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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2538   View pdf image (33K)
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2538 ARTICLE 62A

"Maryland Estate Tax" imposed by this Article, allowable in computing
the maximum credit under said Section 301 (b) of said "Revenue Act of
1926," except such taxes of any of the above kinds upon or with respect to
"Non-taxable property" of the "Decedent."

The tax on commissions imposed by art. 81, secs. 104 and 106 is not an estate, inheri-
tance, legacy or succession tax within the meaning of this section or sec. 2 hereof. Cross
v. Downes, 164 Md. 217.

1929, ch. 275, sec. 2.

2. (Tax Imposed.) In addition to the tax and/or taxes imposed by
Article 81, a "Maryland Estate Tax" is hereby imposed upon the transfer
of the "Maryland Estate" of every "Decedent," the amount of which
"Maryland Estate Tax" shall be equal to the extent, if any, of the excess
of the "Credit" over the aggregate of "State Taxes," payable by or out of
the "Maryland Estate" of the "Decedent" or any part thereof, provided,
however, that such "Maryland Estate Tax" hereby imposed shall in no
case exceed the extent to which its payment will effect a saving or diminu-
tion in the amount of the "Federal Estate Tax," payable by or out of the
"Estate" of the "Decedent" had this Article not been enacted.

See notes to sec. 1.

1929, ch. 275, sec. 3.

3. (When Payable.) The "Maryland Estate Tax",shall be payable at
the same time or times at which the "Federal Estate Tax" is payable, and
shall bear interest, if any, at the same rate and for the same period as such
"Federal Estate Tax."

1929, ch. 275, sec. 4. 1933, ch. 250.

4. (To Whom Payable.) The "Maryland Estate Tax" shall be a charge
upon the entire "Maryland Estate" of the "Decedent"; and the "Execu-
tor" shall pay the same to the Comptroller of the State of Maryland in
such amount as is certified to said Comptroller by the Register of Wills
of the city or county in which administration is had, or if none such,
where the "Decedent" had his residence, and shall file with such Register
and affidavit showing:

(1) The amount of the "Federal Estate Tax" before allowing the max-
imum credit for taxes of any of the kinds as provided in said Section
301(b) of said "Revenue Act of 1926";

(2) The proportion of "Non-Taxable Property" to the entire "Estate,"
as referred to in Section 1(h) of this Article;

(3) The amount of "State Taxes";

(4) The amount of any additional taxes allowable in computing the
"Federal Estate Tax" of the "Decedent";

(5) The amount of the "Maryland Estate Tax" ;

(6) The amount of interest, if any, paid on such "Federal Estate Tax,"
and the period covered by such interest, together with the amounts, if any,
of any of said items theretofore paid.

The several Registers of Wills in this State shall certify to the Comp-
troller the amount due in each case, who shall forthwith pay over to the
State Treasurer all moneys received; provided, however, that the said
Comptroller shall retain in his hands at all times, such a sum as, in his
judgment, shall be sufficient to enable him to pay promptly all claims for
refunds as provided for in Sections 5 and 10 of this Article.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2538   View pdf image (33K)
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