§ 3706. Enforcement of contribution or exoneration of Federal estate tax
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: December 27, 2010
Effective: December 27, 2010
20 Pa.C.S.A. § 3706
§ 3706. Enforcement of contribution or exoneration of Federal estate tax
(b) Power of fiduciary.--The fiduciary charged with the duty to pay the Federal estate tax may recover from parties liable to apportionment the amounts of Federal estate tax apportioned to them. If the fiduciary pays the tax apportioned against another party, the fiduciary may recover from the other party the tax payment so advanced, together with interest of 5% per annum from the date of payment.
(d) Court decrees.--Notwithstanding subsections (a) and (b), the court, upon petition or at an accounting or in any appropriate action or proceeding, shall make such decrees or orders as it shall deem advisable apportioning the Federal estate tax. The court may direct a fiduciary to collect the apportioned amounts from the property or interests in his possession of any parties against whom apportionment has been made and may direct all other parties against whom the Federal estate tax has been or may be apportioned or from whom any part of the Federal estate tax may be recovered to make payment of the apportioned amounts to the fiduciary. When a fiduciary holds property of a party liable to apportionment insufficient to satisfy the apportioned Federal estate tax, the court may direct that the balance of the apportioned amount of Federal estate tax shall be paid to the fiduciary by the party liable. Should an overpayment of the Federal estate tax be made by any party or on his behalf, the court may direct an appropriate reimbursement for the overpayment. If the court apportions any part of the Federal estate tax against any party interested in nontestamentary property or among the respective interests created by any nontestamentary instrument, the court, in its discretion, may assess against those properties or interests an equitable share of the expenses incurred in connection with the determination and apportionment of the Federal estate tax. If the fiduciary cannot recover the Federal estate tax apportioned against a party benefited, the unrecovered amount shall be charged in such manner as the court may determine.
Credits
1982, Feb. 18, P.L. 45, No. 26, § 4, imd. effective. Amended 1992, Dec. 16, P.L. 1163, No. 152, § 9, imd. effective; 2010, Oct. 27, P.L. 837, No. 85, § 4, effective in 60 days [Dec. 27, 2010].
20 Pa.C.S.A. § 3706, PA ST 20 Pa.C.S.A. § 3706
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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