Indiana Inheritance Tax Statutes & Regulations

Indiana inheritance tax codes mandate that heirs file tax returns for the deceased.

The old adage that the only way to escape taxes is to die is not accurate in the state of Indiana, where an heir to the deceased must file an income tax return for the dead if the estate amount exceeds state limits.

Time Frame

The Indiana inheritance tax return must be filed with the county probate court within nine months of the death of the estate holder.

Features

Indiana's tax statutes assess, "...at the time of a decedent's death, a tax on the privilege of succeeding to certain property rights of deceased persons," according to LexisNexis.

Considerations

The personal representative of the estate must file form IH-6 for the tax year listing the deceased's real estate, cash, notes, stocks, life insurance, other property, annuities, pensions and retirements

Requirements

Indiana Code 6-4.1-3-10, as amended July 1, 1997, allows children of the deceased to take a one-time tax exemption of $100,000 on inherited cash, real property and benefits.

Solution

If the estate does not have a personal representative, a joint owner, heir or trustee may file the inheritance tax return.

References

• Indiana Inheritance Tax: General Instructions
• LexisNexis: Case Law Full Display: Cause No. 33T10-9902-TA-11
• Indiana Inheritance Tax: General Instructions

Resources

• IH-6 Indiana Inheritance Tax Return