Section 14501 - Submission of DocumentsTo assist the inheritance tax referee appointed in any proceeding to determine tax (see Revenue and Taxation Code Sections 14501 through 14577, and Probate Code Sections 1170 through 1175) in arriving at his determination as to whether any tax imposed by the Inheritance Tax Law is due on any transfer of property by a decedent, the following documents must be submitted to the referee:
(a) The original and two copies of any inventory prepared pursuant to Section 600 of the Probate Code.(b) Two copies of the decedent's will, if any, including any codicils thereto.(c) The original and one copy of Form IT-22, entitled "Inheritance Tax Declaration." This should be executed by the executor of the decedent's will, the administrator of the decedent's estate, or any other person having actual knowledge of the facts required. Copies of the declaration form may be obtained from the referee or from the Division of Tax Administration-Inheritance Tax of the Controller's office in Los Angeles, Sacramento, or San Francisco. (See also Section 14501.1).(d) The original and one copy of form IT-3, entitled "Marital Property Declaration," where the distribution of the estate is determined by the character of the property as either community, quasi-community or separate property, or where the decedent was survived by a spouse and under the terms of the decedent's will admitted to probate the surviving spouse is forced to make an election or during the decedent's lifetime the decedent and the surviving spouse entered into an agreement concerning the character of their property. In all other cases, the form IT-3 is not normally required; however, the Controller's office may require the form IT-3 be completed and submitted in any case where the information contained thereon is necessary to determine the proper amount of inheritance tax due. The declaration should be executed by the decedent's surviving spouse. If this is for some reason impossible, it may be executed by any person having actual knowledge of the facts required. In the latter event, the person making the declaration should add a paragraph explaining the reason for not submitting the spouse's declaration and setting forth the declarant's connection with the decedent and his or her means of knowledge of answers to the questions.(e) The original and one copy of Form IT-2, entitled "Declaration Concerning Residence," if it is claimed that the decedent was a nonresident of California at the time of his death. If no court proceeding is pending or contemplated, and it is desired to secure the Controller's consent to transfer intangible property belonging to the estate of a decedent who was domiciled outside the State of California, the request for the Controller's consent should be made on form IT-23, entitled "Residence Affidavit and Request for Consent to Transfer," and form IT-23A, entitled "Rider to be Attached to Residence Affidavit and Request for Consent to Transfer, Form IT-23, in Cases Where Decedent was a Nonresident not a Citizen of the United States," in cases where the decedent was a nonresident of the United States, filed with the Division of Tax Administration-Inheritance Tax in Los Angeles, Sacramento or San Francisco. Copies of the forms may be obtained from the Division of Tax Administration-Inheritance Tax. (See also Sections 13303.4, 13851.1 and 14345.1).
(f) Two copies of any petition filed pursuant to Sections 1170 through 1175 of the Probate Code to establish the fact of the decedent's death.(g) An affidavit executed by any joint tenant of the decedent's who survived the latter's death, if it is claimed that such tenant made any contribution to the acquisition of the joint tenancy property. (See Sections 13554 and 13671 through 13671.5, and Revenue and Taxation Code Sections 13671 and 13671.5). There is no prescribed form for this affidavit. It may be incorporated in the space provided in the Inheritance Tax Declaration, Form IT-22, or by a rider or exhibit attached thereto. A full statement should be made explaining the transactions whereby the joint tenancy titles involved were created, giving in regard to each item the date of acquisition, the net amount invested by the decedent and by the survivor, and the economic origin of the survivor's contribution. Stating that the survivor's investment was made with his own or separate property is not sufficient since this would be true if the decedent had some time in the past given to the survivor the money or property which was later reinvested in the joint tenancy property. If such were the case, the survivor's contribution would be subject to inheritance tax.(h) Two copies of any trust or other instrument by which the decedent made any transfer during his lifetime (see Revenue and Taxation Code Sections 13641 through 13648), together with two copies of a list of the property, as of the date of the decedent's death, included in such transfer.(i) In the case of a transfer by the decedent of listed inactive stock, of unlisted stock not actively traded in, or of stock of a closed corporation, balance sheets of the issuing corporation as of a date as near to the date of death as is practicable, and profit and loss statements of the corporation for each of the five years immediately preceding the date of death. Copies of balance sheets and statements already prepared by the company's accountant should be submitted. The number of shares outstanding and the nature of the business in which the company is engaged must be shown.(j) If a transfer consisted of a parcel of real property, the most recent real property tax bill, or other satisfactory evidence of ad valorem tax value, covering such parcel.(k) If any property transferred was subject to a bona fide lien or other encumbrance which reduced the market value of the property at the date of death, a copy of the lien or encumbrance instrument, or a statement of the terms thereof.(l) Such other documents and copies of the foregoing as may be of assistance to the referee in determining whether any tax is due. If a referee has been appointed to determine tax in a probate proceeding, the aforementioned documents should be submitted to the referee by the executor of the decedent's will or the administrator of the decedent's estate.
Cal. Code Regs. Tit. 18, § 14501
1. Amendment of subsections (c), (d) and (e) filed 7-2-81; effective thirtieth day thereafter (Register 81, No. 27.) Note: Authority cited: Section 14740, Revenue and Taxation Code. Reference: Section 14501, Revenue and Taxation Code.
1. Amendment of subsections (c), (d) and (e) filed 7-2-81; effective thirtieth day thereafter (Register 81, No. 27.)