Sec. 12-359. Reports of representatives of transferors.
Sec. 12-359. Reports of representatives of transferors. (a) Succession tax returns and amendments thereto. Except as herein provided, within six months after
the death of the transferor the administrator, executor, administrator for tax purposes,
administrator c.t.a. or administrator d.b.n. or administrator d.b.n., c.t.a. or, if there is no
such fiduciary, any transferee of property, the transfer of which may be taxable under
the provisions of section 12-341, 12-341b, 12-342, 12-343, 12-345 or sections 12-345b
to 12-345e, inclusive, shall file with the court of probate for the district within which
the transferor resided at the date of his or her death or, if the transferor died a nonresident
of this state, with the court of probate for the district within which the real estate or
tangible personal property is situated, a return, in duplicate, prescribed as to form by the
Commissioner of Revenue Services and bearing notice to the effect that false statements
made therein are punishable and containing all items necessary to the correct computation and assessment of the tax. Such return shall include among other things: (1) A
copy of the written instrument evidencing any transfer which may be taxable under the
provisions of subsection (c) or (d) of section 12-341 or 12-341b or of section 12-342,
12-343, 12-345 or sections 12-345b to 12-345e, inclusive, or, if there is no written
evidence, a written statement fully disclosing the circumstances under which the transfer
was made; provided, in the case of a transfer evidenced by an insurance, annuity, pension
plan, profit-sharing plan or other similar contract with an insurance company, in lieu
of such copy of the written instrument, a summary thereof may be so filed; (2) an appraisal by the fiduciary or transferee, at its fair market value on the date of decedent's
death, of each item of property, the transfer of which may be taxable under the provisions
of section 12-341, 12-341b, 12-342, 12-343, 12-345 or sections 12-345b to 12-345e,
inclusive; (3) a statement as to whether, or to what extent, the reported transfers are
conceded taxable; (4) all items claimed as deductions under the provisions of section
12-350 or 12-352, with an explanation of the circumstances under which each deduction
is allowable; (5) a statement containing the name and relationship to the transferor of
each individual, corporation, institution, society, association or trust benefiting by reason of any succession or transfer of property as set forth in sections 12-340 to 12-343,
inclusive, sections 12-345 and 12-345b to 12-345e, inclusive, and the value of the estate
passing to each such beneficiary; (6) such other information as the Commissioner of
Revenue Services may deem necessary for the correct computation and assessment of
the tax and the proper administration thereof. The fiduciary or transferee may correct
any item on the succession tax return by filing with the probate court an amendment
thereto in duplicate, prescribed as to form by the Commissioner of Revenue Services
and bearing notice to the effect that false statements made therein are punishable and
containing such changes in the return as the fiduciary desires to make, but no such
amendment shall be permitted which would change the reported value of any property
or withdraw a concession of taxability after a hearing has been held thereon pursuant
to the provisions of subsection (b) of this section and no such amendment shall be
permitted after the computation of the tax has become final. The probate court shall,
within ten days of the filing of such return or an amendment thereto, forward a certified
copy thereof to the Commissioner of Revenue Services.
(b) Hearing on objections of Commissioner of Revenue Services. Within one
hundred twenty days after the receipt of such return, or any amendment thereto, the
Commissioner of Revenue Services shall file with the fiduciary or transferee and with
such court of probate a statement in writing setting forth in detail such objections as he
may have to the valuations or concessions of taxability appearing thereon. Unless such
fiduciary or transferee concedes the correctness of the Commissioner of Revenue Services' opinion or the Commissioner of Revenue Services withdraws his objection, the
Commissioner of Revenue Services, fiduciary or transferee may file in the court of
probate for the district within which the transferor resided at the date of his death or, if
the transferor died a nonresident of this state, in the court of probate for the district
within which the real estate or tangible personal property is situated, an application for
a hearing upon those items set out in such return as to which the Commissioner of
Revenue Services objects. Such court shall assign a time and place for a hearing upon
the Commissioner of Revenue Services' objections to the return or amendment thereto
and shall cause a copy of the order of hearing to be sent to the Commissioner of Revenue
Services, such fiduciary or transferee and all other parties in interest at least fifteen days
before the time of such hearing. The commissioner or any other party in interest may
appear before such court at such hearing and be heard concerning the objections of the
Commissioner of Revenue Services. If there is no appearance on behalf of the commissioner and it appears to the court that his position with respect to any matter in dispute
ought not to be sustained, such hearing shall be adjourned for not less than ten days and
notice of the time and place of such adjourned hearing shall be given to the commissioner,
who may appear and be heard thereon. At such hearing, or adjournment thereof, the
court shall hear such objections and determine the fair market value of any property,
the reported value of which has been objected to, and the taxability of any transfer
objected to and shall enter upon its records a decree determining the fair market value
of property the value of which has been objected to and the taxability of any transfer
which has been objected to. The decree of such court shall be conclusive upon the state
and all other parties in interest unless an appeal is taken as provided for appeals from
other decrees and orders of such court. A copy of such decree shall be forwarded forthwith to the commissioner and to the fiduciary or transferee by the judge or clerk of such
court. The value of the gross taxable estate as set forth in the tax return or any amendment
thereof, or as altered by written agreement between the Commissioner of Revenue Services and such fiduciary or transferee or as set by the probate court upon a hearing under
this subsection or under subsection (b) of section 12-367 shall be the basis for computing
the succession tax.
(c) Extension of filing time. For cause shown, the Commissioner of Revenue Services may, on the written application of the fiduciary or transferee filed with said commissioner within six months after the death of the transferor, extend the time for filing
such return. Such application shall set forth the extension desired and the reasons therefor
and a copy thereof shall be filed in the court of probate for the district within which the
transferor resided at the date of his death or, if the transferor died a nonresident of this
state, in the court of probate for the district within which the real estate or tangible
personal property is situated. Unless, not later than sixty days after his receipt of such
application, the Commissioner of Revenue Services files in the court of probate, a copy
of his order denying or modifying the extension requested, the extension requested shall
be deemed granted. If the extension request is denied or modified, the fiduciary may
not later than thirty days of the receipt of such order from the Commissioner of Revenue
Services, file in such court of probate an application for an extension of time to file the
return setting forth the extension desired and the reasons therefor. The court of probate
shall assign a time and place for a hearing upon such application not less than two nor
more than four weeks after the filing thereof and shall cause a copy of the order of
hearing to be sent to the commissioner and to the fiduciary or transferee at least ten days
before the time of such hearing. The commissioner or any party in interest may appear
before such court at such hearing and be heard concerning the requested extension. For
cause shown, the court of probate may, after hearing on such application, extend the
time for filing such return. Such court, after such hearing, shall forthwith send to the
Commissioner of Revenue Services and the fiduciary or transferee a copy of any order
extending or denying extension of the time for filing such return. Further extensions may
be granted by the Commissioner of Revenue Services or probate court if the foregoing
provisions are complied with and if written application for such further extension is
filed before the expiration of the preceding extension. Failure on the part of any fiduciary
to file such return within the time herein prescribed therefor shall be sufficient cause
for the summary removal of such fiduciary upon the application of the Commissioner
of Revenue Services or any interested person.
(d) Transferee defined. As used in this chapter the word transferee shall include,
but not be limited to, a donee and a beneficiary under a will, trust or power of appointment
or under the laws of this state relating to descent and distribution.
(e) Applicability. The provisions of this section shall not apply to estates of decedents dying on or after January 1, 2005.
(1949 Rev., S. 2040; 1953, S. 1147d; 1967, P.A. 558, S. 48; 1969, P.A. 676; 1971, P.A. 863, S. 5; June, 1971, P.A. 5,
S. 118; 1972, P.A. 265, S. 3-5; P.A. 74-338, S. 40, 94; P.A. 77-614, S. 139, 610; P.A. 78-195, S. 1, 4; P.A. 90-148, S. 15,
34; P.A. 95-298, S. 2, 3; P.A. 00-174, S. 60, 83; June Sp. Sess. P.A. 05-3, S. 51.)
History: 1967 act made technical changes re appraisers in Subsec. (b); 1969 act allowed appraisal by donee, transferee
or surviving joint tenant or person designated by them if no administration granted because transferor died without leaving
property which could pass by will or laws of state; 1971 acts essentially rewrote and greatly expanded provisions of section,
required filing of return with probate court within nine months, rather than one year, of death, inserted new Subsec. (b) re
hearing on tax commissioner's objections, placed provisions re extensions for filing returns in Subsec. (c), added Subsec.
(d) defining "transferee" and deleted former Subsec. (b), effective January 1, 1972, and applicable to estates of persons
dying on and after that date (all estates of persons dying before January 1, 1972, are subject to succession or inheritance
tax laws applicable before that date and continued in force for that purpose); 1972 act added reference to fiduciary in
Subsec. (b), clarified provisions of Subsec. (c) by requiring notice of commissioner's action to fiduciary or transferee, by
setting time for filing in court if commissioner fails to act and stating who may appear before court and by requiring that
notice of court's decision go to fiduciary or transferee, and amended Subsec. (d) to replace "section" with "chapter",
effective May 18, 1972, but retroactive to January 1, 1972, and applicable to estates of persons dying on or after that date
(all estates of persons dying before January 1, 1972, are subject to succession tax laws applicable before that date and
continued in force for that purpose); P.A. 74-338 replaced reference to repealed Sec. 12-345a with reference to Secs. 12-345b to 12-345e; P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1,
1979; P.A. 78-195 amended Subsec. (a) to include provisions for correction of return by fiduciary or transferee, amended
Subsec. (b) to change hearing procedure to allow for adjournment and amended Subsec. (c) replacing former provision
for 30-day period for commissioner to act and 15-day period for filing with court with provision that unless commissioner
modifies or denies extension request within 60 days it is deemed granted and allowing fiduciary 30 days to file with court
upon such denial or modification; P.A. 90-148 amended Subsec. (a) to require filing with the court of probate within six
months after death of transferor in lieu of nine months and Subsec. (c) to require filing with the commissioner for extension
within six months after death of transferor in lieu of nine months, effective July 1, 1990, and applicable to the estate of
any transferor whose death occurs on or after that date; P.A. 95-298 deleted requirement that the commissioner acknowledge
receipt of tax return to the Probate Court and the fiduciary of the estate, effective July 6, 1995, and applicable to estates
of persons dying on or after July 1, 1995; P.A. 00-174 amended Subsec. (a) to delete requirement that returns be sworn
to, to add provisions re form and false statements and to make a technical change, effective July 1, 2000; June Sp. Sess.
P.A. 05-3 added Subsec. (e) re applicability of section, effective June 30, 2005, and applicable to estates of decedents
dying on or after January 1, 2005.
Cited. 114 C. 225. Cited. 122 C. 111. Cited. 126 C. 143. Cited. 128 C. 558. Cited. 145 C. 497. Cited. 182 C. 40.
Cited. 25 CS 249. Cited. 44 CS 263.
Subsec. (a):
Cited. 215 C. 633.
Cited. 1 CA 529.
Subsec. (b):
Cited. 215 C. 633.
Cited. 1 CA 529.