Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT WITHHELD. (a) If property includable in an estate does not come into possession of a representative obligated to pay the estate tax, the representative shall:
(1) recover from each person interested in the estate the amount of the estate tax apportioned to the person under this subchapter; or
(2) assign to persons affected by the tax obligation the representative's right of recovery.
(b) The obligation to recover a tax under Subsection (a) does not apply if:
(1) the duty is waived by the parties affected by the tax obligation or by the instrument under which the representative derives powers; or
(2) in the reasonable judgment of the representative, proceeding to recover the tax is not cost-effective.
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