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Form 706 California San Bernardino: What You Should Know

Million in federal estate tax  The California estate and gift tax laws also have provisions for those who do not have  a state tax return. California has two types the “nonresidents” or  Nonresident Estate Tax. The first part of the description below applies to  Tax-Exempt and Non-Exempt Estate. The second part has to do with nonresidents who  do not meet one of the two other qualifications to be tax-exempt or non-exempt. Non-exempt Estate (IRS Form 706) In this case spouse is deemed to be tax-exempt and he/she cannot be taxed (i) any federal income tax; (ii) California Estate tax; or (iii) California tax on any estate or inheritance. These persons do not have to pay any federal estate tax or California tax on an additional amount on his/her estate if they pay it to the state tax office. A filing is not necessary for this scenario. Non-exempt Estate With Certain Qualifying Qualifications In this case spouse is deemed to be tax-exempt and he/she cannot be taxed (i) any federal income tax, (ii) California Estate tax, or (iii) California tax (on the addition of a non-exempt amount) on an Additional amount and if he/she pays it to the state tax office. This filing is required to be filed with the state controller's office. Non-exempt Estate With Qualifying Qualifications In this case spouse is deemed to be tax-exempt and he/she cannot be taxed (i) any federal income tax, (ii) California Estate tax, or (iii) California tax on an Additional amount If the nonresident person who is not a resident, he/she  must meet both of the other qualifications, regardless of filing requirements. California tax returns can be  filed for up to two years prior to the date of death, but only for residents. For non-residents, there  is a 250 filing fee per return, regardless of the number of returns filed. A tax liability must  be reported to the state. (Nonresident Estate Tax & Mayor Report Forms) Example: A single mom's son is planning to leave for college.

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