Form MET 1 Rev. 08/2 1 USE THIS AREA FOR DATE STAMPS DO NOT WRITE IN THIS AREA Reference Numbers Revenue Administration Division Comptroller: ________________ P.O. Box 828 Annapolis, MD 21404-0828 Register: ___________________ MARYLAND ESTATE TAX RETURN To be used for decedents dying after December 31, 2018. Attach the Federal Estate Tax Return, Form 706. Please print or type. Original return Surviving Spouse Alternate Valuation Refund claimed MD Portability Amended return State-only QTIP MD Qualified Ag Property Exclusion Alternate payment plan requested Federal estate tax return has been or will be filed with the IRS: Required Portability election Other Decedent information: Nonresident _______________ (indicate Maryland county in which taxable property is located) First name Middle name Last name Social Security number Address at date of death (number and street) SECTION I City County State ZIP code Date of death Due date of return (nine months after date of death) Extended due date of return (Attach copy of extension) Person(s) responsible for filing the Maryland estate tax return: Attach continuing schedule in same format, including signature, if there are more than three persons responsible for filing the return. Name Complete mailing address Social Security number Name Complete mailing address Social Security number Name Complete mailing address Social Security number Attorney or contact person where correspondence should be sent: Name Phone number Address line 1 Address line 2 E-mail address SECTION II City County State ZIP code I authorize the Estate Tax Unit to contact me at the e-mail address indicated above if additional information is required. Note: official notices and closing letters will not be sent via e-mail. Affidavit of person(s) responsible for filing the Maryland estate tax return: Under the penalties of perjury, I certify that I have examined this return, including schedules and the federal Form 706, and that these documents are true, correct and complete to the best of my knowledge, information and belief. Signature Date Signature Date Signature Date Certification of Register of Wills: I, _____________________________________Register of Wills for ___________________________________________ hereby certify that Maryland inheritance taxes totaling _________________ have been paid as of ____________________________ Date SECTION III Signed ___________________________________________ COM/RAD-101 Register of Wills 1 |
Form MET 1 Decedent information: Rev. 08/ 12 First name Middle name Last name Social Security number COMPUTATION OF MARYLAND ESTATE TAX Do not write in this for estates of decedents dying after December 31, 2018. area Comptroller’s use only 1. Federal total gross estate (from line 1, federal Form 706) . . . . . . . . . . . . $ 2. Property for which a QTIP election was previously made on a form MET 1 filed for the estate of the decedent’s pre-deceased spouse (to the extent not included in line 1) (from line 1 of Schedule C) . . . . . . . . . . . . . . . . . $ 3. Augmented gross estate (add lines 1 and 2) . . . . . . . . . . . . . . . . . . . . . $ 4. Federal total allowable deductions (from line 2, federal Form 706) . . . . . . $ 5. Maryland QTIP election this return (from line 1 of Schedule D) . . . . . . . . $ 6. Total deductions (add lines 4 and 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7. Maryland estate tax base (subtract line 6 from line 3). Do not enter less than zero$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Complete lines 8b-8c. Subtract 8c from line 7 and enter here (Do not enter less than zero) If line 8 is zero, skip lines 9 through 14 and enter zero on line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ a. Maryland estate tax exclusion amount . . . . . . . .$ 5,000,000.00 b. Enter the Maryland deceased spousal unused exclusion amount from Schedule F, Part II, Line 3 if applicable. Otherwise enter zero . . . . . .$ c. Total (add lines 8a and 8b) . . . . . . . . . . . . . . . .$ 9. Multiply line 8 by 16% (.16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ COMPLETE AND ATTACH MARYLAND SCHEDULE B FOR LINE 10 10.Allowable maximum credit for state death taxes (from line 13 of Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ IF LINE 10 IS ZERO, OR IF ALL PROPERTY WITHIN THE AUGMENTED GROSS SECTION IV ESTATE HAS A MARYLAND TAX SITUS, SKIP TO LINE 13 11.Percentage of Maryland estate to augmented gross estate (Schedule A, line . % . % 27)% 12. Maryland apportioned credit (line 11 times line 10) . . . . . . . . . . . . . . . . $ 13. Gross Maryland estate tax liability (enter the lesser of lines 9, 10 and 12, whichever is applicable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14. a. Maryland inheritance tax paid . . . . . . . . . . . . . . $ b. Death tax paid to another state on assets also included in the Maryland estate . . . . . . . . . . $ c. Total (add lines 14a and 14b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15. Net Maryland estate tax (line 13 minus line 14c) . . . . . . . . . . . . . . . . . . $ 16. a. Estimated tax previously remitted . . . . . . . . . . . $ b. Maryland estate tax previously remitted (amended returns only) . . . . . . . . . . . . . . . . . . $ c. Total (add lines 16a and 16b) . . . . . . . . . . . . . . $ 17. Maryland estate tax due or (overpayment) (line 15 minus line 16c) . . . . . $ 18. Interest charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19. Penalty charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20. Total balance due or (overpayment)(add lines 17, 18, and 19) . . . . . . . . $ 21. Amount of overpayment to be refunded . . . . . . . . . . . . . . . . . . REFUND 22. Total balance due . . . . . . . . . . . . . . . Pay in full when filing this return COM/RAD-101 2 |
INSTRUCTIONS - SECTIONS I - IV OF MET 1 For estates of decedents dying after December 31, 2018. Indicate whether the return is an “original” filing or an “amended” return, whether there is a surviving spouse and if so, whether a Maryland QTIP is being claimed on Schedule D of the MET-1. Also indicate whether alternate valuation and/or the Maryland Qualified Agricultural Exclusion are being elected, if a refund is being claimed, and if an alternate payment plan is being requested. Finally, indicate if the federal return, Form 706, has been or will be filed with the Internal Revenue Service and whether that filing is being made (1) because the filing is required by law; (2) to elect to transfer the decedent’s unused exclusion amount to the surviving spouse (portability); (3) for some other reason. Section I Complete all of the information concerning the Line 13 If the augmented gross estate includes only decedent. Maryland property, enter the lesser of line 9 or Section II Enter the information concerning all person(s) line 10. If the augmented gross estate includes responsible for filing the return. property in Maryland and outside the state, enter the lesser of line 9 or 12. The amount Enter the information to indicate where reported on line 13 is the gross Maryland estate correspondence should be sent. This is the tax liability. This amount must be satisfied individual the Comptroller will contact if additional by the due date of the return shown on information is required or if a deficiency/refund page 1 to avoid interest and penalty. notice is necessary. The person(s) responsible for filing the return will be contacted in the event the Line 14b Enter the portion of any tax paid to another contact person does not respond or if no contact state or territory on property included in the person is listed. All person(s) responsible Maryland estate shown on line 26 of Schedule for filing the return must sign and date the A. You must provide evidence of payment and return. attach your computation of this credit. Section III This section will be completed by the Register of Line 16a Enter the total of any payments remitted as Wills after the return is received by the Comptroller. estimated payments with a filing extension or payments remitted in advance of the filing of Section IV Computation of Maryland estate tax for estates the return. of decedents dying after December 31, 2018. Complete the federal estate tax return, Form 706, Line 16b Enter the total Maryland estate tax paid with for the year of the decedent's death, regardless of previously filed returns. whether Form 706 is required to be filed with the Line 18 Interest is assessed on any portion of the Internal Revenue Service. Maryland estate tax liability (line 13) that is not Include the federal return, complete with all satisfied by the statutory due date on page 1 of schedules, attachments and supporting documents the return. See Administrative Release #14 for when filing the Maryland estate tax return. The the current interest rates. Interest is calculated value of the property of the estate must be based from the due date to the date of payment. upon fair market value/appraisals from Certified Line 19 Late payment penalty of up to 10 percent is Appraisers. assessable on any portion of the Maryland estate tax (line 15) that is not satisfied by the Line 2 Complete Schedule C and enter the value, as statutory due date on page 1 of the return. A of the decedent’s date of death (or alternate 25 percent non-compliance penalty is assessed valuation date, if elected), of Maryland for failure to comply with a notice and demand Qualified Terminable Interest Property (QTIP) for the filing of the return within the time for which an election was previously made on a prescribed. A penalty of 25 percent of the Maryland estate tax return filed for the estate amount of the underpayment of tax is assessed of the decedent’s predeceased spouse. Do not where the underpayment is attributable to any include QTIP property that is already included substantial estate tax valuation understatement in line 1. and where the underpayment is greater than Line 5 If an election for Maryland Qualified Terminable $5,000. Interest Property (QTIP) is being made in the Line 20-22 Add lines 17, 18 and 19 and enter the total current return, complete Schedule D and enter on line 20. If the total is a balance due, enter the total amount of Maryland QTIP on line 5 of on line 22 and remit to the Comptroller with the Maryland estate tax return. the remittance advice form. If the total is an Note: Do not attempt to make a Maryland overpayment, enter on line 21 the amount QTIP election on the pro forma Schedule refundable. This may not exceed the total M of federal Form 706; all Maryland QTIP amount previously paid to the Comptroller. elections must be made on Schedule D of the MET 1. Lines 11-12 Apportionment of state death tax credit. If the augmented gross estate on line 3 includes only Maryland property, skip to line 13. If the augmented gross estate on line 3 includes Maryland property and property located outside the state of Maryland, complete Maryland Schedule A first. Then enter on line 11, the percentage of the Maryland estate from line 27 on Schedule A. Multiply line 11 times line 10 and enter the result on line 12. COM/RAD-101 3 |
Form MET 1 Decedent information: Schedule A Rev. 08/21 First name Middle name Last name Social Security number SCHEDULE A Use this worksheet to report the portion of the estate not subject to Maryland estate tax If the decedent died after December 31, 2018. Attach Schedule A to Form MET1, using additional pages if necessary. For a Maryland decedent – Itemize the Real and Tangible Personal Property included in the augmented gross estate (line 3 of the Maryland Estate Tax Return), having situs outside of Maryland. For a nonresident decedent – Itemize the Real and Tangible Personal Property included in the augmented gross estate (line 3 of the Maryland Estate Tax Return), having situs in Maryland. Item Number Property description and location Value used in augmented gross estate 23. Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________ Computation of percentage of Maryland estate to augmented gross estate 24. Augmented gross estate (from line 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________ 25. Portion of estate not subject to Maryland estate tax: a. Maryland decedent (from line 23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________ OR b.Nonresident decedent (line 24 minus line 23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________ 26. Maryland estate (subtract line 25a or 25b from line 24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________ 27. Percentage of Maryland estate to augmented gross estate (line 26 divided by line 24) rounded to two decimal places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % Enter on line 11 of return. COM/RAD-101 4 |
Form MET 1 Decedent information: Schedule B Rev. 08/21 First name Middle name Last name Social Security number SCHEDULE B Use this schedule and worksheet to complete line 10, of the Maryland estate tax return if the decedent died after December 31, 2018. 1. Maryland estate tax base (from line 7 Section IV of the Maryland Estate Tax Return). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 2. Less $60,000 adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________(60,000.00) 3. Adjusted taxable estate (subtract line 2 from line 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ Complete lines 4-13 using table A from the Federal Form 706 Instructions and table B below to determine the allowable maximum credit for state death taxes for purpose of the Maryland estate tax. Table B - Computation of Maximum Credit for State Death Taxes (1) (2) (3) (4) (1) (2) (3) (4) Adjusted Adjusted Credit on Rate of credit Adjusted Adjusted Credit on Rate of credit taxable estate taxable estate amount in on excess over taxable estate taxable estate amount in on excess over equal to or less than – column (1) amount in equal to or less than column (1) amount in more than – column (1) more than column (1) (Percent) (Percent) 0 $40,000 0 None 2,040,000 2,540,000 106,800 8.0 $40,000 90,000 0 0.8 2,540,000 3,040,000 146,800 8.8 90,000 140,000 $400 1.6 3,040,000 3,540,000 190,800 9.6 140,000 240,000 1,200 2.4 3,540,000 4,040,000 238,800 10.4 240,000 440,000 3,600 3.2 4,040,000 5,040,000 290,800 11.2 440,000 640,000 10,000 4.0 5,040,000 6,040,000 402,800 12.0 640,000 840,000 18,000 4.8 6,040,000 7,040,000 522,800 12.8 840,000 1,040,000 27,600 5.6 7,040,000 8,040,000 650,800 13.6 1,040,000 1,540,000 38,800 6.4 8,040,000 9,040,000 786,800 14.4 1,540,000 2,040,000 70,800 7.2 9,040,000 10,040,000 930,800 15.2 10,040,000 - - - - - - - 1,082,800 16.0 4. Enter line 7, Section IV from the Maryland estate tax return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 5. Enter line 4 from the federal Form 706, adjusted taxable gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 6. Add lines 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 7. Tentative federal tax on the amount on line 6 using Table A from the Federal Form 706 instructions . . . . $ ______________ 8. Total gift tax payable, from line 7 of the federal Form 706 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 9. Gross federal estate tax – subtract line 8 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 10. Complete lines 10a and 10b. Add lines 10a and 10b and enter here. $ ______________ a. Allowable unified credit of $1,945,800 reduced by any adjustments reported on line 10 of the federal Form 706. Do not use Unified Credit from federal Form 706 . . $ ______________ b. Enter amount from Schedule F, Part II, Line 4. If not applicable, enter $0 . . . . . . . . $ ______________ 11. Subtract line 10 from line 9 (do not enter less than zero) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ If line 11 is zero, STOP here and enter zero on line 10 of the Maryland estate tax return. Otherwise, continue to line 12 of Schedule B. 12. Maximum credit for state death taxes. Calculate the credit using Table B above and the Adjusted Taxable Estate on line 3 of Schedule B and enter here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 13. Enter the lesser of line 11 or 12. This is the allowable maximum credit for state death taxes. Enter on line 10 of the Maryland Estate Tax Return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ COM/RAD-101 5 |
Form MET 1 Decedent information: Schedule C Rev. 08/21 First name Middle name Last name Social Security number SCHEDULE C Use this schedule and worksheet to complete line 2 of the Maryland Estate Tax Return and to report any Maryland State QTIP Trust Property for which an election was made on the decedent’s predeceased spouse’s Maryland estate tax return, if applicable. The Maryland State QTIP Trust referred to on this Schedule C is the trust (or other property) for which a Maryland State QTIP election was made on a prior Maryland estate tax return filed by the estate of the decedent’s predeceased spouse. If the assets of the Maryland State QTIP Trust are not included on the decedent’s federal estate tax return (Form 706) because these assets were not subject to a federal QTIP election and thus are not includible in the decedent’s federal gross estate, then the fair market value of such assets must be reported and included on this Schedule C. For each item of qualified terminable interest property entered below, attach a copy of the trust document (if applicable) and an appraisal of the fair market value of such property. ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Identify below each trust to which this irrevocable election applies: Name of Trust (or other property) Tax Identification Number of Trust Name of Decedent’s former Spouse Date of Death of Decedent’s former Spouse SSN Name and Address of Trustee(s) of Trust If this election applies to an additional trust or trusts, attach a continuation schedule or additional sheets identifying each additional trust or property to which this election applies. Amount Item Letter Description of Maryland Qualified Terminable Interest Property (Fair Market Value) 1. TOTAL (include on Line 2, Section IV of Maryland estate tax return) . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ______________ COM/RAD-101 6 |
Form MET 1 Decedent information: Schedule D Rev. 08/21 First name Middle name Last name Social Security number SCHEDULE D Use this schedule and worksheet to make certain elections and to complete line 5 of the Maryland estate tax return if the decedent died after December 31,8201 . All Maryland Qualified Terminable Interest Property elections must be made on this Schedule D. Do not attempt to make a Maryland QTIP election on the pro forma Form 706. Election To Deduct Qualified Terminable Interest Property For Maryland Estate Tax Purposes. If a trust (or other property) meets the requirements of qualified terminable interest property under Internal Revenue Code §2056(b) (7), (other than the requirement that the election with respect to such property shall be made on a federal Form 706) and a. The trust or other property is listed on this Schedule D, and b. The value of the trust (or other property) is entered in whole or in part as a deduction on this Schedule D then unless the personal representative specifically identifies the trust (all or a fractional portion or percentage) or other property to be excluded from the election, the personal representative irrevocably elects to have such trust (or other property) treated as qualified terminable interest property under Tax-General §7-309(b)(5) of the Maryland Code. If less than the entire value of the trust (or other property) that the executor has included in the gross estate is entered as a deduction in this Schedule D, the personal representative shall be considered to have made an election only as to a fraction of the trust (or other property). The numerator of this fraction is equal to the amount of the trust (or other property) deducted in this Schedule D. The denominator is equal to the total value of the trust (or other property). c. Under Tax-General §7-309 of the Maryland Code, an election to treat property as marital deduction qualified terminable interest property on a timely filed Maryland Estate Tax Return shall be recognized for purposes of calculating the Maryland estate tax even if an inconsistent election is made for the same decedent for Federal estate tax purposes. d. For each item of qualified terminable interest property entered below, attach a copy of the trust document (if applicable) and an appraisal of the value of such property. Was Decedent’s Spouse a U.S. citizen as of the due date of the estate tax return? Yes No Identify below each trust to which this irrevocable election applies: Name of Trust (or other property) Tax Identification Number of Trust Name of Decedent’s Spouse SSN Name and Address of Trustee(s) of Trust If this election applies to an additional trust or trusts, attach a continuation schedule or additional sheets identifying each additional trust or property to which this election applies. Amount Item Letter Description of Maryland Qualified Terminable Interest Property (Fair Market Value) 1. TOTAL AMOUNT of Qualified Terminable Interest Property listed above that is not listed on Schedule M of the federal Form 706. (Enter on Line 5, Section IV of the Maryland Estate Tax Return) . . . . . . . . . . . $ _______________ COM/RAD-101 7 |
Form MET 1 Decedent information: Schedule F Rev. 08/21 First name Middle name Last name Social Security number SCHEDULE F Use this schedule to elect portability of the Deceased Spousal Unused Exclusion (DSUE) if the decedent died on or after January 1, 2019. PART I - To be completed by the estate of a decedent making a portability election. This is the amount claimed to be passed to the surviving spouse. 1. Exclusion amount for decedent passing after December 31, 2018. . . . . . . . . . . . . . . . . . . . . . 1. $ 5,000,000.00 2. Enter the amount from Section IV, Line 7 of the MET-1 here. ... . . . . . . . . . . . . . . . . . . . . . . 2. $ 3. Deceased Spousal Unused Exclusion Amount: Subtract Line 2 from Line 1. This is the DSUE amount portable to the surviving spouse. To elect portability of the deceased spouse unused exclusion amount, check here ........................ 3. $ PART II – To be completed by the deceased surviving spouse claiming an unused exclusion amount on this MET-1. Enter the name of the predeceased spouse: ______________________________________________________________ Enter Social security number of the predeceased spouse: ____________________________________________________ 1. Maryland exclusion amount at time of death for the predeceased spouse. . . . . . . . . . . . . . . . . 1. $ 2. Enter the tentative taxable estate amount for predeceased spouse. (MET-1 Section IV, Line 7 or Federal Form 706, Line 3a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. $ 3. Subtract Line 2 from Line 1. Enter this amount on line Section IV, Line 8b. . . . . . . . . . . . . . . . 3. $ 4. Multiply Line 3 by 40% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. $ COM/RAD-101 8 |
GENERAL INSTRUCTIONS For estates of decedents dying after December 31, 2018. When the Form MET 1 must be filed: A Maryland estate tax subsections, if there is a surviving spouse. Schedule M return (Form MET 1) must be filed where the federal gross should be completed even if marital deduction property estate plus adjusted taxable gifts plus, property for which a was reported according to the special rule of Reg. Section Maryland QTIP election was previously made on a Form MET 1 20.2010(a)(7)(ii). filed for the estate of the decedent’s predeceased spouse equals NOTE: If you are not required to file a federal estate tax or exceeds $5,000,000, and the decedent at the date of death return with the IRS but are required to file a Maryland was: estate tax return, attach a copy of the pro forma federal 1. A resident of the State of Maryland or Form 706 prepared, with scheduled and supporting 2. A nonresident of the State of Maryland whose estate documentation, as though a federal return was required. includes any interest in real property permanently located Copies of all disclaimers in this State; or tangible personal property that has a taxable situs in this State. Date of death account statements (bank, investment, The Maryland estate tax return must be filed within nine months retirement, etc.) after the date of death of the decedent, even if the federal estate All appraisals used to value property included on Form tax return (IRS Form 706) is not required to be filed with the 706 including, but not limited to, real property and Internal Revenue Service. collections of personal property valued at over $3,000. Who must file Form MET 1: The duly appointed personal Form 712, Life Insurance Statement, for any policies representative shall file the return. If there is more than one of life insurance reported on Form 706, even if its value is personal representative, the return must be made jointly by all. not included in the estate. If there is no personal representative appointed, every person in Proof of the extent, origin, and nature of the decedent’s actual or constructive possession of any property of the decedent is required to make and file a return. interest and the interest(s) of the decedent’s co-tenant(s) for all property reported on Schedule E, Part 2 at less than Where to file return: The Maryland estate tax return is filed its full value. directly with the Comptroller. Mail the estate tax return and payment to: Detailed breakdown of miscellaneous expenses Comptroller of Maryland Date of death mortgage statements Revenue Administration Division - Estate Tax Unit Promissory Notes P.O. Box 828 Annapolis, MD 21404-0828 Copies of any documents directing a charitable transfer reported on Schedule O. What to include with the return: When filing the Maryland estate tax return, include Maryland Schedule A if applicable, This list is not meant to be exhaustive, but highlights specific Maryland Schedule B, Maryland Schedule C if applicable, and lines and supporting documents that are often overlooked. Maryland Schedule D if applicable. In addition to the Maryland Failure to provide these documents with the return will delay schedules, you must complete and submit the following processing. documentation: Tips for faster processing of Maryland Estate Tax returns Fully complete federal estate tax return, Form 706, with with no tax liability: special attention to the following: As a result of the marital deduction/Maryland QTIP, please flag Part 1 the following pages of the filing: Attach a copy of the Letters of Administration. • Form MET-1, page 2; If decedent died testate, check box on line 8 and attach a • Form MET-1, Schedule D, if a QTIP election is being made; copy of the Last Will & Testament and any codicils • Form 706, page 2; and thereto. • Form 706, Schedule M. Please also ensure that items 1-3 Part 2 and all subsections are complete. • Report adjusted taxable gifts on line 4. As the result of charitable deductions, please flag the following Attach Form 709, Gift Tax Return, covering gifts made pages of the filing: within 1 year of the decedent’s death. • Form 706, page 3; Part 4 • Form 706, Schedule O; and • Fully complete and attach any necessary supplemental • The relevant page of the will, trust, or other documentation documents or schedules per Part 4. designating the charitable beneficiary or otherwise Attach the death certificate. authorizing the charitable donation. Attach trust documents where decedent was a grantor Alternate Valuation: With regard to an election to value or possessed a power, beneficial interest, or trusteeship. property as provided in §2032 of the Internal Revenue Code, if Include any amendments or restatements. a federal estate tax return is not required to be filed with the Internal Revenue Service, an irrevocable election made on a Attach power of appointment instruments. timely filed Maryland estate tax return shall be deemed to be an Part 5 election as required by §2032(d) of the Internal Revenue Code. In such cases, the provisions of §2032(c) of the Internal • Make an entry on every line of the Recapitulation, even if Revenue Code do not apply. An election may not be made unless it is zero. that election will decrease the value of the gross estate, and the Schedule F Maryland estate tax due with regard to the transfer of a • Completed Schedule F must be filed with all returns. decedent’s Maryland estate. Report an election for alternate valuation of property by entering a check mark in the appropriate Schedule M box on the front page of the Maryland estate tax return, and by • Fully complete Schedule M, including items 1-3 and all reporting the same on the pro forma Form 706 filed with the MET 1. You must attach all of the required statements and COM/RAD-101 9 |
appraisals. In cases in which a federal estate tax return is filed an alternative payment schedule. See Administrative Releases with the Internal Revenue Service, an election for alternate #4 and #30 for additional instructions. valuation of property for Maryland estate tax purposes must be When and Where to pay the tax: The Maryland estate tax is the same as the election made for federal estate tax purposes. payable to the Comptroller of Maryland nine months from the Maryland Qualified Agricultural Property (QAP) Exclusion: date of death. The check should be mailed directly to the To elect to exclude up to $5,000,000 of the value of qualified Comptroller of Maryland, Revenue Administration Division, P.O. agricultural property from the value of the gross estate and Box 828, Annapolis, Maryland 21404-0828 with the remittance benefit from a tax rate not to exceed 5% of the value of such form MET 3 that is included in the return package. The property exceeding $5,000,000, certain forms must be filed with Comptroller may allow an alternative payment schedule for the the Comptroller as attachments to the Maryland Estate Tax Maryland estate tax in the form of a payment deferral or Return. To request these forms, please call the Estate Tax Unit at installment payment plan. See Administrative Release #30 for (410) 260-7850. specific procedures. Portability of the Maryland Deceased Spousal Unused Interest, Penalties and Liens: Interest will accrue at the Exclusion (DSUE): Portability provides that any unused basic statutory rate on unpaid Maryland estate tax from the due date exclusion amount that remains at the death of the last deceased of the return to the date of actual payment. See Administrative spouse (called the “deceased spousal unused exclusion amount”) Release #14 for current rates. Penalties are provided by statute may be used by the surviving spouse, in addition to the surviving for: spouse’s own exclusion. The last deceased spouse is the most 1. failure to pay the tax when due - up to 10 percent; and recently deceased person who was married to the surviving spouse at the time of the surviving spouse’s death. 2. failure to comply with Notice and Demand - 25 percent; and All portability elections must be made in accordance with MD 3. substantial estate tax valuation understatement - a 25 Code, Tax - General, § 7-309. percent penalty applies to any underpayment of Maryland estate tax if the underpayment exceeds $5,000 and is Portability can only be elected on a timely filed estate tax return attributable to a “substantial estate tax valuation of the predeceased spouse whose exclusion is intended to be understatement,” which is defined as a valuation at 60 used, regardless of whether the estate of the predeceased percent or less of the amount determined to be the correct spouse is otherwise required to file a tax return. value. The DSUE amount can only be claimed by surviving spouses who Unpaid tax, interest and penalties, become subject to lien in die on or after January 1, 2019. The DSUE amount cannot favor of the state upon all property and rights to the property exceed $5,000,000 or the amount of the unused basic exclusion belonging to the estate. amount, whichever is less. Reporting of Adjustments: After a Maryland estate tax return How to Elect Portability: has been filed, an amended Maryland estate tax return (Form Nonresident Predeceased Spouses or Predeceased MET 1) shall be filed if the Maryland estate tax liability is Spouses Dying Prior to 1/1/2019 increased because of: To elect portability of the decedent's unused exclusion amount 1. a change in the federal gross estate, federal taxable estate, for the benefit of the surviving spouse, the estate's personal federal estate tax, or other change as determined under the representative must timely file Federal Form 706 and make the Internal Revenue Code; relevant portability election. (No MET-1 is required to be filed if the estate is under the Maryland filing threshold.) 2. after-discovered property; Predeceased Spouses with Maryland Property Dying on 3. a correction to the value of previously reported property; or After 1/1/2019 4. a correction to the amount of previously claimed deductions; To elect portability of the predeceased spouse’s exclusion or amount for 2019 decedents and later, the personal 5. any other correction to a previously filed return. representative of the predeceased spouse must file a timely MET-1 and complete Schedule F, Part I, even if the predeceased The amended return shall be filed within 90 days after the later spouse’s estate is not taxable. Please note, the MET-1 to occur of the date of the event that caused the increase in requirement only applies if the deceased spouse either (a) was the Maryland estate tax liability or the date on which the person a Maryland resident, or (b) property with a Maryland estate tax required to file an amended Maryland estate tax return learned situs was included in the gross estate. As provided in MD Code, or reasonably should have learned of the increase in the Tax - General, § 7-309(b)(9)(ii)2, nonresident predeceased Maryland estate tax liability. Any additional tax, interest and spouses whose gross estates do not include Maryland property penalties determined to be due shall be paid to the Comptroller are subject to the same rules as a pre-2019 deceased spouse. of Maryland at the same time the amended return is filed. How to Claim DSUE on Surviving Spouse’s MET-1: Refund of Excess Payment: If an adjustment results in a Nonresident Predeceased Spouses or Predeceased decrease in the Maryland estate tax, the person responsible for Spouses Dying Prior to 1/1/2019 filing the Maryland estate tax return shall file an amended return Complete Schedule F, Part II and Section IV, Line 8b. You must (Form MET 1) to claim a refund of previously paid Maryland also attach a copy of the predeceased spouse’s Federal Form estate tax. Claims shall be supported with documents required 706. The Federal Form 706 must include a valid portability by the Comptroller. Refunds found to be due shall be paid by the election. Comptroller as provided for in Section 13-901, Tax-General Article, Annotated Code of Maryland. Predeceased Spouses with Maryland Property Dying on For forms, instructions and Administrative Releases #4, or After 1/1/2019 #14 or #30, contact: You must file the MET-1 and complete Schedule F, Part II and Section IV, Line 8b. Comptroller of Maryland Extension of time to file: The Comptroller may extend the time Revenue Administration Division - Estate Tax Unit to file an estate tax return up to 6 months, or if the person P.O. Box 828 required to file the estate tax return is out of the United States, Annapolis, MD 21404-0828 up to 1 year. Phone: (410) 260-7850 An application form, MET 1E must be filed with the Comptroller E-mail: taxhelp@marylandtaxes.gov on or before the statutory due date and should include: a copy Web site: www.marylandtaxes.gov of the federal extension request, Form 4768, if applicable; remittance of the estimated Maryland estate tax; or a request for COM/RAD-101 10 |
Rev. 08/21 FORM MARYLAND ESTATE TAX COM/RAD-101D MET 3 REMITTANCE FORM Mail this form and the tax due to: Comptroller of Maryland, P.O. Box 828, Annapolis, MD 21404-0828 Decedent’s name Social Security number Maryland county or counties in which taxable property is located: Date of death Name and address of contact person Amount remitted $ The tax due must be remitted with this form. COM/RAD-101 11 |