LD 1919
pg. 103
Page 102 of 267 PUBLIC Law Chapter 673 Page 104 of 267
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LR 2833
Item 1

 
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.

 
3. No tax liability. In all cases where the Code does not
require that a federal estate tax return be filed there is no
Maine estate tax liability, the personal representative,
surviving joint tenant of real estate or any other person whose
real estate might be subject to a lien for taxes pursuant to this
chapter may at any time file with the State Tax Assessor assessor
in the form prescribed by the State Tax Assessor assessor a
statement of the value of the federal gross estate.

 
Sec. D-7. 36 MRSA §4069-A, sub-§§1 and 2, as enacted by PL 1999, c. 414,
§36, are amended to read:

 
1. Deferred payment arrangement. If the Internal Revenue
Service has approved a federal estate tax deferral and
installment payment arrangement under Section 6166 of the Code,
the executor personal representative may elect a similar deferred
payment arrangement under this section for payment of the tax
imposed by this chapter, subject to acceptance by the State Tax
Assessor. The assessor may approve a deferral and installment
arrangement under similar circumstances and on similar terms with
respect to an estate of a decedent dying after December 31, 2002
that does not incur a federal estate tax.

 
2. Time and manner of election; rejection by State Tax
Assessor. An election under this section may be made by
attaching a payment deferral election in a form prescribed by the
assessor to a timely filed Maine estate tax return, in addition
to a copy of the federal estate tax return as any documentation
required by section 4068, and copies of all documentation
required by the Internal Revenue Service and submitted in support
of the a federal payment deferral. Documentation submitted to
the assessor must clearly indicate the amount of Maine estate tax
and interest to be paid in installments; the number of separate
installments; and the due date of each installment payment. The
assessor may reject the election if the terms of the proposed
arrangement are substantially different from the terms of the
federal arrangement. Any election not rejected in writing by the
assessor within 60 days after the election is made is considered
accepted.


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