Ohio Revised Code
Chapter 5731 | Estate Tax
Section 5731.40 | No Consent of Tax Commissioner to Transfer of Assets of Nonresident Decedents.

Effective: October 1, 1996
Latest Legislation: House Bill 391 - 121st General Assembly
The consent of the tax commissioner is not required in the case of the issuance, transfer, or delivery of any intangible personal property specified in section 5731.39 of the Revised Code, when the decedent is not domiciled in this state or when the intangible personal property is issued, transferred, or delivered to the surviving spouse of the decedent.
In any action brought under section 5731.39 of the Revised Code, it shall be sufficient defense that the issuance, transfer, or delivery of the intangible personal property was made in good faith and without knowledge or circumstances sufficient to place the defendant on inquiry as to the domicile of the decedent or as to the identity of the surviving spouse of the decedent.

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.