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2 | 2 | | HOUSE DOCKET, NO. 2070 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2850 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bradley H. Jones, Jr. |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act updating the estate tax. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | HOUSE DOCKET, NO. 2070 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2850 |
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18 | 18 | | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2850) of |
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19 | 19 | | Bradley H. Jones, Jr. and others relative to the estate tax. Revenue. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Third General Court |
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23 | 23 | | (2023-2024) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act updating the estate tax. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Section 2A of chapter 65C, as appearing in the 2020 Official Edition, is |
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29 | 29 | | 2hereby amended by striking out subsection (a) and inserting in place the following subsection:- |
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30 | 30 | | 3 (a) A tax is hereby imposed upon the transfer of the estate of each person dying on or |
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31 | 31 | | 4after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The |
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32 | 32 | | 5amount of the tax shall be equal to the credit for state death taxes that would have been allowable |
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33 | 33 | | 6to a decedent’s estate as computed under section 2011 of the Code, as in effect on December 31, |
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34 | 34 | | 72000, hereinafter referred to as the “credit”. In the event that the federal gross estate of a person |
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35 | 35 | | 8includes real or tangible personal property located outside of Massachusetts at the time of death, |
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36 | 36 | | 9the tax shall be reduced by an amount equal to the proportion of such allowable credit as the |
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37 | 37 | | 10value of said real or tangible personal property located outside of Massachusetts bears to the |
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38 | 38 | | 11value of the entire federal gross estate wherever situated, as determined under section 2011 of the |
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39 | 39 | | 12Code, as in effect on December 31, 2000. 2 of 2 |
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40 | 40 | | 13 SECTION 2. Said section 2A of said chapter 65C, as so appearing, is hereby further |
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41 | 41 | | 14amended by adding the following subsection:- |
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42 | 42 | | 15 (f) Effective for the estates of decedents dying on or after July 1, 2023, for purposes of |
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43 | 43 | | 16computing the tax imposed by subsections (a) and (b), the credit shall be determined based on |
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44 | 44 | | 17the value of the federal taxable estate after such estate is reduced by $2,000,000. Estates of |
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45 | 45 | | 18decedents dying on or after July 1, 2023 are not required to pay any tax under subsection (a) or |
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46 | 46 | | 19(b) if the value of the federal taxable estate is $2,000,000 or less. For purposes of this subsection, |
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47 | 47 | | 20the federal taxable estate is the federal gross estate less any qualified conservation exclusion |
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48 | 48 | | 21elected under section 2031(c) of the Code, as in effect on December 31, 2000, and further |
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49 | 49 | | 22reduced by the deductions allowable by the Code, as in effect on December 31, 2000. |
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50 | 50 | | 23 SECTION 3. Sections 1 and 2 shall take effect for the estates of decedents dying on or |
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51 | 51 | | 24after July 1, 2023. |
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