Brief ⁽¹⁾

HB 2672 would amend the Kansas Estate Tax Act to clarify the following:

• a surviving spouse would not be personally liable for unpaid taxes to the extent that a marital deduction was allowed on the federal estate tax return;



• the current process for the collection of Kansas estate taxes would be deleted;



• the current provision by which an estate has the right to redeem real estate would be deleted;



• certain generation skipping transfer tax provisions would be changed to parallel federal laws;



• a personal representative of a surviving spouse's estate would be allowed to recover taxes owed by the estate because qualified terminable interest property was included in the estate of the surviving spouse; and



• a personal representative would have the right of reimbursement for taxes attributable to the inclusion of certain (transfers with a retained life estate) property in the decedent's taxable estate.

Background

The bill was recommended by the Judicial Council's Estate Tax Advisory Committee.

A Topeka attorney expressed support for the bill.

The fiscal note was not available when the bill was passed.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html