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Session Laws, 1972
Volume 708, Page 1417   View pdf image
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Marvin Mandel, Governor                       1417

4.

The "Maryland estate tax" and interest thereon shall be a charge
upon the entire "Maryland estate" of the "decedent"; and the
"executor" shall pay the same to the Comptroller of the State of
Maryland in such amount as it calculated on return forms pre-
scribed by the Comptroller, such returns being subject to audit and
correction by the Comptroller. The return shall be submitted in
duplicate to the register of wills who shall certify to the Comptroller
the amount of inheritance tax paid in each case.

The Comptroller shall forthwith pay over to the State Treasurer
all moneys received] provided, however, that the said Comptroller

[shall] may 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 in Sections 5 and 10 of this article.

5.

IF THE AMOUNT OF "FEDERAL ESTATE TAX" SHALL,
UPON THE FINAL DETERMINATION OF THE SAME, BE IN-
CREASED OR DECREASED AS AFFECTING AN "ESTATE"
THE TRANSFER OF ANY PART WHEREOF IS TAXABLE
HEREUNDER SUBSEQUENT TO THE PAYMENT OF THE
"MARYLAND ESTATE TAX," THE SAID "MARYLAND ES-
TATE TAX" IMPOSED SHALL BE CHANGED ACCORDING-
LY. ANY ADDITIONAL "MARYLAND ESTATE TAX" SHALL
BE PAYABLE AT THE SAME TIME OR TIMES AT WHICH
THE ADDITIONAL "FEDERAL ESTATE TAX" IS PAYABLE
AND SHALL BEAR INTEREST THEREON AT THE RATE
OF 6% PER ANNUM FROM FIFTEEN MONTHS AFTER
THE DATE OF DEATH OF THE "DECEDENT" TO THE
DATE OF PAYMENT OF SUCH ADDITIONAL "MARYLAND
ESTATE TAX." THE RATE OF INTEREST SHALL BE RE-
DUCED TO AGREE WITH A REDUCED FEDERAL INTER-
EST RATE. IN THE EVENT THAT THERE SHALL BE A
DECREASE IN SAID "FEDERAL ESTATE TAX," SAID "EX-
ECUTOR" SHALL FILE WITH THE COMPTROLLER OF THE
STATE OF MARYLAND AN AFFIDAVIT IN SUCH FORM
AS IS PRESCRIBED BY SAID COMPTROLLER. SAID
COMPTROLLER SHALL THEREUPON CAUSE TO BE PAID
TO SAID "EXECUTOR" [FROM THE FUND RETAINED BY
HIM, AS PROVIDED IN SECTION 4 OF THIS ARTICLE,] THE
AMOUNT OF REFUND FOUND TO BE DUE, TOGETHER
WITH INTEREST THEREON AT THE RATE OF SIX PER
CENTUM (6%) FROM THE DATE OF PAYMENT OF THE
"MARYLAND ESTATE TAX." REFUND SHALL BE PAID
BY THE COMPTROLLER BECAUSE OF PAYMENT OF
MARYLAND INHERITANCE TAXES SUBSEQUENT TO THE
PAYMENT OR PAYMENTS OF THE "MARYLAND ESTATE
TAX" OR BECAUSE OF DEMONSTRABLE ERROR IN THE
"MARYLAND ESTATE TAX RETURN" BUT SUCH REFUNDS
SHALL NOT BE SUBJECT TO THE PAYMENT OF INTEREST
BY THE COMPTROLLER. [IF THE FUND RETAINED BY THE
COMPTROLLER SHALL BE INSUFFICIENT, THE COMP-
TROLLER SHALL RETAIN FROM THE NEXT SUBSEQUENT
RECEIPTS OF THE "MARYLAND ESTATE TAX" SUCH
AMOUNT AS WILL BE NECESSARY TO MAKE THE SAID
REFUND.] A CLAIM FOR REFUND OF MARYLAND ES-

 

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Session Laws, 1972
Volume 708, Page 1417   View pdf image
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