PURPOSE: To inform the public of the procedures to be followed by an estate, which elected to pay the federal estate tax in installments pursuant to I.R.C. section 6166 and to claim refund of any overpaid Missouri estate taxes.
- (1) A personal representative that elects to deduct interest paid on the unpaid portion of estate tax, which is deferred pursuant to an I.R.C. section 6166 election and section 145.551.3., RSMo on its federal estate tax return, shall file a supplemental Missouri estate tax return at the same time a supplemental United States estate tax return is filed.
- (2) The supplemental Missouri estate tax return shall have the words “Supplemental Information” placed on top. The supplemental Missouri estate tax return shall have attached to it a complete copy of the supplemental United States estate tax return.
- (3) The supplemental Missouri estate tax return is not and will not be considered a claim for refund. *Original authority: 145.011, RSMo 1980; 145.041, RSMo
- (4) The personal representative, within nine- 1980; and 145.961, RSMo 1980. ty (90) days of the final determination of the federal state death tax credit, shall file an amended Missouri estate tax return.
- (5) Claims for refund of Missouri estate taxes are not allowed until the federal state death tax credit is finally determined.
- (6) If, after the federal state death tax credit is finally determined, the amount of Missouri estate tax paid exceeds the amount actually due, the personal representative shall file a claim for refund of the overpaid Missouri estate tax. The claim for refund must be filed within one (1) year of the filing of the amended Missouri estate tax return.
AUTHORITY: section 145.961, RSMo 1986.* Original rule filed May 12, 1987, effective Aug. 27, 1987. *Original authority: 145.961, RSMo 1980.