Tax Rules: Final: 5703-21
5703-21-04 - Estate tax: extensions
of time for payment for undue hardship
(A) An application for an extension of time for payment of
estate tax liability for undue hardship, as defined in
division (A) of section 5731.25 of the Revised Code, shall be
filed on a form prescribed by the tax commissioner. The
applicant shall state the amount requested for extension and
the length of time of the extension requested, not to exceed
one year. The application shall include a detailed
explanation of the undue hardship to the estate that would
result if the requested extension is denied.
(B) The personal representative who is required to file the
estate tax return for the decedent's estate may file an
application for an extension of time to pay. "Personal
representative" means the executor, executrix, administrator,
or administratrix of the estate. If no executor, executrix,
administrator or administratrix is appointed, "personal
representative" means any person in actual or constructive
possession of any property of the decedent. Any authorized
attorney or other agent holding a power of attorney may apply
for an extension on behalf of the personal representative.
The personal representative or his representative must sign
the application form.
(C) The amount of the tax for which an extension is granted,
with any interest or other additions to that amount, shall be
paid on or before the expiration of the period of the
extension without the necessity of notice or demand from the
tax commissioner.
(D) The granting of an extension under this rule will not
relieve the estate from liability for the payment of interest
on the amount allowed during the period of extension.
(E) The application for an extension under this rule shall be
filed with the tax commissioner not less than forty-five days
prior to the expiration of nine months from the date of the
decedent's death. The granting of an extension under this
rule will not relieve the personal representative of the duty
to file the estate tax return on or before the due date as
required by section 5731.21 of the Revised Code.
(F) In the case of a continuing undue hardship, the personal
representative may apply for an additional extension. The
application for an additional extension shall be filed in the
same manner as the original application and must be filed not
less than thirty days before the expiration of the previous
extension. The period of each extension shall not exceed one
year and the total of all allowed extensions shall not exceed
fourteen years.
Effective: 1-20-87
Promulgated under: 5703.14
Authorized by: 5703.05
Amplifies: 5731.25