CHAPTER Rev 1300 LEGACY AND SUCCESSION AND ESTATE TAXES
PART Rev 1301 DEFINITIONS
Rev 1301.01 "Beneficiary"
Source. #5163, eff 6-12-91; rpld and moved by #6259,
eff 5-31-96 (from Rev 1301.02)
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.02 "Bona fide"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.03 "Contemplation of death"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.04 "Current assets"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.05 "Custodian"
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1301.06 "Date of death value"
Source. #5163, eff 6-12-91; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.07 "Decedent"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.08 "Fair market value"
Source. #5163, eff 6-12-91; ss by #6259, eff 5-31-96
(from Rev 1301.13); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.09 "Fiduciary"
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1301.10 "Homestead"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.11 "Joint ownership"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.12 "Legacy"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.13 "Lineal ascendent"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.14 "Lineal descendent"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.15 "Public charity"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1301.16 "Rest and residue"
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1301.17 "Settlor"
Source. #5163, eff 6-12-91; ss by #6259, eff 5-31-96
(from Rev 1301.15); ss by #6525, eff 6-24-97 (from Rev 1301.16), EXPIRED:
6-24-05
Rev 1301.18 "Step child"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97 (from Rev 1301.17),
EXPIRED: 6-24-05
Rev 1301.19 "Succession"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97 (from Rev 1301.18),
EXPIRED: 6-24-05
Rev 1301.20 "Tenancy in common"
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97 (from Rev 1301.19),
EXPIRED: 6-24-05
Rev 1301.21 "Trustee"
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
PART Rev 1302 TAXABLE AND NONTAXABLE PERSONS
Rev 1302.01 Identifying the Taxpayer.
Source. #1726, eff 3-4-81; ss by #2214, eff 12-19-82;
ss by #2883, eff 10-19-84, EXPIRED 10-19-90
New. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1302.02 Joint Ownership.
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1302.03 Taxability of Transfers to Adopted
Children.
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1302.04 Lineal Ascendents and Descendants of
Adopted Children.
Source. #6259, eff 5-31-96 (from Rev 1303.04); ss and
moved by #6525, eff 6-24-97 (from Rev 1302.06), EXPIRED: 6-24-05
Rev 1302.05 Taxability of Transfers to Step Children.
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1302.06
Source. #6259, eff 5-31-96; ss and moved by #6525,
eff 6-24-97 (from Rev 1302.05), EXPIRED: 6-24-05
Rev 1302.07 Common Law Spouse.
Source. #6525, eff 6-24-97 (formerly Rev 1303.05),
EXPIRED: 6-24-05
Rev 1302.08 Qualification as a Public Charity.
Source. #6525, eff 6-24-97 (from Rev 1302.04),
EXPIRED: 6-24-05
PART Rev 1303 VALUATION OF PROPERTY SUBJECT TO TAX
Rev 1303.01 Method of Valuation.
Source. #1726, eff 3-4-81; ss by #2214, eff 12-19-82;
ss by #2883, eff 10-19-84, EXPIRED 10-19-90
New. #5163, eff 6-12-91; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1303.02 Alternate Valuation Date.
Source. #5163, eff 6-12-91; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1303.03 Adjustments to Date of Death Value.
Source. #5163, eff 6-12-91; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1303.04 Jointly Held Property.
Source. #5163, eff 6-12-91; moved by #6259, eff
5-31-96 (from Rev 1303.05); EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
PART Rev 1304 ALLOWABLE AND NON-ALLOWABLE DEDUCTIONS AND
CREDITS
Rev 1304.01 Exclusion for Charitable Gifts.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
amd by #6259, eff 5-31-96; ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1304.02 Executor or Administrator Fees.
Source. #5681, eff 8-5-93; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1304.03 Claims for Care.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1304.04 Expenses Incurred for
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1304.05 Expenses Incurred for Trusts Under Legacy
and Succession Tax.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1304.06 Credit Verification for Payments Made in
Other Taxing Jurisdictions.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1304.07 Life Estates and Remainder Interests.
(a)
To determine the taxable portion of a life estate or remainder passing
to an individual subject to tax under RSA 86:6, the executor, administrator,
legatee or their authorized representative, in instances where the valuation of
the life estate is based on the life of one person shall:
(1) For the month and year of the decedent's
death, obtain the applicable federal rate under Section 7520 of the Internal
Revenue Code of 1986, as amended, from the revenue rulings published during the
month of the decedent's death in the Department of the Treasury's internal
revenue bulletin;
(2) Determine the age of the beneficiary of the
life estate;
(3) Utilize the Department of the Treasury,
Internal Revenue Service's publication 1457 dated July, 1999, entitled
Actuarial Values - Alpha Volume, and select the single life rate table for the
applicable federal rate determined in (1) above;
(4) For the age of the beneficiary, select the
appropriate percentage factor for the life estate or the remainder whichever is
the taxable portion of the legacy; and
(5) Multiply the date of death value of the
legacy by the percentage factor determined in (4) above;
(b)
In instances where the valuation of the life estate is based on the life
of more than one person, the valuation shall be determined in accordance with
U.S. Department of the Treasury notice 89-60.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97;
ss by #7718, eff 6-22-02
Rev 1304.08 Expenses of Administration.
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1304.09 Deductions.
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
PART Rev 1305 PROPERTY TAXABLE
Rev 1305.01 Insurance Policies.
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1305.02 Annuities, Retirement Accounts, Pension
and Profit Sharing Plans.
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1305.03 Mortgage Interest in Real Property.
Source. #5163, eff 6-12-91; EXPIRED 6-12-97
New. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1305.04 Trusts.
Source.
#6259, eff 5-31-96; ss by #6525, eff
6-24-97, EXPIRED: 6-24-05
PART Rev 1306 ADMINISTRATION
Rev 1306.01 Taxpayer Records and Information.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
amd by #6259, eff 5-31-96; ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1306.02 Confidentiality.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
amd by #6259, eff 5-31-96; ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1306.03 Power of Attorney.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1306.04 Pre-Assessment Conference.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
PART Rev
1307 INFORMATIONAL REPORTING BY
EXECUTORS, ADMINISTRATORS, TRUSTEES, FIDUCIARIES OR CUSTODIANS
Rev 1307.01 Notification of Trust By Executors, Administrators,
Fiduciaries or Custodians.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss and moved by #6259, eff 5-31-96 (See Rev 1310.01); ss by #6525, eff 6-24-97
Rev 1307.02 Notification of Trust By Trustee.
Source. #5681, eff 8-5-93; ss and moved by #6259, eff
5-31-96 (See Rev 1310.02); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1307.03 Notification; Time Limit.
Source. #5681, eff 8-5-93; ss and moved by #6259, eff
5-31-96 (See Rev 1310.03); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
PART
Rev 1308 STANDARDS FOR TAX RETURNS,
FORMS AND RELATED DOCUMENTS
Rev 1308.01 Availability of Tax Returns, Forms and
Related Documents.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.02 Signatures.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.03 Authorization Other Than Executor or
Administrator.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.04 Uniform Return or Document Information.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.05 Filing Requirements.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
amd by #6259, eff 5-31-96; ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.06 Extensions of Time to File.
Source. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.07 Estimated Payments of Tax Liabilities.
Source. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.08 Amended Returns.
Source. #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1308.09 Corrections Resulting From Internal
Revenue Service Audit Changes.
Source. #6525, eff 6-24-97, EXPIRED: 6-24-05
PART Rev 1309 FORMS PRESCRIBED
Rev 1309.01 AU 101 List of Legatees.
Source. #5681, eff 8-5-93; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1309.02 AU 101-A
List of Heirs.
Source. #5681, eff 8-5-93; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1309.03 AU 101-B
Report of Gifts, Transfers, Joint Tenancies and Trusts.
Source. #5681, eff 8-5-93; ss by #6259, eff 5-31-96;
ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1309.04 AU 101-C Trust Report.
Source. #6259, eff 5-31-96; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1309.05 Inventory For A Nonresident Decedent.
Source. #5681, eff 8-5-93; ss by #6525, eff 6-24-97,
EXPIRED: 6-24-05
Rev 1309.06 AU-LS 116
Application for Consent to Transfer Shares of Stock.
Source. #5681, eff 8-5-93; ss and moved by by #6525,
eff 6-24-97 (from Rev 1309.07), EXPIRED: 6-24-05
Rev 1309.07 DP-145
Legacy and Succession Tax Return.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.08), EXPIRED: 6-24-05
Rev 1309.08 DP-145 Schedule A Summary of Estate.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.08), EXPIRED: 6-24-05
Rev 1309.09 DP-145-ES
Estimated Legacy and Succession Tax.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.10), EXPIRED: 6-24-05
Rev 1309.10 DP-146 Nonresident Personal Property
Transfer Tax Return.
Source. #5681, eff 8-5-93; amd by #6259, eff 5-31-96;
ss and moved by #6525, eff 6-24-97 (from Rev 1309.11), EXPIRED: 6-24-05
Rev 1309.11 DP-146-ES
Estimated Non-Resident Personal Property Transfer Tax.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.12), EXPIRED: 6-24-05
Rev 1309.12 DP-147
Application for 6-month Extension of Time to File for Non-Resident
Personal Property Transfer Tax.
Source. #5681, eff 8-5-93; amd by #6259, eff 5-31-96;
ss and moved by #6525, eff 6-24-97 (from Rev 1309.13), EXPIRED: 6-24-05
Rev 1309.13 DP-148
Application for 6-month Extension of Time to File for Legacy and
Succession Tax.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.14), EXPIRED: 6-24-05
Rev 1309.14 NH 706
NH Estate Tax Return.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.15), EXPIRED: 6-24-05
Rev 1309.15 NH 706-ES
NH Estate Tax Estimate.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (from Rev 1309.16), EXPIRED: 6-24-05
Rev 1309.16 Form AU-123 Application For Consent to Transfer Property.
Source. #5681, eff 8-5-93; ss and moved by #6525, eff
6-24-97 (formerly Rev 1309.17), EXPIRED: 6-24-05
PART Rev 1310 PENALTIES
Rev 1310.01 Against Executor, Administrator, Trustee,
Fiduciary or Custodian for Neglect or Refusal to Comply.
Source. #5163, eff 6-12-91; ss by #5681, eff 8-5-93;
ss by #6259, eff 5-31-96 (from Rev 1307.01); ss by #6525, eff 6-24-97, EXPIRED:
6-24-05
Rev 1310.02 Understatement of Taxpayer's Liability by
Tax Preparer.
Source. #6259, eff 5-31-96 (from Rev 1307.02,
originally #5681, eff 8-5-93); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1310.03 Aiding and Abetting an Understatement of
Tax Liability.
Source. #6259, eff 5-31-96 (from Rev 1307.03,
originally #5681, eff 8-5-93); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
Rev 1310.04 Adequate Disclosure and Substantial
Authority Requirements.
Source. #6259, eff 5-31-96 (from Rev 1307.04,
originally #5681, eff 8-5-93); ss by #6525, eff 6-24-97, EXPIRED: 6-24-05
APPENDIX
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RULE |
STATUTE
IMPLEMENTED |
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Rev 1304.07 |
RSA 86:93, II |
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