140.080 Exemptions of inheritable interests.
561 words·~3 min read·
/ky/chapter-140/140-080A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The following exemptions chargeable against the lowest bracket or brackets of
inheritable interests shall be free from any tax under the preceding provisions of this
chapter:
(a)Surviving spouse, total inheritable interest. Effective as to decedents dying
after August 1, 1985, notwithstanding anything in this chapter to the contrary,
if the decedent's personal representative (or trustee or transferee, absent a
personal representative) shall so elect, the spouse's inheritable interest shall
include the entire value of any trust or life estate which is in a form that
qualifies for the federal estate tax marital deductions under section 2056(b)(5)
or 2056(b)(7) of the Internal Revenue Code of 1954, as amended through
December 31, 1984, regardless of whether or not the federal estate tax marital
deduction is elected by the decedent's personal representative. To be valid, the
election referred to in the sentence immediately preceding must be made in
the form prescribed by the Department of Revenue and must be filed on or
before the due date of the tax return (plus extensions) or with the first tax
return filed, whichever last occurs;
(b)Class A beneficiaries as defined in KRS 140.070, other than the surviving
spouse, of estates of decedents dying prior to July 1, 1995, as follows:
1. Infant child by blood or adoption, $20,000;
2. Child by blood who has been declared mentally disabled by a court of
competent jurisdiction, $20,000;
3. Child adopted during infancy who has been declared mentally disabled
by a court of competent jurisdiction, $20,000; or a
4. Child adopted during adulthood who was reared by the decedent during
infancy and who has been declared mentally disabled by a court of
competent jurisdiction, $20,000;
5. Parent, $5,000;
6. Child by blood, $5,000;
7. Stepchild, $5,000;
8. Child adopted during infancy, $5,000;
9. Child adopted during adulthood who was reared by the decedent during
infancy, $5,000; or a
10. Grandchild who is the issue of a child by blood, the issue of a stepchild,
the issue of a child adopted during infancy or the issue of a child
adopted during adulthood who was reared by the decedent during
infancy, $5,000;
(c)Class A beneficiaries as defined in KRS 140.070, other than the surviving
spouse, of estates of decedents dying on or after July 1, 1995, shall be as
follows:
1. For decedents dying between July 1, 1995, and June 30, 1996, the
greater of the exemption established pursuant to paragraph (1)(b) of this
section or one-fourth (1/4) of each beneficiary's inheritable interest;
2. For decedents dying between July 1, 1996, and June 30, 1997, the
greater of the exemption established pursuant to paragraph (1)(b) of this
section or one-half (1/2) of each beneficiary's inheritable interest;
3. For decedents dying between July 1, 1997, and June 30, 1998, the
greater of the exemption established pursuant to paragraph (1)(b) of this
section or three-fourths (3/4) of each beneficiary's inheritable interest;
and
4. For each decedent dying after June 30, 1998, each beneficiary's total
inheritable interest;
(d)All persons of Class B, under KRS 140.070, $1,000; and
(e)All persons of Class C, under KRS 140.070, $500.
(2)If the decedent was not a resident of this state, the exemption shall be the same
proportion of the allowable exemption in the case of residents that the property
taxable by this state bears to the whole property transferred by the decedent.