Comptroller of Maryland. Serving the People. Peter Franchot, Comptroller
Maryland Taxes
Maryland Taxes: Find all tax-related information and services. Maryland's Money: Resource for transparent financial reporting. Comptroller of Maryland: Information and resources for government agencies, state employees, vendors, and the general public. Media Services: Outlet for agency and Comptroller news. Online Services: Links to all agency online services and applications. Search Engine: Find it Fast! Translate the website to many languages Home Page

Frequently Asked Questions about Estate and Inheritance Tax

6 - What recent legislative changes affect the Maryland estate tax?

The Maryland General Assembly enacted legislation during the 2014 Legislative Session that gradually conforms the Maryland estate tax exemption amount to the value of the unified credit under the federal estate tax, thereby increasing the amount that can be excluded for Maryland estate tax purposes. The increase in the amount that can be excluded for Maryland estate tax purposes is phased over five years and is equal to (1) $1.5 million for a decedent dying in calendar year 2015; (2) $2.0 million for a decedent dying in calendar year 2016: (3) $3.0 million for a decedent dying in calendar year 2017; (4) $4.0 million for a decedent dying in calendar year 2018; and (5) the amount excluded under the federal estate tax for a decedent dying on or after January 1, 2019. Check the Internal Revenue Service website for information on the current federal estate tax exemption.

During the 2012 Legislative Session the Maryland General Assembly enacted the Family Farm Preservation Act of 2012, which adds a new subsection to Title 7 of the Tax-General Article allowing for the exclusion of up to $5,000,000 of the value of qualified agricultural property from the value of the gross estate for decedents dying after December 31, 2011. The new provision also provides that the Maryland estate tax may not exceed 5% of the value of specified agricultural property exceeding $5,000,000. Maryland qualified agricultural exclusion forms may be obtained by calling the Estate Tax Unit at (410) 260-7850.

Legislation enacted during the 2014 legislative session gradually conforms the Maryland estate tax exemption amount to the value of the unified credit under the federal estate tax, thereby increasing the amount that can be excluded for Maryland estate tax purposes. The increase in the amount that can be excluded for Maryland estate tax purposes is phased over five years and is equal to (1) $1.5 million for a decedent dying in calendar year 2015; (2) $2.0 million for a decedent dying in calendar year 2016; (3) $3.0 million for a decedent dying in calendar year 2017; (4) $4.0 million for a decedent dying in calendar year 2018; and (5) the amount excluded under the federal estate tax for a decedent dying on or after January 1, 2019. Check the Internal Revenue Service website for information on the federal estate tax exemption.

Most recently, the Maryland General Assembly enacted legislation during the 2015 legislative session that changed the option allowing Maryland estate tax returns to be filed with the Register of Wills or with the Comptroller. Beginning July 1, 2015, all Maryland estate tax returns must be filed directly with the Comptroller. Requests for certification of the amount of inheritance paid on behalf of a decedent will be made by the Comptroller only; such certification requests should no longer be made by the personal representative of the decedentís estate or any other person required to file a Maryland estate tax return with regard to property passing from the decedent.



 
Links for Estate-Inheritance-Fiduciary Tax FAQs
Individual Tax Types
Fiduciary Tax
Tax Information
Estate-Inheritance-Fiduciary Tax FAQs
  q1 - What is the Maryland estate tax? What is the tax rate?
  q2 - Who is responsible for filing the Maryland estate tax return?
  q3 - What are the requirements for filing a Maryland estate tax return?
  q4 - How do I file the Maryland estate tax return? And when?
  q5 - Can I get an extension to file the Maryland return or pay the Maryland estate tax?
  q6 - What legislative changes affect the Maryland estate tax?
  q7 - What about the inheritance tax?
  q8 - What if Maryland inheritance and estate taxes are both due? Isn't that double taxation?
  q9 - Are there interest or penalty charges for late payment of the tax?
  q10 - Can I get a refund if I overpay?
  q11 - What are fiduciaries and must they file fiduciary tax returns?
  q12 - How are personal representatives affected by state income tax?
  q13 - If I open and close the estate in the same year, am I required to file a Maryland income tax fiduciary return?
  q14 - What Maryland forms are needed to meet these fiduciary filing requirements?
 
Download for Adobe Reader

Maryland.gov Homepage