83.100.047 - Marital deduction, qualified domestic trust -- Election--Other deductions taken for income tax purposes disallowed.

Marital deduction, qualified domestic trust — Election — Other deductions taken for income tax purposes disallowed. (Effective until January 1, 2014.)

(1) If the federal taxable estate on the federal return is determined by making an election under section 2056 or 2056A of the Internal Revenue Code, or if no federal return is required to be filed, the department may provide by rule for a separate election on the Washington return, consistent with section 2056 or 2056A of the Internal Revenue Code, for the purpose of determining the amount of tax due under this chapter. The election shall be binding on the estate and the beneficiaries, consistent with the Internal Revenue Code. All other elections or valuations on the Washington return shall be made in a manner consistent with the federal return, if a federal return is required, and such rules as the department may provide.

     (2) Amounts deducted for federal income tax purposes under section 642(g) of the Internal Revenue Code of 1986, shall not be allowed as deductions in computing the amount of tax due under this chapter.

[2005 c 516 § 13.]

Notes: Finding -- Intent--Application--Severability--Effective date -- 2005 c 516: See notes following RCW 83.100.040.

RCW 83.100.047

Marital deduction, qualified domestic trust — Election — State registered domestic partner entitled to deduction — Other deductions taken for income tax purposes disallowed. (Effective January 1, 2014.)

(1)(a) If the federal taxable estate on the federal return is determined by making an election under section 2056 or 2056A of the Internal Revenue Code, or if no federal return is required to be filed, the department may provide by rule for a separate election on the Washington return, consistent with section 2056 or 2056A of the Internal Revenue Code and (b) of this subsection, for the purpose of determining the amount of tax due under this chapter. The election shall be binding on the estate and the beneficiaries, consistent with the Internal Revenue Code and (b) of this subsection. All other elections or valuations on the Washington return shall be made in a manner consistent with the federal return, if a federal return is required, and such rules as the department may provide.

     (b) The department shall provide by rule that a state registered domestic partner is deemed to be a surviving spouse and entitled to a deduction from the Washington taxable estate for any interest passing from the decedent to his or her domestic partner, consistent with section 2056 or 2056A of the Internal Revenue Code but regardless of whether such interest would be deductible from the federal gross estate under section 2056 or 2056A of the Internal Revenue Code.

     (2) Amounts deducted for federal income tax purposes under section 642(g) of the Internal Revenue Code of 1986 shall not be allowed as deductions in computing the amount of tax due under this chapter.

[2009 c 521 § 192; 2005 c 516 § 13.]

Notes: Effective dates -- 2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.

Finding -- Intent--Application--Severability--Effective date -- 2005 c 516: See notes following RCW 83.100.040.