§ 44-23-29 - Agreement as to amount due when domicile is in question – Adjustment for credits against federal tax.
SECTION 44-23-29
§ 44-23-29 Agreement as to amount due whendomicile is in question – Adjustment for credits against federal tax.– In any case in which an election is made as provided in § 44-23-28 and notrejected, the tax administrator may enter into a written agreement with theother taxing officials involved and with the executors, to accept a certain sumin full payment of any death tax, together with interest and penalties, thatmay be due this state; provided, that the agreement also fixes the amount to bepaid the other state or states. If an agreement cannot be reached and thearbitration proceeding specified in § 44-23-30 is commenced, andthereafter an agreement is arrived at, a written agreement may be entered intoat any time before the proceeding is concluded notwithstanding the commencementof the proceeding. Upon the filing of the agreement or duplicate of it with theauthority which would have jurisdiction to assess the death tax of this stateif the decedent died domiciled in this state, an assessment shall be made asprovided in the agreement. The assessment, except as hereinafter provided,shall finally and conclusively fix and determine the amount of death tax duethis state. In the event that the aggregate amount payable under the agreementto the states involved is less than the maximum credit allowable to the estateagainst the United States estate tax imposed with respect to the tax, theexecutor shall also immediately pay to the taxing administrator that percentageof the difference between the aggregate amount and the amount of the credit,which the amount payable to the taxing administrator under the agreement bearsto the aggregate amount.