Ch. 2

LAWS OF MARYLAND

"Internal Revenue Code" § 1-101

"Maryland estate tax" § 1-101 "Person" § 1-101

"Property" § 1-101 "State" § 1-101

7-309. EFFECT OF CHANGE IN FEDERAL ESTATE TAX LAW.

(A)  IN GENERAL.

IF CONGRESS PASSES AN ACT THAT REPEALS THE FEDERAL CREDIT
UNDER § 2011 OF THE INTERNAL REVENUE CODE AND DOES NOT ENACT A
SIMILAR STATUTE AS A SUBSTITUTE:

(1)  THE PROVISIONS OF THIS SUBTITLE THAT ARE IN
EFFECT BEFORE THE PASSAGE OF THE ACT OF CONGRESS SHALL APPLY WITH
RESPECT TO A DECEDENT WHO DIED BEFORE THE END OF THE PERIOD
COVERED BY A BUDGET BILL THAT THE GENERAL ASSEMBLY PASSED BEFORE
THE EFFECTIVE DATE OF THE ACT OF CONGRESS; AND

(2)  THIS SUBTITLE IS VOID WITH RESPECT TO A DECEDENT
WHO DIES AFTER THE EFFECTIVE DATE OF THE ACT OF CONGRESS.

(B)  TIME OF PAYMENT.

THE PERSON REQUIRED TO PAY THE MARYLAND ESTATE TAX UNDER
SUBSECTION (A)(1) OF THIS SECTION SHALL PAY THE TAX WITHIN 1 YEAR
AFTER THE DATE OF DEATH OF THE DECEDENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 62A, § 7
and the second and third clauses of § 9.

In the introductory language of subsection (a) of this
section, the former reference to repeal of the "Title
III of the 'Revenue Act of 1926'" is deleted as
unnecessary in light of the reference to repeal of the
federal credit § 2011 of the Internal Revenue Code.
Similarly, the second paragraph of former Art. 62A, §
8 is deleted.

In subsection (a)(1) of this section, the reference to
the first year of a budget bill is deleted as
obsolete, since all budget bills now are for only 1
year.

The provisions of § 9 that related to the process to
be followed in the event of a reduction of federal
estate tax or credit and the adoption of regulations
to carry out those provisions are deleted as
surplusage. Those former provisions did not clearly
indicate the way they would apply to the Maryland
estate tax and have not been followed in practice.

Defined terms: "Internal Revenue Code" § 1-101
"Maryland estate tax" § 1-101 "Person" § 1-101

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