Title 48, Chapter 12, Section 4
( 48-12-4)
(a) In addition to the extension authorized by Code Section 48-12-2, the time for filing a duplicate of the federal estate tax return with the commissioner as required by this chapter may be extended for a period not to exceed six months after the federal filing date, not including any extensions, when a written application requesting the extension is made by the personal representative of the estate to the commissioner on or before the federal filing date, not including any extensions. Any extension of time for filing a duplicate of the federal estate tax return granted by the commissioner shall not operate to extend the time for payment of the taxes imposed by this chapter, except that an extension of time may be separately granted by the commissioner to pay any such tax in accordance with Section 6161 of the Internal Revenue Code as provided in this Code section. (b) An extension of time for paying the state estate tax or any
portion of the tax as required by this chapter may be granted by the
commissioner upon the same terms and conditions, in the same manner,
and to the same extent as provided for the extension of time to pay
the federal estate tax under Section 6161 of the Internal Revenue
Code when a written application requesting the extension is made by
the personal representative of the estate to the commissioner on or
before the federal filing date, not including any extensions. Any
extension of time granted under this Code section shall terminate
immediately upon the termination of the extension granted by the
federal authorities unless earlier terminated by Section 6161 of the
Internal Revenue Code. Within 30 days from the notification of
termination by the federal authorities, the personal representative
shall pay to the commissioner any estate tax due, plus interest on
the tax, as provided in this chapter, but without any penalty as
provided in this chapter. If an extension of time for the payment of
tax or deficiency is granted, the commissioner may require, if he
deems it necessary, a bond for the payment of the amount in respect
to which the extension is granted, but the bond shall not exceed
double the amount with respect to which the extension is granted.
The bond shall be executed with surety satisfactory to the
commissioner. |