Florida Sample Letter to State Tax Commission concerning Decedent's Estate
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FAQ
Any Florida resident who died on or after January 1, 2005, no longer owed any estate tax to the state. The Florida Constitution now forbids an estate tax or inheritance tax from becoming a thing.
Even though Florida doesn't have an estate tax, you might still owe the federal estate tax, which kicks in at $12.06 million for 2022 and $12.92 million in 2023. What this means is that estates worth less than $12.92 million won't pay any federal estate taxes at all.
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 ...
Florida tax is imposed only on those estates subject to federal estate tax filing requirements and entitled to a credit for state death taxes (Chapter 198, F.S.). Estate tax is not due if a federal estate tax return (Form 706 or 706-NA) is not required to be filed.
There is no inheritance tax in Florida. An inheritance tax is a tax based on how much you own when you die. Even though Florida does not have an inheritance tax, you may still have to pay a federal inheritance tax.
This letter indicates that the state estate tax return has been reviewed and accepted by the taxing authority. The document may also be required to clear any estate tax liens placed against a property. Once taxes are paid, and the lien is satisfied, the property can be transferred to beneficiaries.
Form DR-312 is admissible as evidence of nonliability for Florida estate tax and will remove the Department's estate tax lien. The Florida Department of Revenue will no longer issue Nontaxable Certificates for estates for which the DR-312 has been duly filed and no federal Form 706 or 706-NA is due.
