1. The proration must be made by the court having jurisdiction of any property in the estate in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property, interest and benefits received by all such persons interested in the estate.
2. In making a proration, allowances must be made for any exemptions granted by the act imposing the tax and for any deductions allowed by that act for the purpose of arriving at the value of the net estate.
3. Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the charitable purposes of the gift inures to the benefit of the person bearing the relationship or receiving the charitable gift, except that, if an interest is subject to a prior present interest which is not allowable as a deduction, the estate tax apportionable against the present interest must be paid from principal.
4. A deduction for property previously taxed and a credit for gift taxes or taxes of a foreign country paid by the decedent or the estate of the decedent inures to the proportionate benefit of all persons liable to apportionment.
5. A credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the gross estate inures to the benefit of the persons or interests chargeable with the payment of the taxes to the extent or in proportion that the tax paid or payable reduces the estate tax.
6. To the extent that property passing to or in trust for a surviving spouse does not constitute an allowable deduction solely by reason of an inheritance tax or other death tax imposed upon and deductible from such property, it must not be included in the computation provided for in subsection 1, and to that extent, no apportionment may be made against that property.
7. The values used for federal estate tax purposes are the values used as the basis for apportionment.
8. If the court finds that it is inequitable to apportion interest and penalties in the same manner as the principal of the estate tax by reason of special circumstances, it may direct apportionment of interest and penalties in a manner different from principal.
(Added to NRS by 1957, 228; A 1999, 2338)
Structure Nevada Revised Statutes
Chapter 150 - Compensation and Accounting
NRS 150.010 - Expenses and compensation of personal representative.
NRS 150.020 - General compensation.
NRS 150.025 - Compensation of personal representative who is an attorney.
NRS 150.030 - Compensation for extraordinary services.
NRS 150.040 - Contracts for higher compensation void.
NRS 150.050 - Allowance on compensation.
NRS 150.061 - Attorneys for personal representatives: Compensation for extraordinary services.
NRS 150.075 - Waiver of accounting.
NRS 150.080 - First account: Filing and contents.
NRS 150.100 - Penalties for failure to file first account.
NRS 150.105 - Annual account: Contents.
NRS 150.110 - Final account: Filing; penalties for failure to file.
NRS 150.115 - Supplementary account to final account.
NRS 150.120 - Accounting when authority of personal representative ceases.
NRS 150.140 - Revocation of letters when personal representative absconds and fails to account.
NRS 150.160 - Account and petition for settlement: Hearing and notice.
NRS 150.170 - Contest of account: Rights of interested person; hearing.
NRS 150.190 - Proof of notice necessary before allowance of account.
NRS 150.200 - Allowance and confirmation of account.
NRS 150.210 - Effect of order settling account.
NRS 150.250 - Claims not yet due and contingent or disputed claim.
NRS 150.260 - Liability of personal representative.
NRS 150.270 - Claim not included in order of payment.
NRS 150.280 - Closing administration.
NRS 150.310 - Proration of tax among persons interested in estate; exceptions.
NRS 150.320 - Direction for apportionment of estate tax: Precedence; limitation.
NRS 150.330 - Jurisdiction of court; methods of proration.
NRS 150.340 - Present and future estates: Charge of tax against corpus without apportionment.