Texas Estates Code 124.010 – Effect of Extension or Deficiency in Payment of Estate Taxes; Liability of Representative
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(a) If the date for the payment of any portion of an estate tax is extended:
(1) the amount of the extended tax shall be apportioned to the persons who receive the specific property that gives rise to the extension; and
(2) those persons are entitled to the benefits and shall bear the burdens of the extension.
(b) Except as provided by Subsection (c), interest on an extension of estate tax and interest and penalties on a deficiency shall be apportioned equitably to reflect the benefits and burdens of the extension or deficiency and of any tax deduction associated with the interest and penalties.
Terms Used In Texas Estates Code 124.010
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Property: means real and personal property. See Texas Government Code 311.005
(c) A representative shall be charged with the amount of any penalty or interest that is assessed due to delay caused by the representative’s negligence.