KRS 140.275 — Exclusion of intangible personal property held in trust, under reciprocal agreements with other states

(1) It is hereby declared to be the legislative policy that Kentucky shall not be a party to
interstate double taxation under the terms of the Kentucky inheritance and estate tax
laws. Pursuant to this policy, the commissioner of the Department of Revenue is
hereby authorized to omit from the property subject to tax under those laws, any
intangible personal property of a nonresident decedent (having a domicile in the
United States) held in trust by a Kentucky trustee if the jurisdiction (state, territory
or District of Columbia) in which the decedent was domiciled grants similar
immunity to residents of Kentucky, but only in the event the personal representative
shall present evidence that the tax has been or will be paid to the other jurisdiction.
If another state, territory, or the District of Columbia of the United States
constitutionally imposes a tax on the transfer of estates or of the distributi ve shares
thereof, but grants immunity from the tax in respect of any intangible property of its
resident decedents held in trust by a Kentucky trustee, then the commissioner of the
Department of Revenue is hereby authorized to exclude from the property subject to
tax under the Kentucky inheritance and estate tax laws, the intangible personal
property of a Kentucky resident held in trust in that jurisdiction but only in the event
the personal representative shall present evidence that the tax has been or wi ll be
paid to the other jurisdiction.
(2) It is expressly provided, however, in view of the uncertainty now prevailing with
respect to the correct interpretation of the Constitution of the United States
regarding the jurisdiction of the several states, tha t the provisions of this section
shall be inoperative under the second alternative until and unless an agreement,
approved as to legality by the Attorney General, between the commissioner of the
Department of Revenue as agent for Kentucky and the appropria te administrative
official of such other state, shall have been executed and an original copy thereof
filed with the Kentucky Department of Revenue.
(3) This section is intended to apply retroactively to all estates of decedents on or after
April 25, 1936, which are subject to Kentucky inheritance tax laws.