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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 23. Taxation |
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Agency 10. Department of Taxation |
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Chapter 300. Estate Tax |
Section 20. Definitions
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A. Federal credit. The following table gives the computation of the maximum credit that was allowable under § 2011 on January 1, 1978:
(Table C—IRS Form 706)
Computation of Maximum Credit for State Death Taxes
(Based on federal adjusted taxable estate which is the federal taxable estate reduced by $60,000)Adjusted taxable estate equal to or more than--
Adjusted taxable estate less than--
Credit on amount in column (1)
Rate of credit on excess over amount in column (1)
(1)
(2)
(3)
(4)
(Percent)
$0
$40,000
$0
None
40,000
90,000
0
0.8
90,000
140,000
400
1.6
140,000
240,000
1,200
2.4
240,000
440,000
3,600
3.2
440,000
640,000
10,000
4.0
640,000
840,000
18,000
4.8
840,000
1,040,000
27,600
5.6
1,040,000
1,540,000
38,800
6.4
1,540,000
2,040,000
70,800
7.2
2,040,000
2,540,000
106,800
8.0
2,540,000
3,040,000
146,800
8.8
3,040,000
3,540,000
190,800
9.6
3,540,000
4,040,000
238,800
10.4
4,040,000
5,040,000
290,800
11.2
5,040,000
6,040,000
402,800
12.0
6,040,000
7,040,000
522,800
12.8
7,040,000
8,040,000
650,800
13.6
8,040,000
9,040,000
786,800
14.4
9,040,000
10,040,000
930,800
15.2
10,040,000
--
1,082,800
16.0
B. "Nonresident alien" means a decedent who was not a resident or citizen of the United States at the time of his or her death.
C. Personal representative includes persons listed in § 1-13.21, Code of Virginia.
D. "Resident means a decedent who was domiciled in the Commonwealth of Virginia at his death." § 58.1-901. The determination of domicile is a factual matter which must be resolved on an individual case basis. A person can have only one domicile. If he has two or more places of abode, his domicile is the one which is determined to be his permanent home. Consideration is given to a number of factors in determining a decedent's domicile, including the following: length of time of residence; place of birth and marriage; place of business, profession or employment; residence of family; reason for acquiring or abandoning domicile; situs of real and tangible property; location of savings and checking accounts; motor vehicle registration and licensing; motor vehicle operator's license; voter registration; membership in clubs and civic groups; charitable contributions; in the case of a minor decedent, domicile of parents; and in the case of a married decedent, domicile of husband or wife and children.
No single factor is dispositive in determining domicile; rather, the factors are examined collectively to determine if the intent to acquire or abandon Virginia domicile exists. A simple declaration of intent to abandon domicile, or physical presence elsewhere, is insufficient to abrogate Virginia domicile.
E. Resident alien means a decedent who was not a citizen of the United States, but was a resident of the United States.
Historical Notes
Derived from VR630-7-901, eff. January 1, 1985, with retroactive effect according to § 58.1-203 of the Code of Virginia.