Chapter 16 - Use Tax
CHAPTER 19 - INHERITANCE TAXES
39-19-101. Definitions.
(a) As used in W.S. 39-19-101 through 39-19-111:
(i) "Department" means the department of revenue orits designee;
(ii) "Federal gross estate" means the gross estate ofany decedent as determined under the laws of the United States;
(iii) "Personal representative" means the executor,administrator or trustee of the estate of the decedent, or, if there is noexecutor appointed, qualified and acting within Wyoming, then any person inactual or constructive possession of any property of the decedent;
(iv) "Taxpayer" means the personal representative ofan estate and the estate itself;
(v) "Wyoming gross estate" means the value of thefederal gross estate of a decedent excluding the value of real or tangiblepersonal property which has an actual situs outside Wyoming at the time ofdeath of the decedent, and excluding the value of intangible personal propertyowned by a decedent not domiciled in Wyoming.
39-19-102. Administration; confidentiality; fees; compensation;disposition of tax; disclosure; penalty.
(a) The department of revenue shall collect the following fees:
(i) Ten dollars ($10.00) for a certificate authorizing transferof stock or securities of a corporation; and
(ii) Ten dollars ($10.00) for a certificate showing no tax due.
(b) No officer shall receive any additional compensation otherthan as allowed by law, by reason of duties imposed under this section.
(c) All money collected under W.S. 39-19-101 through 39-19-111shall be credited to the general fund.
(d) No state employee who by virtue of his employment hasknowledge of the business affairs of any person filing or required to file anytax returns under this article shall make known their contents in any manner orpermit any person to have access to any returns or information containedtherein except as provided by law or in the following cases:
(i) The delivery to the taxpayer, his designee or his legalrepresentatives upon written request of a copy of any return or report inconnection with his tax;
(ii) The publication of statistics so classified to prevent theidentification of particular returns or reports;
(iii) The furnishing of any information to the United Statesgovernment and its territories, the District of Columbia, any state allowingsimilar privileges to the department or to the multistate tax commission forrelay to tax officials of cooperating states. Information furnished shall beonly for tax purposes;
(iv) The inspection of tax returns and records by the statedepartment of audit.
(e) Any person who violates subsection (d) of this section isguilty of a misdemeanor and upon conviction shall be fined not more than onethousand dollars ($1,000.00), imprisoned for not more than one (1) year, orboth.
39-19-103. Imposition of tax.
(a) Taxable event. A tax is imposed on the transfer ofproperty constituting the Wyoming gross estate of every decedent.
(b) Basis of tax. The amount of tax is the maximum state deathtax credit allowed to a Wyoming estate as a credit against federal estate taxesunder the laws of the United States for estate, inheritance, legacy andsuccession taxes actually paid to the several states times the ratio which theWyoming gross estate bears to the value of the federal gross estate, or themaximum state death tax credit allowable to a Wyoming gross estate, whicheveris greater. W.S. 39-19-101 through 39-19-111 are intended to take fulladvantage for Wyoming of the credit which is allowed as a deduction from thefederal estate tax liability of estates of decedents, for state taxes uponproperty or transfer thereof by reason of death, without increasing theaggregate of federal and state death, transfer or succession taxes upon anyestate.
(c) Taxpayer. The personal representative of an estate, aportion of which constitutes Wyoming gross estate, shall file with thedepartment a duplicate of all federal estate tax returns and notices requiredto be made to the federal authorities and pay the Wyoming estate tax to thedepartment. Any tax liability under W.S. 39-19-101 through 39-19-111 becomes,from the time the tax liability is due and payable, a debt of the taxpayer tothe state, to be recovered in an action on this title. The attorney generalmay bring an action at the request of the department in the name of the stateto collect any tax liability of any taxpayer under W.S. 39-19-101 through39-19-111.
39-19-104. Taxation rate.
W.S.39-19-101 through 39-19-111 are intended to take full advantage for Wyoming ofthe credit which is allowed as a deduction from the federal estate taxliability of estates of decedents, for state taxes upon property or transferthereof by reason of death, without increasing the aggregate of federal andstate death, transfer or succession taxes upon any estate. The amount of tax isthe maximum state death tax credit allowed to a Wyoming estate as a creditagainst federal estate taxes under the laws of the United States for estate,inheritance, legacy and succession taxes actually paid to the several statestimes the ratio which the Wyoming gross estate bears to the value of thefederal gross estate, or the maximum state death tax credit allowable to aWyoming gross estate, whichever is greater.
39-19-105. Exemptions.
Thereare no specific applicable provisions for exemptions for this chapter.
39-19-106. Licenses; permits.
Thereare no specific applicable provisions for licenses and permits for thischapter.
39-19-107. Compliance; collection procedures.
(a) Returns, reports. The personal representative of anestate, a portion of which constitutes Wyoming gross estate, shall file withthe department a duplicate of all federal estate tax returns and noticesrequired to be made to the federal authorities and pay the Wyoming estate taxto the department. If, subsequent to payment of the Wyoming estate tax itappears that additional estate tax is due Wyoming or an overpayment has beenmade, the department shall assess and collect the additional tax due or authorizea refund of the overpayment to the taxpayer.
(b) Payment. Returns shall be filed and Wyoming estate tax paidat the time federal estate tax returns are required to be filed and federalestate taxes paid under the laws of the United States, including any extensionsof time for filing or payment granted by the federal authorities. If,subsequent to payment of the Wyoming estate tax it appears that additionalestate tax is due Wyoming or an overpayment has been made, the department shallassess and collect the additional tax due or authorize a refund of theoverpayment to the taxpayer. Any tax liability under W.S. 39-19-101 through39-19-111 becomes, from the time the tax liability is due and payable, a debtof the taxpayer to the state, to be recovered in an action on this title. Theattorney general may bring an action at the request of the department in thename of the state to collect any tax liability of any taxpayer under W.S.39-19-101 through 39-19-111.
(c) Timelines. The following shall apply to timelines underthis chapter:
(i) Returns shall be filed and Wyoming estate tax paid at thetime federal estate tax returns are required to be filed and federal estatetaxes paid under the laws of the United States, including any extensions oftime for filing or payment granted by the federal authorities;
(ii) Before a final decree of distribution is entered the courtshall be satisfied by presentation of receipts, cancelled checks, certificates,closing letters and other proof that all federal, state, county and municipaltaxes legally levied upon the property of the estate or due on account of theestate or death of the decedent have been fully paid. All documents presentedto the court shall be filed with the clerk to be preserved as a permanent partof the court file relating to the estate. The court shall not discharge anypersonal representative nor release his bond nor issue a decree of finaldistribution of the estate until:
(A) A receipt from the inheritance tax commissioner is filedshowing no inheritance and estate tax due;
(B) All inheritance and estate taxes and interest have beenpaid; or
(C) The court finds that no inheritance tax or estate tax ischargeable against the estate and excuses the filing of a receipt.
39-19-108. Enforcement.
(a) Audits. If, subsequent to payment of the Wyoming estate taxit appears that additional estate tax is due Wyoming or an overpayment has beenmade, the department shall assess and collect the additional tax due orauthorize a refund of the overpayment to the taxpayer. Any tax liability underW.S. 39-19-101 through 39-19-111 becomes, from the time the tax liability isdue and payable, a debt of the taxpayer to the state, to be recovered in anaction on this title. The attorney general may bring an action at the requestof the department in the name of the state to collect any tax liability of anytaxpayer under W.S. 39-19-101 through 39-19-111.
(b) Interest. There are no specific applicable provisions forinterest in this chapter.
(c) Penalties. There are no specific applicable provisions forpenalties for this chapter.
(d) Liens. There are no specific applicable provisions forliens for this chapter.
(e) Tax sales. There are no specific applicable provisions fortax sales for this chapter.
39-19-109. Taxpayer remedies.
(a) Interpretations requests. There are no specific applicableprovisions for taxpayer remedies for this chapter.
(b) Appeals. The state board of equalization shall perform theduties specified in article 15, section 10 of the Wyoming constitution andshall hear appeals from county boards of equalization and review finaldecisions of the department upon application of any interested person adverselyaffected, including boards of county commissioners for the purposes of thissubsection, under the contested case procedures of the Wyoming AdministrativeProcedure Act. Any interested person adversely affected by the adoption,amendment or repeal of a rule pursuant to W.S. 16-3-103(a) shall be afforded anopportunity for a hearing before the board. In addition, the board shall have thepowers and duties set forth in W.S. 39-11-102(e). Any person including thestate of Wyoming aggrieved by any order issued by the board whose decision hasbeen reversed or modified by the state board of equalization, may appeal thedecision of the board to the district court of the county in which the propertyor some part thereof is situated.
(c) Refunds. If, subsequent to payment of the Wyoming estatetax it appears that additional estate tax is due Wyoming or an overpayment hasbeen made, the department shall assess and collect the additional tax due orauthorize a refund of the overpayment to the taxpayer.
(d) Credits. There are no specific applicable provisions forcredits for this chapter.
(e) Redemption. There are no specific applicable provisions forredemption for this chapter.
(f) Escrow. There are no specific applicable provisions forescrow for this chapter.
39-19-110. Statute of limitations.
Thereare no specific applicable provisions for a statute of limitations for thischapter.
39-19-111. Distribution.
(a) All money collected under W.S. 39-19-101 through 39-19-111shall be credited as follows:
(i) The first ten million dollars ($10,000,000.00) in eachfiscal year to the general fund; and
(ii) The remainder to the budget reserve account.