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SENATE DOCKET, NO. 692 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1946
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to modernizing the estate tax.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexSteven George Xiarhos5th Barnstable2/27/2023 1 of 2
SENATE DOCKET, NO. 692 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1946
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1946) of Bruce E. Tarr and Steven
George Xiarhos for legislation relative to modernizing the estate tax. Revenue.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to modernizing the estate tax.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1 Section 2A of chapter 65C of the General Laws, as so appearing, is hereby
2amended by striking out subsection (a) and inserting in place the following subsection:-
3 (a) A tax is hereby imposed upon the transfer of the estate of each person dying on or
4after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The
5amount of the tax shall be equal to the credit for state death taxes that would have been allowable
6to a decedent’s estate as computed under Code section 2011, as in effect on December 31, 2000,
7hereinafter referred to as the “credit”. In the event that the federal gross estate of a person
8includes real or tangible personal property located outside of Massachusetts at the time of death,
9the tax shall be reduced by an amount equal to the proportion of such allowable credit as the
10value of said real or tangible personal property located outside of Massachusetts bears to the
11value of the entire federal gross estate wherever situated, as determined under Code section
122011, as in effect on December 31, 2000. 2 of 2
13 SECTION 2. Said section 2A of said chapter 65C, as so appearing, is hereby further
14amended by adding the following subsection:-
15 (f) Effective for the estates of decedents dying on or after July 1, 2023, for purposes of
16computing the tax imposed by subsections (a) and (b), the credit shall be determined based on
17the value of the federal taxable estate after such estate is reduced by $2,000,000. Estates of
18decedents dying on or after July 1, 2022 are not required to pay any tax under subsections (a) and
19(b) if the value of the federal taxable estate is $2,000,000 or less. For purposes of this subsection,
20the federal taxable estate is the federal gross estate less any Qualified Conservation Exclusion
21elected under Code section 2031(c), as in effect on December 31, 2000, and further reduced by
22the deductions allowable by the Code, as in effect on December 31, 2000.
23 SECTION 3. Sections 1 and 2 shall take effect for the estates of decedents dying on or
24after July 1, 2023.