EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0055*
SENATE BILL 55
Q7 3lr0809
(PRE–FILED) CF HB 179
By: Senator West
Requested: November 15, 2022
Introduced and read first time: January 11, 2023
Assigned to: Budget and Taxation
Committee Report: Favorable
Senate action: Adopted
Read second time: February 2, 2023
CHAPTER ______
AN ACT concerning 1
Maryland Estate Tax – Portability – Time Period for Election 2
FOR the purpose of altering the period of time within which a person is required to file a 3
Maryland estate tax return for the purpose of allowing a surviving spouse to take 4
into account the deceased spousal unused exclusion amount; applying this Act 5
retroactively; and generally relating to the Maryland estate tax. 6
BY repealing and reenacting, with amendments, 7
Article – Tax – General 8
Section 7–305 9
Annotated Code of Maryland 10
(2022 Replacement Volume) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Tax – General 14
7–305. 15
(a) If a federal estate tax return is required to be filed, the person responsible for 16
filing the federal estate tax return shall complete, under oath, and file a Maryland estate 17
tax return with the Comptroller 9 months after the date of the death of a decedent. 18
2 SENATE BILL 55
(b) If a federal estate tax return is not required to be filed but a federal estate tax 1
return would be required to be filed if the applicable exclusion amount under § 2010(c) of 2
the Internal Revenue Code were no greater than the applicable exclusion amount specified 3
under § 7–309(b) of this subtitle, the person who would be responsible for filing the federal 4
estate tax return shall complete, under oath, and file a Maryland estate tax return with 5
the Comptroller 9 months after the date of the death of the decedent. 6
(c) (1) If a person files a Maryland estate tax return solely for the purpose of 7
making the election under § 7–309(b) of this subtitle to allow a surviving spouse to take 8
into account the deceased spousal unused exclusion amount, the person shall file the 9
Maryland estate tax return within [2 years after the date of death of the decedent] THE 10
TIME PERIOD PRESCRIB ED FOR MAKING AN ELE CTION ON A FEDERAL E STATE TAX 11
RETURN TO ALLOW A SU RVIVING SPOUSE TO TAKE INTO ACCOUNT THE DEC EASED 12
SPOUSAL UNUSED EXCLU SION AMOUNT . 13
(2) THE COMPTROLLER SHALL ADO PT REGULATIONS NECES SARY TO 14
ENSURE THAT THE TIME PERIOD FOR MAKING THE ELECTION UNDER § 7–309(B) OF 15
THIS SUBTITLE ON A MARYLAND ESTATE TAX R ETURN IS IDENTICAL TO THAT FOR A 16
SIMILARLY SITUATED FEDE RAL ESTATE TAX RETUR N. 17
(d) (1) After a person files a Maryland estate tax return, the person shall file 18
an amended Maryland estate tax return with the Comptroller if the Maryland estate tax 19
liability is increased because of: 20
(i) a change in the federal gross estate, federal taxable estate, 21
federal estate tax, or other change as determined under the Internal Revenue Code; 22
(ii) after–discovered property; 23
(iii) a correction to the value of previously reported property; 24
(iv) a correction to the amount of previously claimed deductions; or 25
(v) any other correction to a previously filed return. 26
(2) (i) The amended return shall be filed within 90 days after the later 27
to occur of the date of the event that caused the increase in the Maryland estate tax liability 28
or the date on which the person required to file an amended Maryland estate tax return 29
learned or reasonably should have learned of the increase in the Maryland estate tax 30
liability. 31
(ii) On request, each register shall certify to the Comptroller the 32
amount of inheritance tax paid for each decedent for whom an amended Maryland estate 33
tax return is filed with the Comptroller. 34
SENATE BILL 55 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shal l be construed to 1
apply retroactively and shall be applied to and interpreted to affect any decedents dying on 2
or after July 1, 2018. 3
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2023. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.