LD 1919
pg. 102
Page 101 of 267 PUBLIC Law Chapter 673 Page 103 of 267
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LR 2833
Item 1

 
imposed by this section to the extent that such property is
included in the decedent's federal gross estate as finally
determined for federal estate tax purposes. The amount of this tax
is a sum equal to that proportion of the federal credit that the
value of Maine real and tangible personal property taxed in this
State that qualifies for the credit bears to the value of the
decedent's total federal gross estate. All property values under
this section are as finally determined for federal estate 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:


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