Virginia Probate Tax Return

State:
Virginia
Control #:
VA-LOU-13
Format:
PDF
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Description

Probate Tax Return

Virginia Probate Tax Return is a form used by the Virginia Department of Taxation to collect probate taxes due from the estate of a deceased person. Probate tax is based on the value of the decedent's assets and is typically due within nine months of the decedent's death. There are two types of Virginia Probate Tax Return forms: Form EST-1 and Form EST-2. Form EST-1 is the Virginia Estate Tax Return, which must be filed if the decedent's estate is subject to Virginia estate tax. Form EST-2 is the Virginia Generation-Skipping Transfer Tax Return, which must be filed if the decedent made any gifts or transfers during his or her lifetime that are subject to Virginia's generation-skipping transfer tax.

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FAQ

In general, IRC 6501(a) requires the IRS to assess an estate tax liability within three years after the filing date (or due date, if later) of the estate tax return. When a false or fraudulent return has been filed with the intent to evade tax, the tax may be assessed at any time.

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.

The probate tax is imposed on the probate of most wills and grants of administration, and applies to property in Virginia. No tax is imposed on estates valued at $15,000 or less. The tax does not apply to the following types of property within an estate: Property passing by the exercise of a power of appointment.

Examples of assets that would generate income to the decedent's estate include savings accounts, CDs, stocks, bonds, mutual funds and rental property. A decedent's estate figures its gross income in much the same manner as an individual.

The probate tax is not an inheritance tax or an estate tax. It is a tax imposed on the probate of every will or grant of administration on every estate that exceeds fifteen thousand dollars ($15,000). The state probate tax rate is 10¢ for every $100, or fraction thereof, of the value of the decedent's estate.

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. See Form 1041 instructions for information on when to file quarterly estimated taxes.

The fiduciary of a domestic decedent's estate, trust, or bankruptcy estate files Form 1041 to report: The income, deductions, gains, losses, etc. of the estate or trust. The income that is either accumulated or held for future distribution or distributed currently to the beneficiaries.

Virginia has no estate tax. It is one of 38 states not to levy a tax on an estate of any size.

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Virginia Probate Tax Return