Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM APPORTIONMENT. (a) To the extent that property passing to or in trust for a surviving spouse or a charitable, public, or similar gift or devise is not an allowable deduction for purposes of the estate tax solely because of an inheritance tax or other death tax imposed on and deductible from the property:
(1) the property is not included in the computation provided for by Section 124.005; and
(2) no apportionment is made against the property.
(b) The exclusion provided by this section does not apply if the result would be to deprive the estate of a deduction otherwise allowable under Section 2053(d), Internal Revenue Code of 1986, for a state death tax on a transfer for a public, charitable, or religious use.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 124 - Valuation and Taxation of Estate Property
Subchapter A. Apportionment of Taxes
Section 124.002. References to Internal Revenue Code
Section 124.003. Apportionment Directed by Federal Law
Section 124.004. Effect of Disclaimers
Section 124.005. General Apportionment of Estate Tax; Exceptions
Section 124.006. Effect of Tax Deductions, Exemptions, or Credits
Section 124.007. Exclusion of Certain Property From Apportionment
Section 124.008. Exclusion of Certain Temporary Interests From Apportionment
Section 124.009. Qualified Real Property
Section 124.011. Apportionment of Interest and Penalties
Section 124.012. Apportionment of Representative's Expenses
Section 124.013. Withholding of Estate Tax Share by Representative
Section 124.014. Recovery of Estate Tax Share Not Withheld
Section 124.015. Recovery of Unpaid Estate Tax; Reimbursement
Section 124.016. Time to Initiate Actions to Recover Unpaid Estate Tax