Section 2-10-101 – Short Title.
2-10-101. Short title. This act may be cited as the “Uniform Estate Tax Apportionment Act”.
Section 2-10-102 – Definitions.
2-10-102. Definitions. (a) As used in W.S. 2-10-101 through 2-10-110: (i) “Estate” means the gross estate of a decedent as determined for the purpose of federal estate tax; (ii) “Fiduciary” means executor, administrator of any description, and trustee; (iii) “Person” means any individual, partnership, association, joint stock company, corporation, government, political subdivision of a government, […]
Section 2-10-103 – Among All Persons Interested in Estate; Exception.
2-10-103. Among all persons interested in estate; exception. Unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment shall be made in proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all […]
Section 2-10-104 – Probate Court to Determine; Discretion Allowed; Presumption of Correctness.
2-10-104. Probate court to determine; discretion allowed; presumption of correctness. (a) The probate court having jurisdiction over the administration of the estate of a decedent shall determine the apportionment of the tax. If there are no probate proceedings, the probate court of the county wherein the decedent was domiciled at death upon the application of […]
Section 2-10-105 – Withholding Upon Distribution of Estate; Right to Recover Deficiency; Security Required if Distribution Made Prior to Final Apportionment.
2-10-105. Withholding upon distribution of estate; right to recover deficiency; security required if distribution made prior to final apportionment. (a) The fiduciary or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon his distribution to […]
Section 2-10-106 – Allowances for Exemptions or Deductions and Credits.
2-10-106. Allowances for exemptions or deductions and credits. (a) In making an apportionment, allowances shall be made for any exemptions granted and for any deductions and credits allowed by the law imposing the tax. (b) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of […]
Section 2-10-107 – Charging Temporary Interest and Remainder.
2-10-107. Charging temporary interest and remainder. No interest in income and no estate for years or for life or other temporary interest in any property or fund shall be subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder shall […]
Section 2-10-108 – Institution of Actions or Proceedings to Recover Tax; Generally; Apportionment of Amounts Not Collected.
2-10-108. Institution of actions or proceedings to recover tax; generally; apportionment of amounts not collected. Neither the fiduciary nor other person required to pay the tax shall be under any duty to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person […]
Section 2-10-109 – Institution of Actions or Proceedings to Recover Tax; Actions by Nonresidents.
2-10-109. Institution of actions or proceedings to recover tax; actions by nonresidents. (a) Subject to the conditions in subsection (b) of this section a fiduciary acting in another state or a person required to pay the tax resident in another state may institute an action in the courts of this state and may recover a […]
Section 2-10-110 – Interpretation and Construction.
2-10-110. Interpretation and construction. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.