|
did not exist and the property was personally owned by the | decedent. Maine property is subject to the tax imposed by this | section to the extent that such property is included in the | decedent's gross estate as finally determined for federal estate | tax purposes. The amount of this tax is equal to the lesser of: |
|
| A. That proportion of the federal estate tax calculated | prior to the application of the federal credit that the | value of Maine real and tangible personal property taxed in | this State that qualifies for the credit bears to the value | of the decedent's total federal gross estate; and |
|
| B. That proportion of the federal credit divided by .75 | that the value of Maine real and tangible personal property | taxed in this State that qualifies for the credit bears to | the value of the decedent's total federal gross estate. |
|
| All values are as finally determined for federal estate tax | purposes. The share of the federal credit used to determine the | amount of a nonresident individual's estate tax under this | section is computed without regard to whether the specific real | or tangible personal property located in the State is marital | deduction property. |
|
| | Sec. 22. 36 MRSA §4071, sub-§1, as amended by PL 2003, c. 673, Pt. D, | §8 and affected by §9, is further amended to read: |
|
| | 1. Final federal determination. A final federal determination | as to any of the following issues shall also determine determines | the same issue for purposes of the tax under this chapter: |
|
| A. The inclusion in the federal gross estate of any item of | property or interest in property; |
|
| B. The allowance of any item claimed as a deduction from | the federal gross estate; or |
|
| C. The value or amount of any such item; |
|
| D. The value of the federal gross estate generally; or |
|
| E. For estates of decedents dying before January 1, 2003, | the amount of the federal credit. |
|
| | Sec. 23. 36 MRSA §4071, sub-§3, as enacted by PL 1981, c. 451, §7, is | amended to read: |
|
| | 3. Items entering computation of tax. If there has been a | final federal determination with respect to a decedent's federal |
|
|