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Session Laws, 1941
Volume 582, Page 1381   View pdf image (33K)
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HERBERT R. O'CONOR GOVERNOR. 1381

"Inheritance Tax", be and the same is hereby repealed and re-
enacted, with amendments, to read as follows:

111. The taxes imposed by the two preceding sections of
this sub-title shall apply to all tangible or intangible property,
real or personal, passing either by will or under the intestate
laws of this State, or by deed, gift, grant, bargain or sale,
made in contemplation of death, or intended to take effect in
possession or enjoyment at or after the death of a decedent,
including property in which the decedent, prior to his death,
had an interest as joint tenant or tenant in common, and in-
cluding property over which the decedent retained any
dominion during his lifetime, except, however, any interest,
legal or equitable of any surviving spouse in any free-share
account in any building or homestead association or in any
monies on deposit in the names of husband and wife passing
to such surviving spouse. In the case of joint bank accounts
or joint building or homestead association accounts or shares,
the form of the account shall be controlling notwithstanding
a parol trust to a contrary effect. The reservation of a benefi-
cial interest in favor of the decedent or of a power of revoca-
tion, absolute or conditional or of a power of appointment by
will or otherwise, in or over any property passing subject to
the tax imposed by this sub-title, shall be deemed to constitute
dominion within the meaning of this section. In cases of joint
tenancy, where the interests are not otherwise specified or fixed
by law, the interest passing shall be determined by dividing
the value of the property by the number of joint tenants. Any
transfer of a material part of his property, in the nature of a
final disposition or distribution thereof, made by a decedent
within two years prior to his death, except a bona fide sale for
an adequate and full consideration in money or money's worth,
shall, unless shown to the contrary, be deemed to have been
made in contemplation of death within the meaning of this
section. Provided, however, that when the total value of any
property, or interest therein, passing to any one person shall
be one hundred and fifty dollars or less, the same shall be
exempt from the payment of any tax under the provisions of
this sub-title.

SEC. 2. And be It further enacted, That two new sections
be and the same are hereby added to Article 81 of the Anno-
tated Code of Maryland (1939 Edition), title "Revenue and
Taxes", sub-title "Inheritance Tax", said new sections to fol-
low immediately after Section 114 of said Article, to be known
as Section 114A, and to read as follows:

114A. Within three months after the grant of his letters
every executor shall file with the Department a written report

 

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Session Laws, 1941
Volume 582, Page 1381   View pdf image (33K)   << PREVIOUS  NEXT >>


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