Title 32, Taxation and Finance

§ 6062. Number and identity of claimants; apportionment [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) In the case of a renter credit claim, the claimant shall have rented property for the right of oc…

§ 6063. Claim as personal; credit and exemption amount at time of transfer [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) The right to file a claim under this chapter is personal to the claimant and s…

§ 6064. Claim applied against outstanding liabilities The amount of any property tax credit resulting under this chapter may be applied by the Commissioner, beginning July 1 of the calendar year in which the claim is filed, against any State tax liability outstanding against the …

§ 6065. Forms; tables; notices [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) In administering this chapter, the Commissioner shall provide suitable claim forms with tables of allowable claims, instru…

§ 6066. Computation of homestead property tax exemption, municipal property tax credit, and renter credit [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a)(1) An eligible claimant who owned the homestead…

§ 6066a. Determination of homestead property tax exemption and municipal property tax credit [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) Annually, the Commissioner shall determine the homestead pro…

§ 6067. Claim limitations [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) Claimant. Only one individual per household per taxable year shall be entitled to a homestead exemption claim or property tax c…

§ 6068. Application and time for filing [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) A homestead property tax exemption or municipal property tax credit claim or request for allocation of an income …

§ 6069. Landlord certificate (a) On or before January 31 of each year, the owner of land rented as a portion of a homestead in the prior calendar year shall furnish a certificate of rent to the Department of Taxes and to each claimant who owned a portion of the homestead and rent…

§ 6070. Disallowed claims [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] A claim shall be disallowed if the claimant received title to the claimant’s homestead primarily for the purpose of receiving benef…

§ 6071. Excessive and fraudulent claims [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] (a) In any case in which it is determined under the provisions of this title that a claim is or was excessive and was…

§ 6072. Appeals Any person aggrieved by the denial, in whole or in part, of relief claimed under this chapter, except when the denial is based upon late filing of claim for relief, may appeal to the Commissioner by filing a petition of appeal within 60 days after the denial. This…

§ 6073. Rules of the Commissioner [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] The Commissioner may, from time to time, adopt, amend, and withdraw rules interpreting and implementing this chapter. (Adde…

§ 6074. Amendment of certain claims [Effective July 1, 2029 if contingency met; see also 32 V.S.A. chapter 154 effective until contingency met, set out above] At any time within three years after the date for filing claims under subsection 6068(a) of this chapter, a claimant who …

§ 7101. Definitions As used in this chapter, the following words or phrases shall mean and include: (1) “Death taxes,” estate taxes, inheritance taxes, succession taxes, taxes upon transfers made in contemplation of death, or any tax that arises because an individual has deceased…

§ 7102. Agreement to arbitrate When the Commissioner of Taxes claims that a decedent was domiciled in this State at the time of his or her death and the taxing authorities of another state or states make a like claim on behalf of their state or states, the Commissioner of Taxes m…

§ 7103. Hearing The Board shall hold hearings at such times and places as it may determine, upon reasonable notice to the parties to the agreement all of whom shall be entitled to be heard, to present evidence and to examine and cross-examine witnesses.

§ 7104. Powers of Board The Board shall have power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of books, papers, and documents, and issue Commissions to take testimony. Subpoenas may be signed by any member of the Board…

§ 7105. Determination of domicile The Board shall, by majority vote, determine the domicile of the decedent at the time of his or her death. This determination shall be final for purposes of imposing and collecting death taxes, but for no other purpose.

§ 7106. Majority vote Except as provided in section 7104 of this title in respect of the issuance of subpoenas, all questions arising in the course of the proceeding shall be determined by majority vote of the Board.

§ 7107. Filing of determination, record, and other documents The Commissioner of Taxes, the Board, or the executor or administrator shall file the determination of the Board as to domicile, the record of the Board’s proceedings, and the agreement, or a duplicate, made pursuant to…

§ 7108. Compromise by parties Nothing contained herein shall prevent at any time a written compromise, if otherwise lawful, by all parties to the agreement made pursuant to section 7102 of this title, fixing the amounts to be accepted by this State and any other state involved in…

§ 7109. Compensation of Board and employees The compensation and expenses of the members of the Board and its employees may be agreed upon among such members and the executor or administrator and, if they cannot agree, shall be fixed by the proper Probate Division of the Superior…

§ 7110. Reciprocal application This chapter shall apply only to cases in which each of the states involved has a law identical with or substantially similar to this chapter.

§ 7111. Uniform interpretation This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

§ 7201. Definitions As used in this chapter, the following words or phrases shall mean and include: (1) “Death taxes,” estate taxes, inheritance taxes, succession taxes, taxes upon transfers made in contemplation of death, or any tax which arises because an individual has decease…

§ 7202. Agreement; filing; interest and penalties When the Commissioner of Taxes claims that a decedent was domiciled in this State at the time of his or her death and the taxing authorities of another state or states make a like claim on behalf of their state or states, the Comm…

§ 7203. Uniform interpretation This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

§ 7301. Definitions As used in this chapter: (1) “Estate” means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this State. (2) “Person” means any individual, partnership, association, joint stock company, corporati…

§ 7302. Apportionment Unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment shall be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of …

§ 7303. Procedure for determining apportionment (a) The Probate Division of the Superior Court having jurisdiction over the administration of the estate of a decedent shall determine the apportionment of the tax. If there are no probate proceedings, the Probate Division of the Su…

§ 7304. Method of proration (a) The fiduciary or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon its distribution to him or her, the amount of tax attribut…

§ 7305. Allowance for exemptions, deductions, and credits (a) In making an apportionment, allowances shall be made for any exemptions granted, any classification made of persons interested in the estate, and for any deductions and credits allowed by the law imposing the tax. (b) …

§ 7306. No apportionment between temporary and remainder interests No interest in income and no estate for years or for life or other temporary interest in any property or fund shall be subject to apportionment as between the temporary interest and the remainder. The tax on the t…

§ 7307. Exoneration of fiduciary Neither the fiduciary nor other person required to pay the tax shall be under any duty to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of …

§ 7308. Action by nonresident; reciprocity Subject to this section, a fiduciary acting in another state or a person required to pay the tax who is a resident in another state may institute an action in the courts of this State and may recover a proportionate amount of the federal…

§ 7309. Short title This chapter may be cited as the Uniform Estate Tax Apportionment Act. (Added 1975, No. 240 (Adj. Sess.), § 11.)

§ 7401. Purpose (a) This chapter is intended to conform the Vermont estate tax laws with the estate and gift tax provisions of the U.S. Internal Revenue Code, except as otherwise expressly provided, in order to simplify the taxpayer’s filing of returns, reduce the taxpayer’s acco…

§ 7402. Definitions As used in this chapter unless the context requires otherwise: (1) “Commissioner” means the Commissioner of Taxes appointed under 3 V.S.A. § 2251. (2) “Executor” means the executor or administrator of the estate of the decedent or, if there is no executor or a…

§ 7441. Name of tax The tax imposed by this subchapter shall be known as the Vermont estate tax. (Added 1969, No. 269 (Adj. Sess.), § 1, eff. date, see note under § 7401 of this title.)

§ 7442a. Imposition of a Vermont estate tax and rate of tax (a) A tax is hereby imposed on the transfer of the estates of decedents as prescribed by this chapter. (b) The tax shall be computed as follows. The following rates shall be applied to the Vermont taxable estate: The res…

§ 7443. Estate tax reduction for estate of a farmer The amount of tax determined under section 7442a of this chapter on an estate that qualifies for installment payment of estate taxes under 26 U.S.C. § 6166, and in which the closely held business is the business of farming in Ve…

§ 7444. Return by executor (a) An executor shall submit a Vermont estate tax return to the Commissioner, on a form prescribed by the Commissioner, when a decedent has an interest in property with a situs in Vermont and one or both of the following apply: (1) a federal estate tax …

§ 7445. Copies of federal estate tax returns to be filed It shall be the duty of the executor of every person who may die a resident of Vermont or a nonresident with real estate or tangible personal property having an actual situs in Vermont to file with the Commissioner a duplic…

§ 7446. When returns to be filed The estate tax return required under section 7444 of this title shall be filed within nine months of the death of the decedent. Prior to expiration of the filing period, executors may apply for a six-month extension. (Added 1969, No. 269 (Adj. Ses…

§ 7447. When tax payable The tax imposed by this subchapter shall be due and payable by the executor at the time the Vermont estate tax return is required to be filed under section 7446 of this title, without extension. (Added 1969, No. 269 (Adj. Sess.), § 1, eff. date, see note …