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the decedent's federal gross estate. All property values under this | | section are as finally determined for federal estate tax purposes, | | except that for estates of decedents dying after December 31, 2002 | | that do not incur a federal estate tax, all property values are as | | finally determined by the assessor in accordance with the Code as | | if the estate had incurred a federal estate tax. 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. 43. 36 MRSA §4068, as amended by PL 2005, c. 12, Pt. N, §3 and | | affected by §4, is further amended to read: |
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| | | §4068. Tax due date; filing of return and payment of tax |
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| | | 1. Date due. The tax imposed by this chapter | | otherwise provided by this chapter, a return required by this | | section is due 9 months after the date of the decedent's death | | and any tax due under this chapter is due at the same time. | Interest shall accrue | that |
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| | | 2. Return required. In all cases where there is a Maine | estate tax liability, thepay | the tax imposed by this chapter and | return within 9 months after the decedent's death. The return | must be in the form prescribed by the State Tax Assessor and it | must be accompanied by a copy of the federal estate tax return, | if any, and other supporting documentation that the assessor may | require. |
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| | | A.__The Code requires that a federal estate tax return be | | filed; or |
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| | | B.__The federal gross estate, increased by the amount of | | adjusted taxable gifts made by the decedent after December | | 31, 1976 and by the aggregate amount of any specific gift | | tax exemption under former Code, Section 2521 used by the | | decedent after September 8, 1976 exceed the exclusion and | | related unified credit amounts specified in section 4062, | | subsection 1-A. |
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| | | The return must be in the form prescribed by the State Tax | | Assessor and it must be accompanied by a copy of the federal | | estate tax return, if any, and by other supporting documentation | | that the assessor may require. |
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