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ET 36
Rev. 4/12
Page 2
General Information
The four-year rule The estate remains open for four years. The CAUV will be disallowed if, during that time,
R.C. Section the farm property is transferred to a nonqualifi ed heir or the estate discontinues the quali-
fied use of the property. Qualified use is considered terminated if property passes to a
5731.011(E)
nonqualifi ed heir even though the property is still used for farming. If one of these situ-
ations occurs, the department must be notifi ed within nine months and a recapture tax
(explained below) will be assessed against the person who is disposing of the property
or terminating the qualifi ed use.
Annual report The qualifi ed heirs are required to file an annual report, estate tax form 36, on the second,
third and fourth anniversaries of the decedent’s date of death. The fi rst annual report is
due no sooner than 60 days before and no later than the second anniversary date of the
decedent’s date of death. Failure to timely file the annual reports will result in the assess-
ment of the recapture tax. Please provide a copy of the most current county auditor’s
property tax record card showing the CAUV calculation, parcel number, total acreage and
current owner’s name with the fi nal annual report only.
Recapture tax The recapture tax is the amount of tax savings realized in the decedent’s estate because
R.C. Section of the reduction in value of the farm property. For example:
5731.011(E)
Assume the estate tax return shows all property at fair market value re-
sulting in a tax of $25,000. However, when the estate reduces the farm
property to CAUV, the tax actually due is only $8,000. Therefore, the
savings realized is $17,000. This amount would also be the amount of
recapture tax.
Payment The payment of recapture tax is the responsibility of the qualifi ed heirs. Interest is calculated
on the recapture tax from nine months after the decedent’s date of death. If a qualified
heir dies, no recapture tax will be assessed.
Amended filings If any portion of the CAUV property is sold, transferred or converted to nonqualifi ed use,
the estate must fi le an amended estate tax form 2X showing the increase from the current
CAUV value to the fair market value. The estate will also be required to fi le an amended
estate tax form 34 refl ecting the sale or conversion of the property.
Miscellaneous If the sale is to another qualifi ed heir, there is no recapture tax.
information
If the sale is to a nonqualifi ed heir, the recapture tax is assessed based upon the percent-
regarding the sale of
age of tax the portion of property sold generates.
CAUV property
If the property sold is either the one-acre homesite or building only, there is no recapture tax,
since that part of the property was originally included and taxed at fair market value.
Where to file Ohio Department of Taxation
the completed Estate Tax Unit
P.O. Box 183050
estate tax form 36
Columbus, OH 43218-3050
(800) 977-7711
or FAX to (614) 387-1984
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