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Level 7
March 11, 2022
Solved

Inheritance tax levied by a state -- deductible on Sch A?

  • March 11, 2022
  • 1 reply
  • 16 views

I entered it as "Other Taxes" and software accepted it even though far above the 10K limit. According to Sapling site, "Federal estate taxes are not deductible, but state inheritance taxes are deductible on your federal taxes on Sch A." But I was unable to corroborate this by IRS publication.

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Best answer by sjrcpa

It's not deductible.

Code Section 164 lists deductible taxes. Inheritance taxes are not listed.

Section 275(a)(3) expressly denies a deduction for "Estate, inheritance, legacy, succession, and gift taxes"

It does not distinguish between federal and state ones.

1 reply

Accountant-Man
Level 13
March 12, 2022

Never done it. Inheritance taxes are not income taxes.

** I'm still a champion... of the world! Even without The Lounge.
GretaAuthor
Level 7
March 12, 2022

On Schedule A, what is "other taxes" line for, and why did the software accept the deduction for $100,000 (it was paid to Nebraska for an inheritance?). RE  tax and car tax are also not income taxes, but are deductible. Only four states charge inheritance tax, so I too have never done it in 4 decades, it's rare. But this one site I referred to insisted that it's deductible on Sch A.

sjrcpa
sjrcpaAnswer
Level 15
March 12, 2022

It's not deductible.

Code Section 164 lists deductible taxes. Inheritance taxes are not listed.

Section 275(a)(3) expressly denies a deduction for "Estate, inheritance, legacy, succession, and gift taxes"

It does not distinguish between federal and state ones.

The more I know the more I don’t know.