State of Texas – Fiscal Management

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Revenue Object 3110 – Inheritance Tax

Repealed

This revenue object is inactive. Please see the notes section for further information regarding the inactive status. Recently inactivated objects may remain active in USAS for a period of time to complete outstanding transactions or for other accounting purposes.

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Revenue Type: Cash — Personal Property
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Revised Date: 2015-08-04

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Created 1923 by the 38th Leg. Previously under Tax Code Ch. 211. Tax on the transfer, at death, of a resident's property. Also applied to property located in Texas of every non-resident and alien. The amount of the state tax was equal to the amount of the federal credit under federal estate tax rules.

Amended by H.B. 325, 67th Leg. R.S. effective September 1, 1981. Estate of a person who died prior to 9/1/81 was taxed at rates in effect prior to that date. Penalties of $10 for failure to file final tax return within period provided and 5% of unpaid tax for failure to pay tax on or before due date or extension.  Interest accrued on tax not paid within 9 months from date of death at rate set § 111.060, Tax Code.

H.R. 1836, 107th U.S. Congress (2001 - 2002) phased out the amount states collect by 25% each calendar year beginning in 2002. The federal credit was eliminated calendar year 2005. Therefore, the state inheritance tax tied to the federal credit was discontinued. Not collected on dates of death on or after January 1, 2005. Repealed by S.B. 752, 84th Leg., R.S.



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