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Repeal of Florida Estate Tax Return Filing Requirement Is Permanently Extended

On July 3, 2013, the Florida Department of Revenue (the “DOR”), in TIP # 13C03-01, announced the permanent repeal of the requirement to file a Florida Estate Tax Return (Form F-706).  This repeal applies to all estates of, and no Florida estate tax is due for, decedents who died on or after January 1, 2005.  Note, however, that filing a federal estate tax return and payment of federal estate taxes may be necessary for an estate of a decedent with ties to Florida.

 

The DOR also noted that the following in order to release the Florida estate tax lien (if the decedent died on or after January 1, 2005):

1) If an estate is not required to file Form 706 or Form 706-NA with the IRS, then Form DR-312, Affidavit of No Florida Estate Tax Due should be filed with the clerk of the court in the county where the property is located; or

2) If an estate is required to file Form 706 or Form 706-NA with the IRS, then Form DR-313Affidavit of No Florida Estate Tax Due When Federal Return is Required should be filed with the clerk of the court in the county where the property is located.

 

From my end, I cannot understand why affidavits of no Florida estate tax due need to be filed at all for estates of decedents who die on or after January 1, 2005.  If no Florida estate tax is due on an estate, how can an estate tax lien be imposed?  Nevertheless, filing these returns is an important part of the process to transfer title of a decedent’s property.

 

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