NOTE: Reference: Section
					 13551,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 3 - Community Property › Section 13556 - Presumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The usual presumption that property acquired by a husband
					 or wife after marriage is community property does not apply as against any
					 claim by the State for the inheritance tax. The burden of proving any property
					 to be community property is on the person who claims that it has such status. A
					 claim that property is community property must be supported by form IT-3,
					 entitled "Marital Property Declaration." This declaration should be executed by
					 the decedent's surviving spouse, or if it is for some reason impossible for the
					 surviving spouse to execute the declaration, by any person having actual
					 knowledge of the facts required, and submitted to the inheritance tax referee
					 or, if no court proceeding to determine tax is pending, to the State
					 Controller. Copies of form IT-3 may be obtained from the referee or from the
					 Inheritance Tax Division of the Controller's office in Los Angeles, Sacramento,
					 or San Francisco.
NOTE: Reference: Section
					 13556,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601 - Transfer by Will Pursuant to Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A transfer by will made pursuant to an agreement between
					 the transferee and the decedent is subject to the Inheritance Tax Law to the
					 extent that such agreement is not supported by adequate consideration in money
					 or money's worth received by the decedent.
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601.1 - Misappropriated, Destroyed, or Depreciated Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A bequest or devise of property which, prior to
					 distribution, has been misappropriated by the executor or administrator, or for
					 any reason has been lost or destroyed or has depreciated in value, is
					 nevertheless a transfer subject to the Inheritance Tax Law.
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601.2 - Agreement Extrinsic to Will Limiting Estate Given

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any valid written agreement extrinsic to a will which
					 limits any absolute estate passing under the will may be considered together
					 with the will in determining the true nature and scope of the estate. For
					 example, if a wife upon her death devises her separate real property in fee to
					 her husband pursuant to a previously executed written agreement that he, in
					 turn, at his death will devise to her nephews such portion of the property as
					 he did not consume during his life, in view of the agreement the husband will
					 be deemed to take a life estate with power to use and consume the principal,
					 and the nephews a remainder over in the unconsumed portion of the
					 property.
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601.3 - Forgiveness of Debt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any discharge or forgiveness in a will of any debt owed the
					 testator constitutes a transfer subject to the Inheritance Tax Law.
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601.5 - Transfer by Laws of Succession

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a person dies intestate, the passage of any property
					 from him under the applicable laws of succession of this or any other state
					 constitutes a transfer subject to the Inheritance Tax Law to the extent that
					 the property is subject thereto.
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13601.6 - Agreement or Assignment by Legatee or Heir

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agreement, assignment, compromise of a will contest or
					 other arrangement entered into by a legatee, heir or transferee after the death
					 of a decedent, which does not qualify as a disclaimer of an interest in the
					 decedent's property or estate, but which changes the distribution that would
					 otherwise have been made under the will, by the laws of intestacy or by other
					 transfer from the decedent is to be disregarded in determining the inheritance
					 tax on the transfer as it would otherwise have been made.
Note: As to disclaimers, see Section
					 13409(a).
NOTE: Reference: Section
					 13601,
					 Revenue and Taxation Code.
California Code of Regulations › Title 18 - Public Revenues › Division 2.5 - State Controller › Chapter 1 - Inheritance Tax › Article 4 - Transfers by Will and Laws of Succession › Section 13603 - Bequest or Devise to Executor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a decedent makes a bequest or devise of property to his
					 executor named in his will in lieu of compensation for services fixed by law,
					 the passage to the executor of that portion of the bequest or devise which is
					 equal to his statutory compensation fixed by Section
					 901 of the
					 Probate Code is exempt from the Inheritance Tax Law.
NOTE: As to the deduction of executor's fees in determining
					 the clear market value of property, see Section
					 13988.
NOTE: Reference: Section
					 13603,
					 Revenue and Taxation Code.