EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
Italics indicate opposite chamber/conference committee amendments.
*sb0055*
SENATE BILL 55
Q7 (3lr0809)
ENROLLED BILL
— Budget and Taxation/Ways and Means —
Introduced by Senator West
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 55
Article – Tax – General 1
7–305. 2
(a) If a federal estate tax return is required to be filed, the person responsible for 3
filing the federal estate tax return shall complete, under oath, and file a Maryland estate 4
tax return with the Comptroller 9 months after the date of the death of a decedent. 5
(b) If a federal estate tax return is not required to be filed but a federal estate tax 6
return would be required to be filed if the applicable exclusion amount under § 2010(c) of 7
the Internal Revenue Code were no greater than the applicable exclusion amount specified 8
under § 7–309(b) of this subtitle, the person who would be responsible for filing the federal 9
estate tax return shall complete, under oath, and file a Maryland estate tax return with 10
the Comptroller 9 months after the date of the death of the decedent. 11
(c) (1) If a person files a Maryland estate tax return solely for the purpose of 12
making the election under § 7–309(b) of this subtitle to allow a surviving spouse to take 13
into account the deceased spousal unused exclusion amount, the person shall file the 14
Maryland estate tax return within [2 years after the date of death of the decedent] THE 15
TIME PERIOD PRESCRIB ED FOR MAKING AN ELE CTION ON A FEDE RAL ESTATE TAX 16
RETURN TO ALLOW A SU RVIVING SPOUSE TO TA KE INTO ACCOUNT THE DECEASED 17
SPOUSAL UNUSED EXCLU SION AMOUNT . 18
(2) THE COMPTROLLER SHALL ADO PT REGULATIONS NECES SARY TO 19
ENSURE THAT THE TIME PERIOD FOR MAKING TH E ELECTION UNDER § 7–309(B) OF 20
THIS SUBTITLE ON A MARYLAND ESTATE TAX R ETURN IS IDENTICAL T O THAT FOR A 21
SIMILARLY SITUATED F EDERAL ESTATE TAX RE TURN. 22
(d) (1) After a person files a Maryland estate tax return, the person shall file 23
an amended Maryland estate tax return with the Comptroller if the Maryland estate tax 24
liability is increased because of: 25
(i) a change in the federal gross estate, federal taxable estate, 26
federal estate tax, or other change as determined under the Internal Revenue Code; 27
(ii) after–discovered property; 28
(iii) a correction to the value of previously reported property; 29
(iv) a correction to the amount of previously claimed deductions; or 30
(v) any other correction to a previously filed return. 31
(2) (i) The amended return shall be filed within 90 days after the later 32
to occur of the date of the event that caused the increase in the Maryland estate tax liability 33 SENATE BILL 55 3
or the date on which the person required to file an amended Maryland estate tax return 1
learned or reasonably should have learned of the increase in the Maryland estate tax 2
liability. 3
(ii) On request, each register shall certify to the Comptroller the 4
amount of inheritance tax paid for each decedent for whom an amended Maryland estate 5
tax return is filed with the Comptroller. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 7
apply retroactively and shall be applied to and interpreted to affect any decedents dying on 8
or after July 1, 2018 January 1, 2019. 9
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take e ffect July 10
1, 2023. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.