PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-07-133.
Title of Rule: Chapter 458-57 WAC, State of Washington Estate and Transfer Tax Reform Act.
Purpose: To explain the application of Washington's estate tax program.
Statutory Authority for Adoption: RCW 83.100.200.
Statute Being Implemented: Chapter 83.100 RCW.
Summary: The Internal Revenue Service administers the federal regulations concerning the federal estate tax. Washington's estate tax program coordinates with and generally complements the federal program. Washington's estate tax liability is limited to the credit provided in the federal statutes for estate tax liabilities imposed by the states. The proposed rules for chapter 458-57 WAC explain the provisions of Washington's estate tax program and provide examples to help explain how these provisions apply.
Reasons Supporting Proposal: To incorporate provisions of chapter 64, Laws of 1988, and chapter 149, Laws of 1996, and chapter 145, Laws of 1997.
Name of Agency Personnel Responsible for Drafting: Pat Moses, 711 Capitol Way South, Suite #303, Olympia, WA, (360) 902-7111; Implementation: Claire Hesselholt, 711 Capitol Way South, Suite #303, Olympia, WA, (360) 753-3446; and Enforcement: Gary O'Neil, 2735 Harrison N.W., Building 4, Olympia, WA, (360) 753-2871.
Name of Proponent: Department of Revenue, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The department proposes replacing the existing seventeen rules in chapter 458-57 WAC with five new rules. The new rules will provide the information in a more clear, concise, and logical manner. The information currently provided in chapter 458-57 WAC will be updated. The new rules will incorporate provisions of chapter 149, Laws of 1996 and chapter 145, Laws of 1997, which changed the interest rates and interest calculations that apply to the estate tax program.
The resulting rules will help ensure equitable treatment through consistent application of the underlying statutes.
Proposing the adoption of the following new rules in chapter 458-57 WAC:
| WAC 458-57-005 | Nature of estate tax, definitions. |
| WAC 458-57-015 | Valuation of property, property subject to estate tax, how to calculate the tax. |
| WAC 458-57-025 | Determining the tax liability of nonresidents. |
| WAC 458-57-035 | Washington estate tax return to be filed--Penalty for late filing--Interest on late payments--Waiver or cancellation of penalty--Application of payment. |
| WAC 458-57-045 | Administration of the tax--Releases, amended returns, refunds, heirs of escheat estates. |
Proposing the repeal of the following rules in chapter 458-57 WAC:
| WAC 458-57-510 | Scope of rules. |
| WAC 458-57-520 | Nature of estate tax. |
| WAC 458-57-530 | Property subject to estate tax. |
| WAC 458-57-540 | Residents--Tax imposed. |
| WAC 458-57-550 | Valuation. |
| WAC 458-57-560 | Imposition of tax. |
| WAC 458-57-570 | Tax returns to be filed. |
| WAC 458-57-575 | Waiver or cancellation of penalties. |
| WAC 458-57-580 | Formula. |
| WAC 458-57-590 | Property "located in" Washington. |
| WAC 458-57-600 | Reciprocity exemption. |
| WAC 458-57-610 | Releases. |
| WAC 458-57-620 | Amended returns--Final determination. |
| WAC 458-57-630 | Administration--Rules. |
| WAC 458-57-640 | Escheat estates--Heirs--How located and proof. |
| WAC 458-57-650 | Interest and penalties. |
| WAC 458-57-660 | Refunds. |
Proposal Changes the Following Existing Rules: This rule proposes to repeal seventeen existing rules in favor of five new and more comprehensive rules. The seventeen rules being repealed are identified above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule and the proposed amendments do not impose any requirements or burdens upon small businesses that are not already specifically required by statute.
RCW 34.05.328 does not apply to this rule adoption. This rule is an interpretive rule as defined in RCW 34.05.328 (5)(c)(ii).
Hearing Location: Evergreen Plaza Building, 711 Capitol Way, 2nd Floor Conference Room, Olympia, WA, on June 23, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Ginny Dale no later than ten days before the hearing date, TDD 1-800-451-7985, or (360) 586-0721.
Submit Written Comments to: Pat Moses, Department of Revenue, P.O. Box 47467, Olympia, WA 98504-7467, fax (360) 664-0693, e-mail patm@dor.wa.gov, by June 23, 1999.
Date of Intended Adoption: June 30, 1999.
May 19, 1999
Russell W. Brubaker
Assistant Director
Legislative and Policy Division
OTS-3129.1
NEW SECTION
WAC 458-57-005
Nature of estate tax, definitions.
(1) Introduction. This rule describes the nature of Washington state's estate tax as it is imposed by chapter 83.100 RCW (Estate and Transfer Tax Act). It also defines terms that will be used throughout chapter 458-57 WAC (Washington Estate and Transfer Tax Reform Act Rules).
(2) Nature of Washington's estate tax. The estate tax is neither a property tax nor an inheritance tax. It is a tax imposed on the transfer of the entire taxable estate and not upon any particular legacy, devise, or distributive share. Washington's estate tax is structured so that if an estate does not exceed the unified credit allowed by the Internal Revenue Service (IRS), it will not owe any estate tax to the state of Washington. The state tax effectively shifts a portion of the federal estate tax obligation to the state. Details of the federal estate tax can be found in part 20, subchapter B, chapter I, title 26, Code of Federal Regulations (or chapter 11 of subtitle B of the Internal Revenue Code).
The estate tax does not apply to completed absolute lifetime transfers. Section 2035(d) of the Internal Revenue Code generally exempts such transfers. To the extent permitted by this provision, lifetime transfers are not subject to Washington estate tax. The state of Washington does not have a gift tax.
(3) Definitions. The following terms and definitions are applicable throughout chapter 458-57 WAC:
(a) "Decedent" means a deceased individual;
(b) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;
(c) "Escheat" of an estate means that whenever any person dies, whether a resident of this state or not, leaving property in an estate subject to the jurisdiction of this state and without being survived by any person entitled to that same property under the laws of this state, such estate property shall be designated escheat property and shall be subject to the provisions of RCW 11.08.140 through 11.08.280.
(d) "Federal credit" means the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code. This credit is calculated using an "adjusted taxable estate" figure, which is simply the taxable estate, less sixty thousand dollars. However, when the term "federal credit" is used in reference to a generation-skipping transfer (GST), it means the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;
(e) "Federal return" means any tax return required by chapter 11 (Estate tax) or chapter 13 (Tax on generation-skipping transfers) of the Internal Revenue Code;
(f) "Federal tax" means tax under chapter 11 (Estate tax) of the Internal Revenue Code. However, when used in reference to a GST, "federal tax" means the tax under chapter 13 (Tax on generation skipping transfers) of the Internal Revenue Code;
(g) "Generation-skipping transfer" or "GST" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;
(h) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;
(i) "Internal Revenue Code" or "IRC" means the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, 1995;
(j) "Nonresident" means a decedent who was domiciled outside Washington at the time of death;
(k) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;
(l) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate, a transferor, trustee, or beneficiary of a generation-skipping transfer, or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;
(m) "Person responsible," means the person responsible for filing the federal and state returns and is the same person described in subsection (l) above;
(n) "Property," when used in reference to an estate tax transfer, means property included in the gross estate. However, when used in reference to a generation-skipping transfer, "property" means all real and personal property subject to the federal tax;
(o) "Resident" means a decedent who was domiciled in Washington at time of death;
(p) "State return" means the Washington Estate Tax Return required by RCW 83.100.050;
(q) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A of the Internal Revenue Code; and
(r) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code.
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(1) Introduction. This rule is intended to help taxpayers determine and pay the correct amount of estate tax with their state return. It explains the necessary steps for determining the tax, and provides examples of how the federal estate tax unified credit relates to the amount that must be reported on the state return. (If a nonresident decedent has property located within Washington at the time of death refer to WAC 458-57-025 to determine the amount of tax payable to Washington.)
(2) Valuation. The value of every item of property in a decedent's gross estate is its fair market value. However, the personal representative may elect to use the alternate valuation method under section 2032 of the Internal Revenue Code (IRC), and in that case the value is the fair market value at that date, including the adjustments prescribed in that section of the IRC.
The valuation of certain farm property and closely held business property, properly made for federal estate tax purposes pursuant to an election authorized by section 2032A of the IRC, is binding for state estate tax purposes.
(3) Property subject to estate tax. The estate tax is imposed on transfers of the taxable estate, as defined in section 2051 of the IRC.
(a) The first step in determining the value of the decedent's taxable estate is to determine the total value of the gross estate. The value of the gross estate includes the value of all the decedent's tangible and intangible property at the time of death. In addition, the gross estate may include property in which the decedent did not have an interest at the time of death. A decedent's gross estate for federal estate tax purposes may therefore be different from the same decedent's estate for local probate purposes. Sections 2031 through 2046 of the IRC provide a detailed explanation of how to determine the value of the gross estate. The following are examples of items that may be included in a decedent's gross estate and not in the probate estate:
(i) Certain property transferred by the decedent during the decedent's lifetime without adequate consideration;
(ii) Property held jointly by the decedent and others;
(iii) Property over which the decedent had a general power of appointment;
(iv) Proceeds of certain policies of insurance on the decedent's life annuities; and
(v) Dower and curtesy of a surviving spouse or a statutory estate in lieu thereof.
(b) The value of the taxable estate is determined by subtracting the authorized exemption and deductions from the value of the gross estate. Under various conditions and limitations, deductions are allowable for expenses, indebtedness, taxes, losses, charitable transfers, and transfers to a surviving spouse. Sections 2051 through 2056A of the IRC provide a detailed explanation of how to determine the value of the taxable estate.
(4) Imposition of Washington's estate tax. A tax in an amount equal to the federal credit is imposed by RCW 83.100.030 upon the taxable estate of every decedent. Washington's estate tax is due in every case in which the federal estate tax exceeds the unified credit and there is credit available to be taken, with the exception that all applicable federal estate tax credits are to be applied to the estate's federal tax liability before the state estate tax liability is computed. In no event will an estate pay more than the amount of the credit available to be taken.
(a) The following table is taken from the IRC. It shows the maximum amount of federal credit available for state death taxes. The amount of federal credit computed is also the amount of Washington estate tax due.
| (A)--Taxable estate, equal to or more than... | (B)--and, Taxable estate, less than... | (C)--Base credit on amount in column (A) | (D)--Rate of
credit on
excess over
amount in
column (A)
(AS A
PERCENT) |
| $ 0 | $ 40,000 | $ 0 | 0.0 |
| $ 40,000 | $ 90,000 | $ 0 | 0.8 |
| $ 90,000 | $ 140,000 | $ 400 | 1.6 |
| $ 140,000 | $ 240,000 | $ 1,200 | 2.4 |
| $ 240,000 | $ 440,000 | $ 3,600 | 3.2 |
| $ 440,000 | $ 640,000 | $ 10,000 | 4.0 |
| $ 640,000 | $ 840,000 | $ 18,000 | 4.8 |
| $ 840,000 | $ 1,040,000 | $ 27,600 | 5.6 |
| $ 1,040,000 | $ 1,540,000 | $ 38,800 | 6.4 |
| $ 1,540,000 | $ 2,040,000 | $ 70,800 | 7.2 |
| $ 2,040,000 | $ 2,540,000 | $ 106,800 | 8.0 |
| $ 2,540,000 | $ 3,040,000 | $ 146,800 | 8.8 |
| $ 3,040,000 | $ 3,540,000 | $ 190,800 | 9.6 |
| $ 3,540,000 | $ 4,040,000 | $ 238,800 | 10.4 |
| $ 4,040,000 | $ 5,040,000 | $ 290,800 | 11.2 |
| $ 5,040,000 | $ 6,040,000 | $ 402,800 | 12.0 |
| $ 6,040,000 | $ 7,040,000 | $ 522,800 | 12.8 |
| $ 7,040,000 | $ 8,040,000 | $ 650,800 | 13.6 |
| $ 8,040,000 | $ 9,040,000 | $ 786,800 | 14.4 |
| $ 9,040,000 | $ 10,040,000 | $ 930,800 | 15.2 |
| $ 10,040,000 | . . . . . . . . | $ 1,082,800 | 16.0 |
(i) A married woman dies, leaving her husband and children surviving. Her taxable estate, computed after allowance of the marital deduction, is $700,000. The adjusted taxable estate is $640,000 ($700,000 - $60,000). The Washington state estate tax due is $18,000 (the base credit shown in column (C) on the first $640,000).
(ii) A married man dies with all of his property passing to his wife, outright under a community property agreement. His marital deduction under section 2056 of the IRC reduces his federal taxable estate to zero. Because his taxable estate is zero, no Washington estate tax is due.
(iii) The federal taxable estate of a recent decedent is $100,000. The adjusted taxable estate is $40,000 ($100,000 - $60,000). No Washington estate tax is due. Section 2011 of the IRC provides for no credit unless the adjusted taxable estate exceeds $40,000.
(iv) One year before a widower's death, he makes an absolute transfer of almost all of his property to his son. The widower's federal tax liability was computed on the basis of an "adjusted taxable gifts" value of $750,000 (the amount of the transfer to the son) and a taxable estate of $3,000 (the remainder of the widower's estate). Since no federal credit is available on an estate valued at $3,000, no Washington estate tax is due, and there is no Washington gift tax.
(v) A widow dies, leaving a taxable estate of $290,000. The amount of tax payable to the state of Washington, equivalent to the federal death tax credit, is computed as follows: Taxable estate of $290,000, less $60,000, equals an adjusted taxable estate of $230,000. The unified credit (IRC Section 2011) on the first $140,000 is $1,200. The credit for the $90,000 increment ($230,000 - $140,000) is $2,160 (2.4% of $90,000). The total Washington estate tax liability is $3,360 ($1,200 + $2,160).
(vi) A widower dies, leaving a taxable estate of $678,000. The amount of tax payable to the state of Washington, equivalent to the federal credit for state death taxes (section 2011 of the IRC), is computed as follows: Taxable estate of $678,000, less $60,000, equals an adjustable taxable estate of $618,000. The table in subsection (4)(a) of this rule shows that the federal credit for state death taxes on the first $440,000 is $10,000. The credit for the $178,000 increment ($618,000 - $440,000) is $7,120 (.04 x $178,000). The total Washington estate tax liability appears to be $17,120 ($10,000 + $7,120).
However, when the person responsible calculates the federal estate tax and files the federal estate tax return for this widower's estate, he/she is able to apply other applicable federal estate tax credits before any of the credit for state death taxes is applied. In the end, only $10,360 of the credit for state death taxes is applied to the federal estate tax, which leaves no payment due on the federal return. Since the amount of state estate tax liability cannot exceed the amount of state death tax credit actually applied to the federal tax, the amount of state estate tax due on the state return is limited to $10,360.
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(1) Introduction. This rule discusses how property of nonresident decedents is taxed if that property is located within Washington at the time of death.
(2) Nonresident decedents and Washington's estate tax. If any decedent has tangible personal property and/or real property located in Washington state at the time of death, that property is subject to Washington's estate tax.
(a) The reciprocity exemption. A nonresident decedent's estate is exempt from Washington's estate tax if the nonresident's state of domicile exempts the property of Washington residents from estate, inheritance, or other death taxes normally imposed by the domicile state. The nonresident decedent must have been a citizen and resident of the United States at the time of death. Also, at the time of death the laws of the domicile state must have made specific reference to this state, or must have contained a reciprocal provision under which nonresidents of the domicile state were exempted from applicable death taxes with respect to property or transfers otherwise subject to the jurisdiction of that state.
In those instances where application of this provision results in loss of available federal credit which would otherwise be allowed for federal tax purposes, Washington will absorb that proportional share which is applicable to property within the jurisdiction of this state. Application of this provision will not act to increase the total tax obligation of the estate.
(b) Property of a nonresident's estate which is located in Washington. A nonresident decedent's estate may have either real property or tangible personal property located in Washington at the time of death.
(i) All real property physically situated in this state, with the exception of federal trust lands, and all interests in such property, are deemed "located in" Washington. Such interests include, but are not limited to:
(A) Leasehold interests;
(B) Mineral interests;
(C) The vendee's (but not the vendor's) interest in an executory contract for the purchase of real property;
(D) Trusts (beneficial interest in trusts of realty); and
(E) Decedent's interest in jointly owned property (e.g., tenants in common, joint with right of survivorship).
(ii) Tangible personal property of a nonresident decedent shall be deemed located in Washington only if:
(A) At the time of death the property is situated in Washington; and
(B) It is present for a purpose other than transiting the state.
(iii) For example, consider a nonresident decedent who was a construction contractor doing business as a sole proprietor. The decedent was constructing a large building in Washington. At the time of death, any of the decedent's equipment that was located at the job site in Washington, such as tools, earthmovers, bulldozers, trucks, etc., would be deemed located in Washington for estate tax purposes. Also, the decedent had negotiated and signed a purchase contract for speculative property in another part of Washington. For estate tax purposes, that real property should also be considered a part of the decedents' estate located in Washington.
(c) Formula to calculate Washington's estate tax for nonresident decedents. The amount of tax payable to Washington for a nonresident decedent equals the amount of federal credit multiplied by a fraction, the numerator of which is the value of the property located in Washington, and the denominator of which is the value of the decedent's gross estate. Restated: Federal Credit x (Gross Value of Property in Washington/Decedent's Gross Estate)= Amount of Washington Estate Tax Due. This formula uses the gross value determined for federal estate tax purposes of any property located in Washington. No reduction will be allowed for any mortgages, liens, or other encumbrances or debts associated with such property except to the extent allowable in computing the gross estate for federal estate tax purposes.
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(1) Introduction. This rule discusses the due date for filing of Washington's estate tax return and payment of the tax due. It explains that a penalty is imposed on the taxes due with the state return when the return is not filed on or before the due date, and that interest is imposed when the tax due is not paid by the due date. The rule also discusses the limited circumstances under which the law allows the department of revenue to cancel or waive the penalty, and the procedure for requesting that cancellation or waiver.
(2) Filing the state return--Payment of the tax due. The Washington estate tax return (state return) referred to in RCW 83.100.050 and a copy of the federal estate tax return (federal return) must be filed on or before the date that the federal return is required to be filed. The tax due with the state return must be paid on or before the date that the federal estate tax is required to be paid.
(a) Section 6075 of the Internal Revenue Code (IRC) requires that the federal return be filed within nine months after the date of the decedent's death. In the case of any estate for which a federal return must be filed, a state return must be filed with the Washington state department of revenue (department) on or before the date on which the federal return is required to be filed. (This may include a federally granted extension of time for filing. See subsection (2)(b).)
(b) Section 6081 of the IRC permits the granting of a reasonable extension of time for filing the federal return, generally not to exceed six months from the original due date. If a federal extension of the time to file is granted, the personal representative is required to file a true copy of that extension with the department on or before the original due date, or within thirty days of the issuance of the federal extension, whichever is later. RCW 83.100.050(2). If the personal representative fails to do so, the department may require the personal representative to file the state return on the date that the federal return would have been due had the federal extension not been granted.
(c) When the personal representative obtains an extension of time for payment of the federal tax, or elects to pay that tax in installments, the personal representative may choose to pay the state estate tax over the same time period and in the same manner as the federal tax. The personal representative is required to file a true copy of that extension with the department on or before the original due date, or within thirty days of the issuance of the federal extension, whichever is later. RCW 83.100.060(2). If the personal representative fails to do so, the department may require the personal representative to pay the state tax on the date that the federal tax would have been due had the federal extension not been granted.
(d) The department shall issue a release when Washington's estate tax has been paid. Upon issuance of a release, all property subject to the tax shall be free of any claim for the tax by the state. RCW 83.100.080.
(3) The late filing penalty. If the state return is not filed by the due date, or any extension of the state return's due date, the person required to file the federal return shall pay a penalty equal to five percent of the tax due for each month the report has not been filed. RCW 83.100.070. The total penalty may not exceed twenty-five percent of the tax. The penalty is the equivalent of five percent for each month, but is accrued on a daily basis for those periods less than a month. For any portion of a month, it is calculated by taking the five percent monthly rate and dividing it by the number of days from the beginning of the month through the date the return is filed, including the filing date.
(a) For example, assume a state return is due on February 3rd but is not filed until April 20th of the same year. The state return is delinquent starting with February 4th. The amount of tax due with the state return is $10,000. The penalty should be computed as follows:
| Feb 4-Mar 3 | $10,000 tax at 5% per month | $500.00 |
| Mar 4-Apr 3 | $10,000 tax at 5% per month | $500.00 |
| Apr 4-Apr 20 | $10,000 tax at .1667% x 17 days | $283.39 |
| | ||
| Total delinquent penalty due on April 20th filing date | $1,283.39 | |
(b) If a federal extension of the due date is requested, the penalty provided for late filing of the state return will be imposed if the state return is filed after the due date and the federal extension is ultimately denied.
(4) Interest is imposed on late payment. The department is required by law to impose interest on the tax due with the state return if payment of the tax is not made on or before the due date. RCW 83.100.070. Interest applies to the delinquent tax only, and is calculated from the due date until the date of payment. Interest imposed for periods after December 31, 1996, will be computed at the annual variable interest rate described in RCW 82.32.050(2). Interest imposed for periods prior to January 1, 1997, will be computed at the rate of twelve percent per annum.
(5) Waiver or cancellation of penalties. RCW 83.100.070(3) authorizes the department to waive or cancel the penalty for late filing of the state return under limited circumstances.
(a) Claiming the waiver. A request for a waiver or cancellation of penalties should contain all pertinent facts and be accompanied by such proof as may be available. The request must be made in the form of a letter and submitted to the department's special programs division. The person responsible bears the burden of establishing that the circumstances were beyond the responsible person's control and directly caused the late filing. The department will cancel or waive the late filing penalty imposed on the state return when the delinquent filing is the result of circumstances beyond the control of the person responsible for filing of the state return. The person responsible for filing the state return is the same person who is responsible for filing the federal return.
(b) Circumstances eligible for waiver. In order to qualify for a waiver of penalty the circumstances beyond the control of the person responsible for filing the state return must directly cause the late filing of the return. These circumstances are generally immediate, unexpected, or in the nature of an emergency. Such circumstances result in the person responsible not having reasonable time or opportunity to obtain an extension of their due date (see subsection (2)(b)) or to otherwise timely file the state return. Circumstances beyond the control of the responsible person include, but are not necessarily limited to, the following:
(i) The delinquency was caused by the death or serious illness of the person responsible for filing the state return or a member of the responsible person's immediate family. In order to qualify for penalty waiver, the death or serious illness must directly prevent the person responsible from having reasonable time or opportunity to arrange for timely filing of the state return. Generally, the death or serious illness must have occurred within sixty days prior to the due date, provided that a valid state return is filed within sixty days of the due date.
(ii) The delinquency was caused by an unexpected and unavoidable absence of the person responsible. Generally, this absence must be within sixty days prior to the due date, provided that a valid state return is filed within sixty days of the due date. "Unavoidable absence of the person responsible" does not include absences because of business trips, vacations, personnel turnover, or personnel terminations.
(iii) The delinquency was caused by the destruction by fire or other casualty of estate records necessary for completion of the state return.
(iv) An estate tax return was timely filed, but was filed incorrectly with another state due to an issue of the decedent's domicile.
(v) A Washington estate tax return was properly prepared and timely filed, but was sent to the location for filing of the federal estate tax return.
(6) Waiver or cancellation of interest. Title 83 RCW (Estate Taxation) does not provide any circumstances that allow for waiver of the interest, even though penalty may be waived under limited circumstances (see subsection (5)).
(7) Application of payment towards liability. The department will apply taxpayer payments first to interest, next to penalties, and then to the tax, without regard to any direction of the taxpayer.
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(1) Introduction. This rule contains information on releases issued by the department for state estate taxes paid. It explains how and when an amended state return should be filed, and states the time limit for claiming a refund of overpaid taxes. The rule also gives several requirements for notification to the department when a claimed heir to an escheat estate is located.
(2) Releases. When the state estate taxes have been paid in full, the department will issue a release to the personal representative upon request. The request will include a completed state return and a copy of the completed federal return. The final determination of the amount of taxes due from the estate is contingent on receipt of a copy of the final closing letter issued by the Internal Revenue Service (IRS). The department may require additional information to substantiate information provided by the estate. The release issued by the department will not bind or estop the department in the event of a misrepresentation of facts.
(3) Amended returns. An amended state return must be filed with the department within five days after any amended federal return is filed with the IRS and must be accompanied by a copy of the amended federal return.
(a) Any time that the amount of federal tax due is adjusted or when there is a final determination of the federal tax due the person responsible must give written notification to the department. This notification must include copies of any final examination report, any compromise agreement, the state tax closing letter, and any other available evidence of the final determination.
(b) If any amendment, adjustment or final determination results in additional state estate tax due, interest will be calculated on the additional tax due at the annual variable interest rate described in RCW 82.32.050(2).
(4) Refunds. Claims for refund of taxes overpaid must be initiated within one year of the time the taxes are first paid to the state of Washington. Only the personal representative or the personal representative's retained counsel may make such claim. Any refund issued by the department will include interest at the existing statutory rate defined in RCW 82.32.050(2), computed from the date the overpayment was received by the department until the date it is mailed to the estate's representative. RCW 83.100.130(2).
(5) Heirs of escheat estates. Heirs to an estate may be located after the estate escheats to Washington. The personal representative of an escheat estate or a claimed heir must provide the department with all information and documentary evidence available that supports the heir's claim. All supporting documents must be in the English language when submitted to the department. The English translation of any foreign document shall be authenticated as reasonably required by the department.
(a) In all cases where there is a court hearing or the taking of a deposition on the question of a claimed heir, the personal representative shall give the department twenty days' written notice of such hearing or matter.
(b) The personal representative must give the department at least twenty days' written notice of the hearing on the final account and petition for distribution.
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