Effective: November 2, 1999
Latest Legislation: House Bill 222 - 123rd General Assembly
(A) Except as provided in division (B) of this section, the value of the gross estate includes the value of an annuity or other payment receivable by a beneficiary by reason of surviving the decedent under any form of contract or agreement under which an annuity or similar payment was payable to the decedent, or the decedent possessed the right to receive such annuity or payment, either alone or in conjunction with another, for the decedent's life or for any period not ascertainable without reference to the decedent's death, or for any period which does not in fact end before the decedent's death.
However, the value of the gross estate includes only such part of the value of the annuity or other payment receivable under the contract or agreement as is proportionate to that part of the purchase price of the contract or agreement contributed by the decedent. The value of the gross estate does not include the part of the value of the annuity or other payment as is proportionate to the part of the purchase price of the contract or agreement contributed by the employer or former employer of the decedent, whether to an employee's trust or fund forming part of a pension, annuity, retirement, bonus, or profit-sharing plan or otherwise, if the contributions were made by reason of the decedent's employment.
(B) The value of the gross estate does not include the value of a pension or annuity accruing to any person under federal employment, including service in the armed forces, or the value of an annuity or other payment from the Ohio police and fire pension fund created by section 742.02 of the Revised Code, the Ohio public safety officers death benefit fund created by section 742.62 of the Revised Code, the state highway patrol retirement system created by section 5505.02 of the Revised Code, the public employees retirement system created by section 145.03 of the Revised Code, the state teachers retirement system created by section 3307.03 of the Revised Code, and the school employees retirement system created by section 3309.03 of the Revised Code.
Structure Ohio Revised Code
Section 5731.01 | Estate Tax Definitions.
Section 5731.011 | Value of Qualified Farm Property.
Section 5731.02 | Rate of Tax - Credit.
Section 5731.03 | Value of Gross Estate.
Section 5731.04 | Value of Gross Estate Includes Interest of Surviving Spouse.
Section 5731.05 | Value of Gross Estate Includes Transfers in Contemplation of Death.
Section 5731.09 | Value of Gross Estate Includes Annuity.
Section 5731.10 | Value of Gross Estate Includes Joint and Survivorship Property.
Section 5731.11 | Value of Gross Estate Includes Interests Subject to General Power of Appointment.
Section 5731.12 | Value of Gross Estate Includes Insurance Payable to Estate.
Section 5731.13 | Value of Gross Estate Includes Transfers for Less Than Adequate Consideration.
Section 5731.14 | Determining Taxable Estate.
Section 5731.15 | General Deductions.
Section 5731.16 | Deductions - Funeral and Administration Expenses, and Debts.
Section 5731.161 | Deductions - Estate of Transferee Spouse.
Section 5731.17 | Deductions - Charitable Bequests and Transfers.
Section 5731.18 | Additional Estate Tax Transfer of Estate.
Section 5731.181 | Additional Tax on Generation-Skipping Transfer.
Section 5731.19 | Estate Tax on Nonresidents.
Section 5731.21 | Filing Estate Tax Return.
Section 5731.22 | Failing to File Timely Return or Underpayment Due to Fraud.
Section 5731.23 | Tax Due and Payable 9 Months After Date of Death - Interest.
Section 5731.24 | Due Date for Additional Tax Return and Payment.
Section 5731.26 | Tax Commissioner - Powers and Duties.
Section 5731.27 | Certificate of Determination of Final Estate Tax Liability.
Section 5731.28 | Claims for Refund.
Section 5731.31 | Probate Court Jurisdiction.
Section 5731.32 | Appeal From Final Order of Probate Court.
Section 5731.33 | Receipt for Payment.
Section 5731.34 | Transfers of Intangible Personal Property.
Section 5731.35 | Foreign Estate Tax.
Section 5731.36 | Enforcing Claims for Foreign Estate Taxes.
Section 5731.37 | Taxes Are Lien on Property.
Section 5731.38 | Statute of Limitations.
Section 5731.39 | Written Consent of Tax Commissioner to Transfer of Assets.
Section 5731.40 | No Consent of Tax Commissioner to Transfer of Assets of Nonresident Decedents.
Section 5731.41 | Appointment of Enforcement Agents.
Section 5731.42 | Collecting Unpaid Tax.
Section 5731.43 | Representing State, Tax Commissioner and County Auditor.
Section 5731.44 | Deputies of Auditor.
Section 5731.45 | Duties of County Treasurer.
Section 5731.46 | Fees of Sheriff and Other Officers.
Section 5731.47 | Payment of Fees of Officers and Expenses of County Auditor.
Section 5731.48 | Distributing Tax Revenue.
Section 5731.49 | Determining Tax Revenues Due Political Subdivisions.
Section 5731.51 | Determining Origin of Tax on Transfer of Personalty Not Located in State.