LD 1919
pg. 123
Page 122 of 225 An Act To Make Supplemental Appropriations and Allocations for the Expenditures... Page 124 of 225
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LR 2833
Item 1

 
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.

 
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.

 
Sec. D-5. 36 MRSA §4066, as enacted by PL 1981, c. 451, §7, is
amended to read:

 
§4066. Discharge of personal representative's personal liability

 
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.

 
Sec. D-6. 36 MRSA §4068, sub-§§2 and 3, as enacted by PL 1981, c. 451,
§7, are amended to read:

 
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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