Ohio Application for Extension of Time to Pay Ohio Estate Tax

Application for Extension of Time to Pay Ohio Estate Tax
ET_ET41_GEN_041012.indd
Ohio I

ET 41
Rev. 4/12

Depa!1ment of
Taxation

Reset Form

Estate Tax Unit
P.O. Box 183050
Columbus, OH 43218-3050
1-(800) 977-7711
tax.ohio.gov

ET File No.

Application for Extension of Time to Pay Ohio Estate Tax
For Dates of Death July 24, 1986 – Dec. 31, 2012
Attach Copy to Estate Tax Form 2 When Return Is Filed
Part I – Identification (print or type)
Decedent’s last name

Decedent’s first name and middle initial Date of death

Probate court and case number

Estate tax return due date

Name of application preparer
Address of application preparer (number and street)

City, state and ZIP code

Part II – Extension of Time to Pay (Ohio Revised Code Section 5731.25)
You must attach your written statements to explain in detail why it would cause undue hardship
to pay the full amount of the estate tax by the estate tax return due date.

Extension date requested
(not to exceed one year).
Month

Day

Year

1. Amount of estate tax estimated to be due ........................................................................... $
2. Tax amount not subject to deferral ..................................................................................... $
3. Tax shortage claimed (subtract line 2 from line 1) ............................................................. $

Part III – Signature and Verification
If prepared by executor, administrator or person in possession of property – Under penalties of perjury, I declare that to
the best of my knowledge and belief, the statements made herein are true and correct.
Signature of executor, administrator or person in possession of property

Title

Date

If prepared by someone other than executor, administrator or person in possession of property – Under penalties of
perjury, I declare that to the best of my knowledge and belief, the statements made herein are true and correct.

Signature of preparer other than executor, administrator or person in possession of property

Title

Date

Part IV – Notice to Applicant – To Be Completed By the Ohio Department of Taxation
The application for extension of time to pay (Part II) is:


 Approved
 Not approved because
 Other

Tax commissioner

I

By

I

Date

ET 41
Rev. 4/12
Page 2

How and Where to File
Complete and file estate tax form 41 in duplicate with the
Estate Tax Unit
Ohio Department of Taxation
P.O. Box 183050
Columbus, OH 43218-3050

General Instructions
Who May File:

Under R.C. section 5731.25, the personal representative who is required to file the estate tax return for the decedent’s
estate may file estate tax form 41, Application for Extension of Time to Pay Ohio Estate Tax. “Personal representive”
means the executor, executrix, administrator or administratrix of the decedent’s estate. If no executor, executrix, administrator or administratrix is appointed, “personal representative” means any person in actual or constructive possession
of any property of the decedent. Also, an authorized attorney, certified public accountant, trustee, or agent holding a
power of attorney may file this form to apply for an extension of time on behalf of the personal representative. The
form must be signed by the person filing the application. The person who files should insert their appropriate title in
Part III.

When to File:

Estate tax form 41 is required to be filed in adequate time to permit the Estate Tax Unit to consider the application and
reply before the estate tax return due date.

Interest:

Interest from nine months from date of death must be paid on the part of the estate tax for which an extension of time
to pay is approved.

Note:

The part of the estate tax for which an extension is not granted is due nine months from date of death.

Specific Instructions
Extension of Time to Pay (R.C. section 5731.25) – An extension of
time to pay under R.C. section 5731.25 may not exceed 12 months.
A discretionary extension of time to pay for undue hardship may
not exceed 14 years. Different extension periods may be applicable
to extensions of time granted for a deficiency (an R.C. section
5731.25(B) election, reversionary or remainder interest).

reasonable allowance during the remaining period of administration of the estate for the decedent’s surviving spouse and
dependent children, and to satisfy claims against the estate that
are due and payable. Furthermore, the personal representative
has made a reasonable effort to convert assets in the personal
representative’s possession into cash.

The application must establish why it is impossible or impractical
for the personal representative to pay the full amount of the estate
tax by the estate tax return due date. Examples of undue hardship
include the following:

5. A significant portion of the gross estate consists of a farm or a
closely held business, and there are not readily available, sufficient funds in the gross estate to pay an estate tax imposed
by this chapter and any federal estate tax. For purposes of this
unit, funds shall not be considered readily available because
the farm or closely held business could be sold to persons who
are not related by consanguinity or affinity to the decedent, at
a price that equals the fair market value of the farm or closely
held business.

1. An estate includes sufficient liquid assets to pay the estate tax
when otherwise due. The liquid assets, however, are located in
several jurisdictions and are not immediately subject to the control of the personal representative. Consequently, such assets
cannot readily be marshalled by the personal representative
even with the exercise of due diligence.
2. An estate is composed in substantial part of assets consisting of rights to receive payments in the future (i.e., annuities,
copyright royalties, contingent fees, or accounts receivable).
These assets provide insufficient present cash with which to
pay the estate tax when otherwise due and the estate cannot
borrow against these assets except upon terms that would
inflict loss upon the estate.
3. An estate includes a claim to substantial assets that cannot
be collected without litigation. Consequently, the size of the
gross estate is unascertainable at the time the tax is otherwise
due.
4. An estate does not have sufficient funds (without borrowing at a
rate of interest higher than that generally available) with which
to pay the entire estate tax when otherwise due. To provide a

6. Assets in the gross estate that would have to be liquidated to
pay an estate tax imposed by this chapter when due could only
be sold at a price that is considered a sacrifice price or could
only be sold in a depressed market.
In general, an extension of time to pay will be granted only for the
amount of the cash shortage. The amount of the estate tax, the
amount of the cash shortage, and the balance due must be shown
in Part II.
The Department of Taxation will complete Part IV and return two
copies to the applicant. Please attach one copy to the estate tax
return that is filed. Submit a copy with any separate payment.
An approved extension of time to pay does not extend the time to
file date. Use estate tax form 24 to obtain an extension of time to
file the return.