LD 1711
pg. 8
Page 7 of 18 An Act To Make Minor Substantive Changes to the Tax Laws Page 9 of 18
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LR 2951
Item 1

 
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


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