Is real property located outside of Oregon subject to the Oregon estate tax?

Real property located outside of Oregon is generally not subject to the Oregon Estate Tax, even if the individual who owned the property was a resident of Oregon at the time of their death.

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. However, for the purposes of the Oregon Estate Tax, real property located outside of Oregon is generally not considered an Oregon asset and is not subject to the tax. The important caveat is that non-Oregon real property that is held within a limited liability company will be considered intangible personal property and made subject to the Oregon Estate Tax.

That being said, real property located outside of Oregon may still be subject to estate tax in the state or country where the property is located. This will depend on the laws of the jurisdiction where the property is located and the value of the individual's overall estate.

As estate tax laws can be complex and subject to change, it's always a good idea to consult with a qualified estate planning attorney or tax professional to understand the tax implications of your specific situation, including any real property you may own outside of Oregon.

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