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LegalText 26 U.S.C. § 2058 State death taxes us united_states_code code_section 26 INTERNAL REVENUE CODE 11 ESTATE TAX 2058 26 U.S.C. § 2058 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s2058 data/legal/raw/us/code/title-26/usc26.xml 27f9c5d4c8f0e2bada10cd0cac49a924e6c8d98413424bafdc24dd4b8b79c0e3 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 e01ebc16a2285c3b820be977cc159f612a0799ad6ff2d3c026c6f73bfedf6cfb 2026-07-04 official
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26 U.S.C. § 2058 - State death taxes

Text

(a) Allowance of deduction For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of any estate, inheritance, legacy, or succession taxes actually paid to any State or the District of Columbia, in respect of any property included in the gross estate (not including any such taxes paid with respect to the estate of a person other than the decedent).

(b) Period of limitations The deduction allowed by this section shall include only such taxes as were actually paid and deduction therefor claimed before the later of—

(1) 4 years after the filing of the return required by section 6018, or

(2) if—

(A) a petition for redetermination of a deficiency has been filed with the Tax Court within the time prescribed in section 6213(a), the expiration of 60 days after the decision of the Tax Court becomes final,

(B) an extension of time has been granted under section 6161 or 6166 for payment of the tax shown on the return, or of a deficiency, the date of the expiration of the period of the extension, or

(C) a claim for refund or credit of an overpayment of tax imposed by this chapter has been filed within the time prescribed in section 6511, the latest of the expiration of—

(i) 60 days from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of any part of such claim,

(ii) 60 days after a decision by any court of competent jurisdiction becomes final with respect to a timely suit instituted upon such claim, or

(iii) 2 years after a notice of the waiver of disallowance is filed under section 6532(a)(3).

Notwithstanding sections 6511 and 6512, refund based on the deduction may be made if the claim for refund is filed within the period provided in the preceding sentence. Any such refund shall be made without interest.

(Added Pub. L. 10716, title V, § 532(b), June 7, 2001, 115 Stat. 73.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of Pub. L. 10716, set out as an Effective Date of 2001 Amendment note under section 2012 of this title.