Ohio Code § 5731.15

§ 5731.15.

For purposes of the tax levied by section 5731.02 of the Revised Code , the value of the taxable estate shall be determined by deducting from the value

of the gross estate: (A) If the decedent dies on or after July 1, 1993 and is survived by a spouse, a marital

deduction which shall be allowed in an amount equal to the value of any interest in

property that passes or has passed from the decedent to the surviving spouse, but

only to the extent the interest is included in the value of the gross estate.  For purposes of the marital deduction, an interest in property shall be considered

as passing or as having passed from the decedent to the surviving spouse only if one

or more of the following apply: (1) The interest was bequeathed or devised to the surviving spouse in the will of the

decedent; (2) The interest was inherited by the surviving spouse through intestate succession from

the decedent; (3) The interest is a dower interest of the surviving spouse, or the interest is an estate

of the surviving spouse that is authorized by the Revised Code and that is in lieu

of dower; (4) The decedent transferred the interest to the surviving spouse at any time; (5) At the time of the death of the decedent, the interest was held by the decedent and

the surviving spouse, or by the decedent, the surviving spouse, and one or more other

persons, in any form of joint ownership with a right of survivorship; (6) The decedent, alone or in conjunction with any other person, had a power to appoint

the interest and the interest was so appointed to the surviving spouse, or the surviving

spouse acquired the interest as a result of the release or the nonexercise of the

power. (B)(1) In addition to the marital deduction provided by division (A) of this section, if

an election is made in accordance with division (B)(2) of this section and the decedent

dies on or after July 1, 1993, a qualified terminable interest property deduction.  This deduction shall be allowed in an amount equal to all or any specific portion

of qualified terminable interest property treated as separate property, but only to

the extent that the property is included in the value of the gross estate. (2) An election to have property treated as qualified terminable interest property for

purposes of the deduction provided by division (B)(1) of this section shall be made

by the person filing the estate tax return under this chapter, in writing, on or before

the date by which the return is required to be filed, determined with regard to any

extension of time granted for the filing of the return.  The election shall specify whether all or only a specific portion of qualified terminable

interest property treated as separate property shall be taken into account in determining

the deduction.  If an election as provided in this division is made, the election is irrevocable. (3) As used in divisions (B)(1) and (2) of this section, “ qualified terminable interest property ” means property that satisfies all of the following: (a) It is included in the value of the gross estate; (b) It passes from the decedent to the surviving spouse of the decedent; (c) It is property in which the surviving spouse of the decedent has a qualifying interest

for life.  For purposes of this division, the surviving spouse has a qualifying interest for

life if both of the following apply: (i) The surviving spouse is entitled to all income from the property, which income is

payable annually or at more frequent intervals. (ii) No person has a power to appoint any part of the property to any person other than

the surviving spouse.  This division shall not apply to a power that is exercisable only at or after the

death of the surviving spouse. (C) The pay and allowances determined by the United States to be due to a member of the

armed forces for active duty in Vietnam service for the period between the date declared

by the United States as the beginning of his missing in action status to the date

of his death as determined by the United States.  As used in this division, “ Vietnam service ” means military service within the Republic of Vietnam during the period between

February 28, 1961, to July 1, 1973, or military service in southeast Asia for which

hostile fire pay was awarded pursuant to 37 U.S.C. 310 , during the period February 28, 1961, to July 1, 1973.