To the extent that apportionment of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply:
(1) Subject to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that has an interest in the apportionable estate.
(2) A generation-skipping transfer tax incurred on a direct skip taking effect at death is charged to the person to whom the interest in property is transferred.
(3) If property is included in the decedent's gross estate because of Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent’s gross estate is apportioned ratably among the holders of interests in the property subject to Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision. The balance of the tax, if any, is apportioned ratably to each other person having an interest in the apportionable estate.
(4) Except as otherwise provided in Section 40-15B-3(b)(4) and except as to property to which Section 40-15B-7 applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest must be apportioned, without further apportionment, to the principal of that property.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.
Section 40-15B-1 - Short Title.
Section 40-15B-2 - Definitions.
Section 40-15B-3 - Apportionment by Will or Other Dispositive Instrument.
Section 40-15B-4 - Statutory Apportionment of Estate Taxes.
Section 40-15B-5 - Credits and Deferrals.
Section 40-15B-6 - Insulated Property: Advancement of Tax.
Section 40-15B-7 - Apportionment and Recapture of Special Elective Benefits.
Section 40-15B-8 - Securing Payment of Estate Tax From Property in Possession of Fiduciary.
Section 40-15B-9 - Collection of Estate Tax by Fiduciary.
Section 40-15B-10 - Right of Reimbursement.
Section 40-15B-11 - Action to Determine or Enforce Act.
Section 40-15B-12 - Uniformity of Application and Construction.