Can non-residents be subject to the Oregon Estate Tax?

Yes, non-residents can be subject to the Oregon Estate Tax if they own real estate or tangible personal property located in Oregon, or if they have other assets that are deemed to have an Oregon situs, such as a business with a physical presence in the state.

The Oregon Estate Tax applies to the taxable estate of any individual who was a resident of Oregon at the time of their death, as well as to non-residents who have assets located in Oregon that are subject to the tax.

In the case of non-residents, the Oregon Estate Tax applies only to the portion of their estate that is attributable to Oregon assets. The estate tax is calculated based on the value of the taxable estate, which is determined by subtracting the exempt estate amount from the total estate value, and then applying a graduated tax rate to the taxable portion of the estate.

Non-residents who own property or other assets in Oregon may wish to consult with a qualified estate planning attorney or tax professional to understand the potential impact of the Oregon Estate Tax on their estate, and to explore strategies for minimizing their tax liability, such as establishing limited liability companies, credit shelter trust or making gifts during their lifetime to reduce the value of their taxable estate.