Ch. 2

LAWS OF MARYLAND

In paragraph (1) of this subsection, the words "real
or personal" are deleted as included in the defined
term "property".

Also in paragraph (1) of this subsection, the former
specific inclusion of a "trustee" as a fiduciary is
deleted as unnecessary in light of the use of the
defined term "person". This deletion also avoids
confusion with the specific exclusion of the trustee
of an exempt trust in paragraph (2)(iii) of this
subsection.

In paragraph (2)(ii) of this subsection and throughout
this title, the former phrase "committee or trustee
for an incompetent" is deleted as included in the word
"guardian".

Also in paragraph (2)(ii) of this subsection, the
phrase "as defined in § 13-101 of the Estates and
Trusts Article" is added for clarity.

In paragraph (2)(iii) of this subsection, the defined
term "person" is substituted for the former words
"individual, firm or corporation acting individually
or collectively", for clarity and brevity.

Also in paragraph (2)(iii) of this subsection, the
reference to a trust that is exempt "from federal
income tax under § 501 of the Internal Revenue Code"
is substituted for the former reference to an
"employees pension trust exempt hereunder", for
clarity.

In paragraph (2)(iv) of this subsection, the term
"personal representative" is substituted for the
former words "executor" and "administrator", for
clarity and consistency throughout this article. As
to the use of "personal representative", see Art. 1, §
5 of the Code.

Also in paragraph (2)(iv) of this subsection, the
former reference to "succession tax laws of this
State" is deleted as surplusage.

In paragraph (2)(v) of this subsection, the former
reference to the business "of an individual,
partnership, or corporation" is deleted as surplusage.

As to paragraph (2) of this subsection, the fact that
a person is a fiduciary does not mean that the person
does not have to file a return. A fiduciary may be
required to file a return as an individual, agent,
guardian, or personal representative. As to the
requirement for filing a return, see Subtitle 9 of
this title.

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