SECTIONS 13301-13304 - California Statutes

REVENUE AND TAXATION CODE

SECTION 13301-13304

13301. Neither the state nor any political subdivision of the state
shall impose any gift, inheritance, succession, legacy, income, or
estate tax, or any other tax, on gifts or on the estate or
inheritance of any person or on or by reason of any transfer
occurring by reason of a death.

13302. Notwithstanding the provisions of Section 13301, whenever a
federal estate tax is payable to the United States, there is hereby
imposed a California estate tax equal to the portion, if any, of the
maximum allowable amount of the Credit for State Death Taxes,
allowable under the applicable federal estate tax law, which is
attributable to property located in the State of California. However,
in no event shall the estate tax hereby imposed result in a total
death tax liability to the State of California and the United States
in excess of the death tax liability to the United States which would
result if this section were not in effect.

13303. The Legislature shall provide for the collection and
administration of the tax imposed by Section 13302.

13303. In a case where a decedent leaves property having a situs in
this state, and leaves other property having a situs in another
state, or other states, the portion of the maximum state death tax
credit allowable against the federal estate tax on the total estate
by the federal estate tax law which is attributable to the property
having a situs in California shall be determined in the following
manner:
(a) For the purpose of apportioning the maximum state death tax
credit, the gross value of the property shall be that value finally
determined for federal estate tax purposes.
(b) The maximum state death tax credit allowable shall be
multiplied by the percentage which the gross value of property having
a situs in California bears to the gross value of the entire estate
subject to federal estate tax.
(c) The product determined pursuant to subdivision (b) shall be
the portion of the maximum state death tax credit allowable which is
attributable to property having a situs in California.

13304. In a case where the gross estate of a decedent includes
property having a situs in this state, and includes other property
having a situs in another state, or other states, the portion of the
maximum state death tax credit allowable against the federal estate
tax on the total estate by the federal estate tax law that is
attributable to the property having a situs in California shall be
determined in the following manner:
(a) For the purpose of apportioning the maximum state death tax
credit, the gross value of the property shall be that value finally
determined for federal estate tax purposes.
(b) The maximum state death tax credit allowable shall be
multiplied by the percentage which the gross value of property having
a situs in California bears to the gross value of the entire estate
subject to federal estate tax.
(c) The product determined pursuant to subdivision (b) shall be
the portion of the maximum state death tax credit allowable that is
attributable to property having a situs in California.