Ohio Revised Code
Chapter 5731 | Estate Tax
Section 5731.161 | Deductions - Estate of Transferee Spouse.

Effective: March 28, 1985
Latest Legislation: House Bill 70 - 115th General Assembly
(A) As used in this section:
(1) "General power of appointment" has the same meaning as in division (B) of section 5731.11 of the Revised Code.
(2) "Property" means any beneficial interest in property, whether in trust or otherwise, other than a life estate, an estate for a term of years, an annuity, or other similar interest. "Property" includes property passing as a result of the exercise or failure to exercise a power of appointment and also includes a general power of appointment.
(3) "Spousal exemption" means the exemption that was allowed to a transferor spouse's estate and that was equal to the value of any interest in property included in the value of the transferor's gross estate and transferred to or for the benefit of, and vested in, the transferee spouse, but not to exceed either sixty thousand dollars or thirty thousand dollars, whichever amount was applicable.
(4) "Transferee spouse" means the spouse who died on or after July 1, 1983, but prior to July 1, 1986, and within three years of the transferor spouse's death.
(5) "Transferor spouse" means the spouse who died prior to July 1, 1983, and within three years of the transferee spouse's death.
(B) For purposes of the tax levied by section 5731.02 of the Revised Code, the value of the taxable estate of the transferee spouse shall be determined by deducting from the value of the gross estate the value, as specified in this division, of property that was transferred to the transferee spouse by the transferor spouse and that, because of the transfer, was taxed in the estate of the transferor spouse under this chapter. The value of the property for purposes of the deduction shall be the net value of the property actually transferred, as determined and taxed in the estate of the transferor spouse, reduced by the amount of the spousal exemption with respect to the transferee spouse that was allowed in the estate of the transferor spouse, but, in any event, the value of the property for purposes of the deduction shall not exceed the greater of the following:
(1) Five hundred thousand dollars;
(2) One-half of the difference between the value of the gross estate of the transferor spouse and the deductions allowed in the estate of the transferor spouse under section 5731.16 of the Revised Code.
The deduction otherwise allowable under this section shall be reduced by the amount of the marital deduction allowed in the estate of the transferee spouse under section 5731.15 of the Revised Code.
In determining the value of the property, the value of any remainder interest, power of appointment, or similar interest shall not be reduced by the value of any intervening interest that is not considered as property for purposes of this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5731 | Estate Tax

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 5731.06 | Value of Gross Estate Includes Transfers With Retention of Life Estate or Power of Appointment.

Section 5731.07 | Value of Gross Estate Includes Transfers Conditioned on Survivorship or Reversionary Interest.

Section 5731.08 | Value of Gross Estate Includes Transfers Subject to Power to Alter, Amend, Revoke, or Terminate.

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 5731.131 | Value of Gross Estate Includes Income Interest for Life Where Marital Deduction Allowable.

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 5731.25 | Extensions.

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 5731.30 | Filing Exceptions to Tax Commissioner's Final Determination of Taxes With Probate Court.

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 5731.50 | Determining Origin of Tax on Transfer of Realty and Tangible Personalty Located in State.

Section 5731.51 | Determining Origin of Tax on Transfer of Personalty Not Located in State.

Section 5731.90 | Confidentiality.

Section 5731.99 | Penalty.