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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: |
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| | | 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 |
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| | | 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. |
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| | 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. |
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| | | 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: |
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| | | 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: |
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| | | A. The inclusion in the federal gross estate of any item of | | property or interest in property; |
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| | | B. The allowance of any item claimed as a deduction from | | the federal gross estate; or |
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| | C. The value or amount of any such item; |
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| | D. The value of the federal gross estate generally; or |
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| | | E. For estates of decedents dying before January 1, 2003, | | the amount of the federal credit. |
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| | | Sec. 23. 36 MRSA §4071, sub-§3, as enacted by PL 1981, c. 451, §7, is | | amended to read: |
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| | | 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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