Tennessee Code Annotated

Title 67: Taxes and Licenses

Chapter 8: Transfer Taxes

Part 4: Inheritance Tax - Administration

TCA 67-8-409: Return and inventory of estate.

(a) Upon receipt of the statement from the clerk of the probate court pursuant to SC 67-8-406(a), the commissioner shall furnish the personal representative of the estate all necessary forms for the proper inventorying and return of the property of the estate.

(b) The personal representative, or person or persons in possession of property of the decedent, shall within nine (9) months from the death of the decedent, prepare and file with the commissioner an exact copy of the will, if any, and a return of the estate for all estates in which the gross estate exceeds the maximum single exemption allowed in SC 67-8-316. The return of the decedent shall be executed under penalties of perjury upon the form prescribed by the commissioner.

(c) If, however, the gross estate of a resident decedent is less than the maximum single exemption allowed by SC 67-8-316, the personal representative or person in possession of property may file a copy of decedent's will, if any, and a return of the estate, executed under penalty of perjury, upon a short form prescribed by the commissioner.

(d) An extension of twelve (12) months in which to file the return required by this section, and to pay the tax shown to be due, shall be granted; provided, that a request for extension is made in writing by the personal representative or person in possession on a form prescribed by the commissioner, or by providing a copy of the personal representative's request for an automatic extension of time to file the federal estate tax return. The request shall not be filed on the original due date of the return, but, instead, shall be attached to the return filed on or before the extended due date. Interest, as provided by SC 67-1-801(a), shall attach to the unpaid amount due, from the original due date of the return until the date paid. If the taxpayer fails to file the request for extension required by this subsection (d), or if the return is not filed with payment of the tax shown to be due by the extended due date, penalty as provided by SC 67-1-804 shall attach as though no extension had been granted. If the personal representative or person in possession is unable to file a complete return, the personal representative or person in possession shall include in the return such part as is within the control and/or knowledge of the personal representative or person in possession, and shall include the names of every other person holding a legal or beneficial interest in the return. Upon notice from the commissioner, such person shall in like manner file a return as to that part of the gross estate that is within such person's control and/or knowledge.

(e) (1) In the event the return and inventory required by this section are not filed until nine (9) months from the date of the death of the decedent, the tax shall be paid at the time the return is filed, unless an extension of time for the payment thereof is granted by the commissioner.

(2) The representative of the estate, in the representative's discretion, may file the return earlier and permit the commissioner to proceed with the appraisal of the estate prior to the payment of tax.

(f) Upon receipt of the return, the commissioner shall proceed with the appraisal and investigation of the estate as provided in subsections (a)-(e), and upon the completion thereof, shall make an assessment of any additional amounts found to be due, giving notice to the representative or individual preparing the return.

(g) Any other provisions of this section notwithstanding, the following shall apply, if the gross estate of a decedent does not exceed one hundred thousand dollars ($100,000):

(1) If the decedent made no gifts during the decedent's lifetime and prior to January 1, 2012, in excess of the maximum single exemption allowable free of tax under SC 67-8-104, the court may waive the filing of an inheritance tax return upon a statement to such effect by the personal representative or person in possession executed under penalty of perjury. It shall not be necessary for the clerk to forward a copy of the statement to the commissioner, unless requested; and

(2) If the decedent made one (1) or more gifts in excess of the maximum exemption allowable free of tax under SC 67-8-104 prior to January 1, 2012, the personal representative or person in possession may provide relevant information concerning such gifts upon a short form provided by the commissioner without the necessity of reporting otherwise, unless requested by the commissioner.

History: Acts 1929 (Ex. Sess.), ch. 29, SC 3(4), (5); Code 1932, SCSC 1276, 1277; Acts 1937, ch. 129, SC 4; 1939, ch. 101, SC 1; 1943, ch. 114, SCSC 1, 2; C. Supp. 1950, SCSC 1276, 1277; Acts 1971, ch. 87, SC 1; 1971, ch. 118, SCSC 1, 2; 1973, ch. 362, SC 3; 1977, ch. 394, SC 1; 1978, ch. 731, SCSC 9, 10; impl. am. Acts 1978, ch. 934, SC 36; T.C.A. (orig. ed.), SCSC 30-1619, 30-1620; Acts 1984, ch. 845, SC 1; 1985, ch. 364, SCSC 6, 7; 1987, ch. 324, SC 1; 1997, ch. 426, SC 23; 2009, ch. 530, SC 97; 2012, ch. 1085, SCSC 3, 4.