§2058 — Title 26 Internal Revenue Code | U.S. Code

Summary

You can lower the federal estate tax base by subtracting any state or District of Columbia estate, inheritance, legacy, or succession taxes actually paid on property that is in the decedent’s gross estate. Taxes paid for someone else’s estate do not count. You only get the subtraction for taxes actually paid and claimed before the later of: (1) four years after the estate tax return is filed, or (2) if certain post-filing actions apply, the extended deadline. Those actions are a timely Tax Court petition (then 60 days after the Tax Court’s final decision), a payment extension under the payment-extension rules (until that extension ends), or a timely refund/credit claim (then the latest of: 60 days after the IRS sends a certified/registered notice of disallowance, 60 days after a final court decision in a timely suit, or 2 years after a filed waiver-of-disallowance notice).

Title 26, §2058

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of any estate, inheritance, legacy, or succession taxes actually paid to any State or the District of Columbia, in respect of any property included in the gross estate (not including any such taxes paid with respect to the estate of a person other than the decedent).

(b)The deduction allowed by this section shall include only such taxes as were actually paid and deduction therefor claimed before the later of—

(1)4 years after the filing of the return required by section 6018, or

(2)if—

(A)a petition for redetermination of a deficiency has been filed with the Tax Court within the time prescribed in section 6213(a), the expiration of 60 days after the decision of the Tax Court becomes final,

(B)an extension of time has been granted under section 6161 or 6166 for payment of the tax shown on the return, or of a deficiency, the date of the expiration of the period of the extension, or

(C)a claim for refund or credit of an overpayment of tax imposed by this chapter has been filed within the time prescribed in section 6511, the latest of the expiration of—

(i)60 days from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of any part of such claim,

(ii)60 days after a decision by any court of competent jurisdiction becomes final with respect to a timely suit instituted upon such claim, or

(iii)2 years after a notice of the waiver of disallowance is filed under section 6532(a)(3).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of Pub. L. 107–16, set out as an

Effective Date

of 2001 Amendment note under section 2012 of this title.

§2058 State Death Taxes

Summary

Title 26, §2058

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata