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tax purposes, except that for estates of decedents dying after | December 31, 2002 and before January 1, 2005 that do not incur a | | federal estate tax, all property values are as finally determined | | by the assessor in accordance with the Code as if the estate had | | incurred a federal estate tax. The share of the federal credit | | used to determine the amount of a nonresident individual's estate | | tax under this section is computed without regard to whether the | | specific real or tangible personal property located in the State is | | marital deduction property. |
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| | | Proceeds from the sale of property are taxable under this | section if those proceeds are included in the total federal gross | | estate and the sale was made in contemplation of death. A sale | | of property made within 6 months prior to the death of the | | grantor is deemed to be in contemplation of death within the | | meaning of this section. |
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| | | Sec. D-5. 36 MRSA §4066, as enacted by PL 1981, c. 451, §7, is | | amended to read: |
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| | | §4066. Discharge of personal representative's personal liability |
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| | | If the personal representative makes a written application, | | accompanied by a copy of the final determination of the federal | | estate tax liability, if any, and other supporting documentation | that the State Tax Assessor may require, to the State Tax | Assessor assessor for determination of the amount of the tax and | discharge of personal liability for that tax, the State Tax | Assessor assessor, as soon as possible and in any event within | | one year after the making of the application, or if the | | application is made before the return is filed, then within one | | year after the return is filed, shall notify the personal | | representative of the amount of the tax and of any interest on | that amount. The personal representative, on payment of the that | amount of which he is notified, shall be is discharged from | personal liability for any deficiency in tax subsequently found, | after that, to be due, and shall be is entitled to a receipt or | writing showing that certificate of discharge. |
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| | | Sec. D-6. 36 MRSA §4068, sub-§§2 and 3, as enacted by PL 1981, c. 451, | | §7, are amended to read: |
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| | | 2. Tax liability. In all cases where the Code requires that | a federal estate tax return be filed there is a Maine estate tax | | liability, the personal representative shall pay the tax imposed | | by this chapter and file a return within 9 months after the | decedent's death. The return shall must be in the form | prescribed by the State Tax Assessor and it shall must be | | accompanied by a copy of the federal estate tax return, if any, | | and other supporting | | documentation that the assessor may require. |
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