Ohio Revised Code Search
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Section 5731.131 | Value of gross estate includes income interest for life where marital deduction allowable.
...a resident of this state at the time of death and if a marital deduction was allowed with respect to the transfer of such property to the decedent under section 2056(b)(7) of the Internal Revenue Code, in connection with the determination of the value of the taxable estate of the decedent's predeceasing spouse; (C) If the decedent's predeceasing spouse died prior to July 1, 1993, and if a marital deduction was allow... |
Section 5731.17 | Deductions - charitable bequests and transfers.
... (B) If, as of the date of a decedent's death, any bequest, legacy, devise or transfer for any of the purposes specified in division (A) of this section is dependent upon the performance of some act or the happening of a precedent event in order that it might become effective, no deduction is allowable unless the possibility that such bequest, legacy, devise or transfer will not become effective is so remote as to be... |
Section 5731.18 | Additional estate tax transfer of estate.
...after July 1, 1968, who, at the time of death was a resident of this state, in an amount equal to the maximum credit allowable by subtitle B, Chapter 11 of the Internal Revenue Code, for any taxes paid to any state. (B) The tax levied on any estate under this section shall be credited with the amount of the tax levied under section 5731.02 of the Revised Code and with the amount of any estate, inheritance, legacy, o... |
Section 5731.181 | Additional tax on generation-skipping transfer.
...e same time as, and as a result of, the death of an individual, in an amount equal to the credit allowed by Chapter 13 of subtitle B of the Internal Revenue Code, for any taxes paid to any state in respect of any property included in the generation-skipping transfer. For purposes of this division, "property having a situs in this state" includes all the following: (1) Real property situated in this state; (2) Tang... |
Section 5731.19 | Estate tax on nonresidents.
...e January 1, 2013, who, at the time of death, was not a resident of this state, as consists of real property situated in this state, tangible personal property having an actual situs in this state, and intangible personal property employed in carrying on a business within this state unless exempted from tax under the provisions of section 5731.34 of the Revised Code. (B) The amount of the tax on such real and... |
Section 5731.37 | Taxes are lien on property.
...rty for four years after the decedent's death, unless it is earlier discharged. The tax commissioner may issue a certificate of subordination of any lien imposed by this division upon any part of the property subject to the lien, if the tax commissioner determines that the state will be adequately secured after the subordination. |
Section 5731.38 | Statute of limitations.
... ten years after the date of decedent's death. In the event there is litigation pending at the expiration of such three-year period for the determination or collection of any such tax, including interest or penalties thereon, the liability for the payment thereof continues until the expiration of one year after final determination of such litigation. |
Section 5739.17 | Vendor's license.
... In the dissolution of a partnership by death, the surviving partner may operate under the license of the partnership for a period of sixty days. (2) The heirs or legal representatives of deceased persons, and receivers and trustees in bankruptcy, appointed by any competent authority, may operate under the license of the person so succeeded in possession. (3) Two or more persons who are not partners may operate a... |
Section 5743.15 | Cigarette license required - application - cigarette tax enforcement fund.
...ion. On dissolution of a partnership by death, the surviving partner may operate under the license of the partnership until expiration of the license, and the heirs or legal representatives of deceased persons, and receivers and trustees in bankruptcy appointed by any competent authority, may operate under the license of the person succeeded in possession by such heir, representative, receiver, or trustee in bankrupt... |
Section 5743.61 | License required for distribution of tobacco or vapor products - suspension of license.
... On the dissolution of a partnership by death, the surviving partner may operate under the license of the partnership until the expiration of the license, and the heirs or legal representatives of deceased persons, and receivers and trustees in bankruptcy appointed by any competent authority, may operate under the license of the person succeeded in possession by the heir, representative, receiver, or trustee in bankr... |
Section 5747.11 | Refunds - interest.
...ion, including a copy of the taxpayer's death certificate and any fiduciary or court documents, that the tax commissioner considers necessary to prove that the person making the request is qualified to receive the refund. If the request is for a refund that was previously issued in only the decedent's name, the person making the request must also provide the previously issued payment to the commissioner. (C)(1) In... |
Section 5747.24 | Presumption of domicile.
...days after the date of the individual's death. An individual or personal representative of an estate who knowingly makes a false statement under this division is guilty of perjury under section 2921.11 of the Revised Code. (3) The presumption that the individual was not domiciled in this state is irrebuttable unless the statement filed under division (B)(2) of this section is false with respect to the requirements ... |
Section 5747.70 | Deductions for contributions to college savings programs.
...ducation expenses, or the beneficiary's death, disability, or receipt of a scholarship as described in section 3334.10 of the Revised Code: (1) If the distribution or refund is paid to the purchaser or contributor or beneficiary, any portion of the distribution or refund not included in the recipient's federal adjusted gross income shall be added to the recipient's federal adjusted gross income in determining the r... |
Section 5748.01 | School district income tax definitions.
...state of a decedent who, at the time of death, was domiciled in the school district. (G) "School district income" means: (1) With respect to an individual, the portion of the taxable income of an individual that is received by the individual during the portion of the taxable year that the individual is a resident of the school district and the school district income tax is in effect in that school district. An in... |
Section 5801.20 | Definitions.
...ering event" means any event, such as a death, age attainment or other circumstance, that has occurred and that is the basis for a mandatory distribution under the terms of the trust. (I) "Trust-terminating distributions" means distributions that, when completed, will distribute the remaining net assets of a trust and thereby effectively terminate the trust, including any such distributions that are made pursuant t... |
Section 5804.01 | Methods of creation of trusts.
...sition taking effect upon the settlor's death; (B) Declaration by the owner of property that the owner holds identifiable property as trustee; (C) Exercise of a power of appointment in favor of a trustee; (D) A court order. |
Section 5804.18 | When certain trust is irrevocable.
...ciaries of the trust upon the settlor's death. |
Section 5808.13 | Keeping beneficiaries informed - requests - required reports.
...has become irrevocable, whether by the death of the settlor or otherwise, notify the current beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in division (C) of this section; (4) Notify the current beneficiaries in advance of any change in the method or rate of the trust... |
Section 5808.18 | Trustee's power to make distributions in further trust.
...is state at the time of the testator's death, the power to distribute trust income or principal to the trustee of a second trust under division (A) or (B) of this section may be exercised only if approved by the court, if any, that has jurisdiction over the testamentary trust. (L) Divisions (A) and (B) of this section do not apply to either of the following: (1) Any trust during any period that the trust may ... |
Section 5810.05 | Limitations period for action against trustee.
...ccur: (1) The removal, resignation, or death of the trustee; (2) The termination of the beneficiary's interest in the trust; (3) The termination of the trust; (4) The time at which the beneficiary knew or should have known of the breach of trust. (D) Nothing in Chapters 5801. to 5811. of the Revised Code limits the operation of any principle of law or equity, including the doctrines of laches, unclean hands,... |
Section 5810.07 | Reasonable care to ascertain material event.
...ormance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. |
Section 5812.14 | Apportionment when income interest ends.
...ased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust, unless the beneficiary has an unqualified power to revoke more than five per cent of the trust immediately before the income interest ends. If the beneficiary has such power, the undistributed income from the portion of the trust that may b... |
Section 5814.01 | Transfers to minors act definitions.
...ot limited to, any pension, retirement, death benefit, deferred compensation, employment agency, stock bonus, option, or profit-sharing contract, plan, system, account, or trust. (B) "Broker" means a person that is lawfully engaged in the business of effecting transactions in securities for the account of others. A "broker" includes a financial institution that effects such transactions and a person who is lawfully ... |
Section 5814.02 | Subject of gift or transfer.
...essors designated: "In the event of the death or inability or unwillingness to serve of __________________ (name of custodian), or any successor custodian designated hereby, __________________ (name of first successor custodian), followed by __________________ (name of second successor custodian), in the order named, shall serve as successor custodian." |
Section 5814.09 | Delayed time for delivery of custodial property.
..., the custodian shall, upon the minor's death, deliver the custodial property to the estate of the minor. (F) A custodian may not commingle the assets of custodial property that have different delivery dates. |