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§ 48-12-3 - Nonresident decedents owning real property or personal property having business situs in state; filing duplicate of federal estate tax return; procedure; payment of state estate tax; adj

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O.C.G.A.48-12-3 (2010)48-12-3.Nonresident decedents owning real property or personalproperty having business situs in state; filing duplicate of federalestate tax return; procedure; payment of state estate tax; adjustmentsbased on federal calculation Itshall be the duty of the personal representative of the estate of anyindividual who dies a nonresident of this state but who owns or controlsreal property located in this state or personal property having abusiness situs in this state and whose estate is subject to the filingof a federal estate tax return to file with the commissioner a duplicateof the federal estate tax return which the personal representative isrequired to make to the federal authorities and to pay a tax, includinginterest on the tax, at the time and under the terms and conditions asset forth in Code Section 48-12-2 for the estates of resident decedents.The amount of tax to be paid by the personal representative pursuant tothis Code section shall be that amount which bears the same ratio tothe total state tax credit allowable for federal estate tax purposes asthe value of the property taxable in this state bears to the value ofthe entire gross estate for federal estate tax purposes. If, after thefiling of a duplicate return and the payment of the state estate tax andany interest due on the state estate tax, the amount allowable as acredit for state death taxes as finally determined for federal estatetax purposes by the federal authorities is increased or decreased withrespect to the amount shown on the original return, the personalrepresentative of the estate shall file with the commissioner a copy ofthe documentation received from the federal authorities and such otheror additional documentation as the commissioner may require showing allchanges made in the original return and the increase or decrease in theamount allowable as a credit for state death taxes. The personalrepresentative shall pay any additional tax due plus interest on suchtax or shall receive a refund for any overpayment of the tax plusinterest on the amount of the refund at the time and under the terms andconditions as set forth in Code Section 48-12-2 for the estates ofresident decedents.
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  • O.C.G.A. 48-12-3 (2010)
    48-12-3. Nonresident decedents owning real property or personal property having business situs in state; filing duplicate of federal estate tax return; procedure; payment of state estate tax; adjustments based on federal calculation


    It shall be the duty of the personal representative of the estate of any individual who dies a nonresident of this state but who owns or controls real property located in this state or personal property having a business situs in this state and whose estate is subject to the filing of a federal estate tax return to file with the commissioner a duplicate of the federal estate tax return which the personal representative is required to make to the federal authorities and to pay a tax, including interest on the tax, at the time and under the terms and conditions as set forth in Code Section 48-12-2 for the estates of resident decedents. The amount of tax to be paid by the personal representative pursuant to this Code section shall be that amount which bears the same ratio to the total state tax credit allowable for federal estate tax purposes as the value of the property taxable in this state bears to the value of the entire gross estate for federal estate tax purposes. If, after the filing of a duplicate return and the payment of the state estate tax and any interest due on the state estate tax, the amount allowable as a credit for state death taxes as finally determined for federal estate tax purposes by the federal authorities is increased or decreased with respect to the amount shown on the original return, the personal representative of the estate shall file with the commissioner a copy of the documentation received from the federal authorities and such other or additional documentation as the commissioner may require showing all changes made in the original return and the increase or decrease in the amount allowable as a credit for state death taxes. The personal representative shall pay any additional tax due plus interest on such tax or shall receive a refund for any overpayment of the tax plus interest on the amount of the refund at the time and under the terms and conditions as set forth in Code Section 48-12-2 for the estates of resident decedents.

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