15-3-1305. CREDITS AND DEFERRALS. Except as otherwise provided in sections 15-3-1306 and 15-3-1307, Idaho Code, the following rules apply to credits and deferrals of estate taxes:
(1) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned.
(2) A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary.
(3) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property.
History:
[15-3-1305, added 2004, ch. 54, sec. 2, p. 250.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Part 13 - UNIFORM ESTATE TAX APPORTIONMENT
Section 15-3-1301 - SHORT TITLE.
Section 15-3-1302 - DEFINITIONS.
Section 15-3-1303 - APPORTIONMENT BY WILL OR OTHER DISPOSITIVE INSTRUMENT.
Section 15-3-1304 - STATUTORY APPORTIONMENT OF ESTATE TAXES.
Section 15-3-1305 - CREDITS AND DEFERRALS.
Section 15-3-1306 - INSULATED PROPERTY, ADVANCEMENT OF TAX.
Section 15-3-1307 - APPORTIONMENT AND RECAPTURE OF SPECIAL ELECTIVE BENEFITS.
Section 15-3-1308 - SECURING PAYMENT OF ESTATE TAX FROM PROPERTY IN POSSESSION OF FIDUCIARY.
Section 15-3-1309 - COLLECTION OF ESTATE TAX BY FIDUCIARY.
Section 15-3-1310 - RIGHT OF REIMBURSEMENT.
Section 15-3-1311 - ACTION TO DETERMINE OR ENFORCE PART.
Section 15-3-1312 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.