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California Laws | Revenue and Taxation Code
DIVISION 2. OTHER TAXES
PART 8. PROHIBITION OF GIFT AND DEATH TAXES

(c) The product determined pursuant to subdivision (b) shall be the portion of the maximum state death tax credit allowable which is attributable to property having a situs in California. (11740)

13304. In a case where the gross estate of a decedent includes property having a situs in this state, and includes other property having a situs in another state, or other states, the portion of the maximum state death tax credit allowable against the federal estate tax on the total estate by the federal estate tax law that is attributable to the property having a situs in California shall be determined in the following manner: (11741)

(a) For the purpose of apportioning the maximum state death tax credit, the gross value of the property shall be that value finally determined for federal estate tax purposes. (11742)

(b) The maximum state death tax credit allowable shall be multiplied by the percentage which the gross value of property having a situs in California bears to the gross value of the entire estate subject to federal estate tax. (11743)

(c) The product determined pursuant to subdivision (b) shall be the portion of the maximum state death tax credit allowable that is attributable to property having a situs in California. (11744)

CHAPTER 2. DEFINITIONS (13401-13411) (11745)(Text)

13401. Except where the context otherwise requires, the definitions given in this chapter govern construction of this part. (11746)

13402. "Estate" or "property" means the real or personal property or interest therein included in the gross estate of a decedent or transferor, and includes all of the following: (11747)

(a) All intangible personal property included in the gross estate of a resident decedent within or without the state or subject to the jurisdiction thereof. (11748)

(b) All intangible personal property in California included in the gross estate of a nonresident decedent of the United States, including all stock of a corporation organized under the laws of California or which has its principal place of business or does the major part of its business in California or of a federal corporation or national bank which has its principal place of business or does the major part of its business in California, excluding, however, savings accounts in savings and loan associations operating under the authority of the Division of Savings and Loan or the Federal Home Loan Bank board and bank deposits, unless those deposits are held and used in connection with a business conducted or operated, in whole or in part, in California. (11749)

13403. "Personal representative" means the personal representative of the decedent or, if there is no personal representative appointed, qualified and acting within this state, any person who is in actual or constructive possession of any property included in the gross estate of the decedent. (11750)

13404. "Transfer" means the inclusion of any property or other interest included in the gross estate of a decedent. (11751)

13405. "Decedent" or "transferor" means any person whose death gives rise to a transfer. (11752)

13406. "Transferee" means any person to whom a transfer is made, and includes any legatee, devisee, heir, next of kin, grantee, donee, vendee, assignee, successor, survivor, or beneficiary. (11753)

13407. "Resident" or "resident decedent" means a decedent who was domiciled in California at his or her death. (11754)

13408. "Nonresident" or "nonresident decedent" means a decedent who was domiciled outside of California at his or her death. (11755)

13409. "Gross estate" means "gross estate" as defined in Section 2031 of the United States Internal Revenue Code of 1954, as amended or renumbered. (11756)

13410. "Taxable estate" means the "taxable estate" as defined in Section 2051 of the United States Internal Revenue Code of 1954, as amended or renumbered. (11757)

13411. "Federal credit" means the maximum amount of the credit for state death taxes allowed by Section 2011 of the United States Internal Revenue Code of 1954, as amended or renumbered in respect to a decedent's taxable estate. (11758)

CHAPTER 3. RETURNS (11759)(Text)

Article 1. Estate Tax Return (13501-13504) (11760)(Text)

13501. The personal representative of every estate subject to the tax imposed by this part who is required to file a federal estate tax return shall file with the Controller on or before the federal estate tax return is required to be filed both of the following: (11761)

(a) A return for the tax due under this part. (11762)

(b) A true copy of the federal estate tax return. (11763)

13502. If the personal representative has obtained an extension of time for filing the federal estate tax return, the filing required by Section 13501 shall be similarly extended until the end of the time period granted in the extension of time for the federal estate tax return. A true copy of the federal extension shall be filed with the Controller. (11764)

13503. If the personal representative files an amended federal estate tax return, he or she shall immediately file with the Controller an amended return with a true copy of the amended federal estate tax return. If the personal representative is required to pay an additional tax under this part pursuant to the amended return, he or she shall pay that additional tax, together with any interest as provided in Section 13550 at the same time the amended return is filed. (11765)

13504. Upon final determination of the federal estate tax due, the personal representative shall, within 60 days after that determination, give written notice of it to the Controller. If any additional tax is due under this part by reason of this determination, the personal representative shall pay the same, together with interest as provided in Section 13550, at the same time he or she files the notice. (11766)

Article 2. Penalties (13510) (11767)(Text)

13510. If the return provided for in Section 13501 is not filed within the time period specified therein or the extension specified in Section 13502, then the personal representative shall pay, in addition to the interest provided in Section 13550, a penalty equal to 5 percent of the tax due pursuant to this part, as finally determined, for each month, or portion thereof, during which that failure to file continues, not exceeding 25 percent in the aggregate, unless it is shown that such failure is due to reasonable cause. If a similar penalty for failure to timely file the federal estate tax return is waived, that waiver shall be deemed to constitute reasonable cause for purposes of this section. (11768)

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