Affidavit Of No Estate Tax Due Withholding Tax

Category:
State:
Florida
Control #:
FL-LR012
Format:
Word; 
Rich Text
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Description

This form is used in an estate probate proceeding as a sworn statement that no estate tax is due on a property.
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FAQ

An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedent's adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedent's death, as shown in the table below.

Income tax on income generated by assets of the estate of the deceased. If the estate generates more than $600 in annual gross income, you are required to file Form 1041, U.S. Income Tax Return for Estates and Trusts. An estate may also need to pay quarterly estimated taxes.

For estates of decedents who do not owe Florida tax and that are not required to file a federal estate tax return (federal Form 706 or 706NA), the personal representative may need to complete an Affidavit of No Florida Estate Tax Due (Florida form DR-312) to remove Florida's automatic estate tax lien.

PURPOSE AND EFFECT: The purpose of the proposed amendments to Rule 12C-3.008, F.A.C., is to: (1) require, pursuant to Section 198.32(2), F.S., that Form DR-312 (Affidavit of No Florida Estate Tax Due), be executed by the personal representative of a nontaxable estate and be sworn to before a notary; (2) remove the ...

Where to File Form DR-312 Form DR-312 must be recorded directly with the clerk of the circuit court in the county or counties where the decedent owned property. Do not send this form to the Florida Department of Revenue.

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Affidavit Of No Estate Tax Due Withholding Tax