End Oregon's Death Tax - Sign the Petition Today

Help End Oregon's Death Tax
Sign the Petition Today

Oregon Republicans,

We all know that the Oregon estate tax is harmful to the Oregon economy, property owners including: ranchers and farmers, and family owned businesses.

Since 2001, 29 states have repealed their death taxes. Even California no longer has a death tax. Oregon voters will support ending this tax because they recognize it is an unfair double tax. It is especially burdensome because it is imposed right after a family member has died – a time when families are facing tremendous difficulty.

We have the opportunity to repeal the Oregon death tax by citizen initiative. You can download your e-petition at http://endoregondeathtax.com. Just click “download the petition”, print the petition, sign it, and mail it in.

The Death Tax Phase-Out Initiative would phase out the existing Oregon estate tax, reducing the tax in 25% increments over the course of three years. As of January 1, 2016, the tax is zero.

In addition, the initiative forbids any new tax on any property transfer among living family members. It also phases out the capital gains tax on property sales within a family.

We encourage your support with this initiative. Volunteer petition circulation packets are also available. If you would like to circulate petitions, or contribute to the cause, please send an email to info@endoregondeathtax.com.

Thank you for your help with this important initiative!


Death Tax Phase-Out

The People enact the following statute:

Section 1.  This Act shall be known as the Death Tax Phase-Out Act.

Section 2.  Except as provided in sections 3 and 6 of this 2012 Act, neither the State of Oregon nor any other unit of government in Oregon shall impose a Death Tax.

Section 3.  The Death Tax system in place at the time of passage of this Act shall remain in place but shall be phased out.  The phase-out shall be based on the amount of tax collectible as of the date of passage of this Act; the amount collectible during the phase-out shall be a reduced percentage of the tax amount collectible just before passage of this Act.  The reduced percentage shall apply as to the year in which a person dies.
    a.  75% of the prior tax shall be collectible as to a person who dies in calendar year 2013.
    b.  50% of the prior tax shall be collectible as to a person who dies in calendar year 2014.
    c.  25% of the prior tax shall be collectible as to a person who dies in calendar year 2015.
    d.  0% of the prior tax shall be collectible as to a person who dies on or after January 1, 2016.               

Section 4.  A Death Tax is: 
    a.  Any tax imposed on the estate of any decedent, or
    b.  Any inheritance tax, or
    c.  Any tax imposed on the transfer of property, or any interest therein, to any person, where the transfer is a result of the death of a person, or
    d. Any tax imposed on the transfer of property, or any interest therein, from one family member to another family member, where the family relationship between the transferor and the transferee is within the third degree of consanguinity.  

Section 5.  For purposes of this Act, “property” includes, but is not limited to, real property, personal property, and intangible property.

Section 6.  This Act does not prohibit the state from collecting income taxes payable by an estate while the estate is administered.

Section 7.  This Act does not prohibit the state from cooperating in the processing and collection of Death Taxes imposed by another state or territory of the United States as to a person who, at the time of the person’s death, may be subject to Death Taxes in such other state or territory.  This Act does not prohibit the state from cooperating in the processing and collection of Death Taxes imposed by the federal government.

Section 8.  This Act does not prohibit the imposition of fees as to transactions which may occur following the death of a person, such as fees for processing death certificates or for probate proceedings, provided that the fees do not exceed the cost of the goods or services provided as a result of the death of the person.

Section 9.  This Act supersedes any Oregon law which imposes any form of Death Tax.  Any Death Tax due, under any Oregon law in existence prior to the effective date of this Act, as to a person who died before this Act became effective, remains collectible under the terms of such preexisting law.

Section 10.  This Act is effective January 1, 2013.


SUMMARY OF THE DEATH TAX PHASE-OUT ACT

The Death Tax Phase-Out Initiative phases out the Oregon estate tax by reducing the existing tax by 25% in 2013, 50% in 2014, and 75% in 2015.  As of January 1, 2016, the tax is zero.

In addition, the initiative forbids any new tax on any property transfer among living family members.  It phases out the capital gains tax on property sales within a family on the same schedule as the phase out of the death tax. 

This creates two safe harbors.  One prohibits any estate or inheritance tax by any unit of government in Oregon; the existing tax is phased out over three years, and then it is prohibited.  This allows families to do whatever they want with their estates.

The second safe harbor is for property transfers among living family members.  Any property transfer within a family cannot be subjected to any new tax, and the existing tax (the capital gains tax on property sales) is phased out.

So, as of January 1, 2016, families can do whatever they want to transfer their property without having to pay state or local taxes.

For more information go to endoregondeathtax.com.

 

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