PURPOSE: The purpose of this rule is to inform the public that the Missouri estate tax is equal to the amount of the state death tax credit allowed or allowable by IRC (Internal Revenue Code) Section 2011 attributable to property having a Missouri tax situs. This regulation is applicable to decedents dying on or after January 1, 1981.

1. (1) The Missouri estate tax is equal to the amount of state death tax credit as determined by IRC Section 2011 subject to apportionment as provided in section 145.041, RSMo (1986) for estates having property with a non- Missouri tax situs.

2. (2) The Missouri estate tax is not reduced or eliminated by the following credits allowed by the IRC for purposes of determining the federal estate tax:

   1. (A) Credit for federal gift taxes on pre- 1977 gifts (IRC Section 2012);
   2. (B) Credit for foreign death taxes (IRC Section 2014);
   3. (C) Credit for tax on prior transfers (IRC Section 2013).
3. (3) Failure to claim the state death tax credit for federal estate tax purposes does not eliminate or excuse the payment of the Missouri estate tax.

AUTHORITY: sections 145.011, 145.041 and 145.961, RSMo 1986.* Original rule filed Aug. 23, 1988, effective Dec. 29, 1988. *Original authority: 145.011, RSMo 1980; 145.041, RSMo 1980; and 145.961, RSMo 1980.