[WSBAPT] late estate tax return

[Philip N. Jones]

Tom:
Thanks for that cite.  I read it the same way you do.  If it is a no-tax-due return, the penalty is zero.  If a tax is due, interest is due, plus a penalty is due if the department has contacted the executor, and the penalty cannot exceed the lesser of 25% of the tax or $1500.  So $1500 appears to be the absolute maximum penalty.  But if there is no tax due, the penalty is zero regardless of how late the filing might be, or regardless of whether the department contacted you.
Phil Jones
Portland

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas M. Culbertson
Sent: Friday, November 02, 2018 9:04 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] late estate tax return

Phil, take a look at RCW 83.100.070(3).  No penalty if you file before DOR contacts you in writing about the late return. The penalty is 5% of tax due for each month the return is late, but up to a maximum of the lesser of 25% of tax due and (get this) $1,500.   I just filed one a month late and I’m certainly hoping I don’t have an undiagnosed case of sudden onset dyslexia.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Thursday, November 01, 2018 1:46 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] late estate tax return

Does Washington impose a penalty on a late no-tax-due (100% marital deduction) Washington estate tax return?  It appears that the penalty is a percent of the tax, or zero.
Phil Jones
Portland, OR

Philip N. Jones |Duffy Kekel LLP
111 SW 5th Ave, Suite 1500, Portland OR 97204
(503) 226-1371 (main)| (503) 226-3574 (fax)
pjones at duffykekel.com<mailto:pjones at duffykekel.com>



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