Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2850 Compare Versions

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22 HOUSE DOCKET, NO. 2070 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2850
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Bradley H. Jones, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act updating the estate tax.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/18/2023Nicholas A. Boldyga3rd Hampden1/26/2023Peter J. Durant6th Worcester1/26/2023Susan Williams Gifford2nd Plymouth1/26/2023F. Jay Barrows1st Bristol1/26/2023Lenny Mirra2nd Essex1/26/2023Joseph D. McKenna18th Worcester1/27/2023Kimberly N. Ferguson1st Worcester1/31/2023Steven George Xiarhos5th Barnstable2/23/2023Hannah Kane11th Worcester3/1/2023 1 of 2
1616 HOUSE DOCKET, NO. 2070 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2850
1818 By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2850) of
1919 Bradley H. Jones, Jr. and others relative to the estate tax. Revenue.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act updating the estate tax.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 2A of chapter 65C, as appearing in the 2020 Official Edition, is
2929 2hereby amended by striking out subsection (a) and inserting in place the following subsection:-
3030 3 (a) A tax is hereby imposed upon the transfer of the estate of each person dying on or
3131 4after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The
3232 5amount of the tax shall be equal to the credit for state death taxes that would have been allowable
3333 6to a decedent’s estate as computed under section 2011 of the Code, as in effect on December 31,
3434 72000, hereinafter referred to as the “credit”. In the event that the federal gross estate of a person
3535 8includes real or tangible personal property located outside of Massachusetts at the time of death,
3636 9the tax shall be reduced by an amount equal to the proportion of such allowable credit as the
3737 10value of said real or tangible personal property located outside of Massachusetts bears to the
3838 11value of the entire federal gross estate wherever situated, as determined under section 2011 of the
3939 12Code, as in effect on December 31, 2000. 2 of 2
4040 13 SECTION 2. Said section 2A of said chapter 65C, as so appearing, is hereby further
4141 14amended by adding the following subsection:-
4242 15 (f) Effective for the estates of decedents dying on or after July 1, 2023, for purposes of
4343 16computing the tax imposed by subsections (a) and (b), the credit shall be determined based on
4444 17the value of the federal taxable estate after such estate is reduced by $2,000,000. Estates of
4545 18decedents dying on or after July 1, 2023 are not required to pay any tax under subsection (a) or
4646 19(b) if the value of the federal taxable estate is $2,000,000 or less. For purposes of this subsection,
4747 20the federal taxable estate is the federal gross estate less any qualified conservation exclusion
4848 21elected under section 2031(c) of the Code, as in effect on December 31, 2000, and further
4949 22reduced by the deductions allowable by the Code, as in effect on December 31, 2000.
5050 23 SECTION 3. Sections 1 and 2 shall take effect for the estates of decedents dying on or
5151 24after July 1, 2023.