2010 Wyoming Statutes
Title 39 - Taxation And Revenue
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 or its designee;

 

(ii) "Federal gross estate" means the gross estate of any 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 no executor appointed, qualified and acting within Wyoming, then any person in actual or constructive possession of any property of the decedent;

 

(iv) "Taxpayer" means the personal representative of an estate and the estate itself;

 

(v) "Wyoming gross estate" means the value of the federal gross estate of a decedent excluding the value of real or tangible personal property which has an actual situs outside Wyoming at the time of death of the decedent, and excluding the value of intangible personal property owned 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 transfer of 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 other than as allowed by law, by reason of duties imposed under this section.

 

(c) All money collected under W.S. 39-19-101 through 39-19-111 shall be credited to the general fund.

 

(d) No state employee who by virtue of his employment has knowledge of the business affairs of any person filing or required to file any tax returns under this article shall make known their contents in any manner or permit any person to have access to any returns or information contained therein except as provided by law or in the following cases:

 

(i) The delivery to the taxpayer, his designee or his legal representatives upon written request of a copy of any return or report in connection with his tax;

 

(ii) The publication of statistics so classified to prevent the identification of particular returns or reports;

 

(iii) The furnishing of any information to the United States government and its territories, the District of Columbia, any state allowing similar privileges to the department or to the multistate tax commission for relay to tax officials of cooperating states. Information furnished shall be only for tax purposes;

 

(iv) The inspection of tax returns and records by the state department of audit.

 

(e) Any person who violates subsection (d) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000.00), imprisoned for not more than one (1) year, or both.

 

39-19-103. Imposition of tax.

 

(a) Taxable event. A tax is imposed on the transfer of property constituting the Wyoming gross estate of every decedent.

 

(b) Basis of tax. The amount of tax is the maximum state death tax credit allowed to a Wyoming estate as a credit against federal estate taxes under the laws of the United States for estate, inheritance, legacy and succession taxes actually paid to the several states times the ratio which the Wyoming gross estate bears to the value of the federal gross estate, or the maximum state death tax credit allowable to a Wyoming gross estate, whichever is greater. W.S. 39-19-101 through 39-19-111 are intended to take full advantage for Wyoming of the credit which is allowed as a deduction from the federal estate tax liability of estates of decedents, for state taxes upon property or transfer thereof by reason of death, without increasing the aggregate of federal and state death, transfer or succession taxes upon any estate.

 

(c) Taxpayer. The personal representative of an estate, a portion of which constitutes Wyoming gross estate, shall file with the department a duplicate of all federal estate tax returns and notices required to be made to the federal authorities and pay the Wyoming estate tax to the department. 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 to the state, to be recovered in an action on this title. The attorney general may bring an action at the request of the department in the name of the state to collect any tax liability of any taxpayer under W.S. 39-19-101 through 39-19-111.

 

39-19-104. Taxation rate.

 

W.S. 39-19-101 through 39-19-111 are intended to take full advantage for Wyoming of the credit which is allowed as a deduction from the federal estate tax liability of estates of decedents, for state taxes upon property or transfer thereof by reason of death, without increasing the aggregate of federal and state death, transfer or succession taxes upon any estate. The amount of tax is the maximum state death tax credit allowed to a Wyoming estate as a credit against federal estate taxes under the laws of the United States for estate, inheritance, legacy and succession taxes actually paid to the several states times the ratio which the Wyoming gross estate bears to the value of the federal gross estate, or the maximum state death tax credit allowable to a Wyoming gross estate, whichever is greater.

 

39-19-105. Exemptions.

 

There are no specific applicable provisions for exemptions for this chapter.

 

39-19-106. Licenses; permits.

 

There are no specific applicable provisions for licenses and permits for this chapter.

 

39-19-107. Compliance; collection procedures.

 

(a) Returns, reports. The personal representative of an estate, a portion of which constitutes Wyoming gross estate, shall file with the department a duplicate of all federal estate tax returns and notices required to be made to the federal authorities and pay the Wyoming estate tax to the department. If, subsequent to payment of the Wyoming estate tax it appears that additional estate tax is due Wyoming or an overpayment has been made, the department shall assess and collect the additional tax due or authorize a refund of the overpayment to the taxpayer.

 

(b) Payment. Returns shall be filed and Wyoming estate tax paid at the time federal estate tax returns are required to be filed and federal estate taxes paid under the laws of the United States, including any extensions of time for filing or payment granted by the federal authorities. If, subsequent to payment of the Wyoming estate tax it appears that additional estate tax is due Wyoming or an overpayment has been made, the department shall assess and collect the additional tax due or authorize a refund of the overpayment to the taxpayer. 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 to the state, to be recovered in an action on this title. The attorney general may bring an action at the request of the department in the name 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 under this chapter:

 

(i) Returns shall be filed and Wyoming estate tax paid at the time federal estate tax returns are required to be filed and federal estate taxes paid under the laws of the United States, including any extensions of time for filing or payment granted by the federal authorities;

 

(ii) Before a final decree of distribution is entered the court shall be satisfied by presentation of receipts, cancelled checks, certificates, closing letters and other proof that all federal, state, county and municipal taxes legally levied upon the property of the estate or due on account of the estate or death of the decedent have been fully paid. All documents presented to the court shall be filed with the clerk to be preserved as a permanent part of the court file relating to the estate. The court shall not discharge any personal representative nor release his bond nor issue a decree of final distribution of the estate until:

 

(A) A receipt from the inheritance tax commissioner is filed showing no inheritance and estate tax due;

 

(B) All inheritance and estate taxes and interest have been paid; or

 

(C) The court finds that no inheritance tax or estate tax is chargeable against the estate and excuses the filing of a receipt.

 

39-19-108. Enforcement.

 

(a) Audits. If, subsequent to payment of the Wyoming estate tax it appears that additional estate tax is due Wyoming or an overpayment has been made, the department shall assess and collect the additional tax due or authorize a refund of the overpayment to the taxpayer. 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 to the state, to be recovered in an action on this title. The attorney general may bring an action at the request of the department in the name of the state to collect any tax liability of any taxpayer under W.S. 39-19-101 through 39-19-111.

 

(b) Interest. There are no specific applicable provisions for interest in this chapter.

 

(c) Penalties. There are no specific applicable provisions for penalties for this chapter.

 

(d) Liens. There are no specific applicable provisions for liens for this chapter.

 

(e) Tax sales. There are no specific applicable provisions for tax sales for this chapter.

 

39-19-109. Taxpayer remedies.

 

(a) Interpretations requests. There are no specific applicable provisions for taxpayer remedies for this chapter.

 

(b) Appeals. The state board of equalization shall perform the duties specified in article 15, section 10 of the Wyoming constitution and shall hear appeals from county boards of equalization and review final decisions of the department upon application of any interested person adversely affected, including boards of county commissioners for the purposes of this subsection, under the contested case procedures of the Wyoming Administrative Procedure 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 an opportunity for a hearing before the board. In addition, the board shall have the powers and duties set forth in W.S. 39-11-102(e). Any person including the state of Wyoming aggrieved by any order issued by the board whose decision has been reversed or modified by the state board of equalization, may appeal the decision of the board to the district court of the county in which the property or some part thereof is situated.

 

(c) Refunds. If, subsequent to payment of the Wyoming estate tax it appears that additional estate tax is due Wyoming or an overpayment has been made, the department shall assess and collect the additional tax due or authorize a refund of the overpayment to the taxpayer.

 

(d) Credits. There are no specific applicable provisions for credits for this chapter.

 

(e) Redemption. There are no specific applicable provisions for redemption for this chapter.

 

(f) Escrow. There are no specific applicable provisions for escrow for this chapter.

 

39-19-110. Statute of limitations.

 

There are no specific applicable provisions for a statute of limitations for this chapter.

 

39-19-111. Distribution.

 

(a) All money collected under W.S. 39-19-101 through 39-19-111 shall be credited as follows:

 

(i) The first ten million dollars ($10,000,000.00) in each fiscal year to the general fund; and

 

(ii) The remainder to the budget reserve account.