§ 27-9-1. Citation of chapter
This chapter may be cited as the estate tax law.
§ 27-9-10. Deduction of value of qualified terminable interest property from gross estate in determining net estate; limitation to resident
In the case of a resident, the value of qualified terminable interest property shall be deducted from the value of the gross estate in determining the net estate. For purposes of this subsection (1): Subparagraph (ii) 2. shall not apply to a power exercisable only at or after the death of the surviving spouse. The […]
§ 27-9-11. Specific exemption as to estate of resident decedent
For the purposes of the tax imposed by this chapter the value of the taxable estate shall be determined in the case of a resident by deducting from the gross estate, after the deductions provided for in Section 27-9-9 have been made, the sum of One Hundred Twenty Thousand Six Hundred Sixty-six Dollars ($120,666.00) in […]
§ 27-9-13. When intangibles of nonresident are exempt
The tax imposed under the estate tax law of this state in respect of personal property (except tangible personal property having an actual situs in this state) shall not be payable (a) if the transferor at the time of his death was a resident of a state or territory of the United States, or the […]
§ 27-9-15. Determination of net estate of nonresident decedent
[For decedents dying before October 1, 1988, this section shall read as follows:] For the purposes of the tax in the case of a nonresident, the value of the net estate shall be determined by deducting from the value of that part of the gross estate which, at the time of death, is situated in […]
§ 27-9-17. Deductions and exemptions as to estate of nonresident decedent
The executor of the estate of a nonresident shall have the option of paying an estate tax due under this chapter by paying on the proportion of the estate located in Mississippi, which said proportion bears to the entire estate wheresoever located, and taking the allowable deductions and exemptions in the same proportions, or by […]
§ 27-9-19. Situs of property
For the purpose of this tax, all tangible property, real, personal or mixed, located within the State of Mississippi at the date of decedent’s death shall be deemed property within this state and shall be reported unless otherwise exempt.
§ 27-9-21. Notice
The executor of an estate of gross value exceeding the amount of the specific exemption provided in Section 27-9-11 shall, within sixty (60) days after the decedent’s death or within a like period after qualifying as such, give written notice thereof to the commissioner. Such notice shall show the name of the decedent, the date […]
§ 27-9-23. Executor to make return
Within nine (9) months, or any extensions thereof, after the death of the decedent, the executor shall make a return in all cases where the gross estate at the time of death of the decedent exceeds the amount of the specific exemption provided in Section 27-9-11 and in the estate of every nonresident when any […]
§ 27-9-25. No administration; false return; duty of commissioner
If no administration is granted upon the estate of the decedent, or if no return is filed or if the return contains a false or incorrect statement of material facts, the commissioner or his deputy or agent appointed by him under law, shall make a return and the commissioner shall assess the tax thereon as […]
§ 27-9-27. When tax due
The tax shall constitute a debt due the state and shall be due and payable nine (9) months after the decedent’s death but in any case where the commissioner finds that payment of the tax within such period would impose undue hardship on the estate he may grant an extension or extensions of time for […]
§ 27-9-29. Receipts; executor’s return, discharge
The commissioner shall grant the person paying the tax a temporary receipt upon the payment of the amount of tax shown to be due on the return or any part thereof, but all returns shall remain subject to investigation and audit by the commissioner, who shall furnish to the person paying the tax or to […]
§ 27-9-3. Definitions
When used in reference to the estate tax in this chapter: “Commission,” “State Tax Commission” or “department” means the Department of Revenue of the State of Mississippi. “Commissioner,” “Chairman of the State Tax Commission” or “chairman of the commission” means the Commissioner of Revenue of the Department of Revenue, or any agent appointed by law […]
§ 27-9-33. Party paying reimbursed
If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of, any person other than the executor in his capacity as such, such person shall be entitled to a reimbursement out of any part of the estate still undistributed or by a […]
§ 27-9-35. Lien
Unless the tax is sooner paid in full, it shall be a lien for four (4) years from the date of filing the return upon the gross estate of the decedent when an estate tax return has been filed with the commissioner, but in cases where no estate tax return is filed the lien shall […]
§ 27-9-37. Personal liability of the executor
Every executor, administrator, or assignee, or other person, who pays any debts, except as hereinbefore provided for, due by the person or estate from whom or for which he acts, before he satisfies and pays the tax due the State of Mississippi under this law, from such person or estate, shall become answerable in his […]
§ 27-9-39. Action for recovery of taxes; applicable laws
Action may be brought at any time by the commissioner or the Attorney General of the state in the name of the commissioner to recover the amount of any tax, penalties and interest due under this chapter. Such action shall be brought in the county and district where the taxpayer resides. All administrative provisions of […]
§ 27-9-41. Tax upon settlement of executor’s account
No final account of an executor shall be allowed by any court unless such account shows, and the judge of said court finds, that all taxes imposed by the provisions of this chapter upon said executor which have become payable, have been paid. The certificate of the commissioner and the receipt for the amount of […]
§ 27-9-43. Examination of returns
As soon as practicable after the return is filed, the commissioner shall examine it, if it then appears that the correct amount of tax is greater or less than that shown in the return, the tax shall be recomputed. If the amount already paid exceeds that which should have been paid on the basis of […]
§ 27-9-45. Additional taxes; assessments following determination of taxpayer’s contest with federal government
If no return is made by an executor required to make returns, as provided herein, the commissioner shall give written notice by mail to such executor to make such returns within thirty (30) days from the date of such notice and if such executor shall fail or refuse to make such returns as he may […]