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§ 7-210. Subsequent interest in property

West's Annotated Code of MarylandTax-General

West's Annotated Code of Maryland
Tax-General (Refs & Annos)
Title 7. Death Taxes (Refs & Annos)
Subtitle 2. Inheritance Tax (Refs & Annos)
Part II. Valuation of Property that Passes from Decedent (Refs & Annos)
MD Code, Tax - General, § 7-210
§ 7-210. Subsequent interest in property
Currentness
Application to prepay tax is filed
(a)(1) If an application to prepay inheritance tax for a subsequent interest in property is filed under § 7-219 of this subtitle, the value of the subsequent interest is determined by subtracting the value of all preceding and concurrent interests from the value of the whole property.
(2) The total inheritance tax on all interests in the property valued shall equal the inheritance tax that would have been due if an absolute interest in the property passed from the decedent.
Interest vests in nonapplicant
(b)(1) If a subsequent interest in property ultimately vests in possession in a person other than the person by or for whom an application to prepay the inheritance tax was filed under § 7-219 of this subtitle and if the inheritance tax determined under the prepayment application was paid:
(i) the subsequent interest shall be revalued when it vests in possession; and
(ii) the inheritance tax due on the subsequent interest shall be redetermined based on the value of the interest when it vests in possession and on the relationship of the original decedent to the person in whom the interest ultimately vests in possession.
(2) A deduction from the inheritance tax calculated under paragraph (1)(ii) of this subsection for prepaid inheritance tax on the interest shall be allowed.
No application to prepay tax is filed or no tax paid
(c)(1) If an application to prepay the inheritance tax for a subsequent interest is not filed in accordance with § 7-219 of this subtitle or if the inheritance tax determined for the subsequent interest under a prepayment application is not paid when due under § 7-217(d) of this subtitle:
(i) the whole property shall be valued when the subsequent interest vests in possession;
(ii) the value of the subsequent interest shall be valued when it vests in possession in the manner stated in subsection (a) of this section; and
(iii) the inheritance tax due on the subsequent interest shall be determined based on the value of the interest when it vests in possession and on the relationship of the original decedent to the person in whom the interest ultimately vests in possession.
(2) A deduction for inheritance tax previously paid on any interest in the property may not be allowed.
Applicants pay different rates
(d)(1) If the inheritance tax applies to 1 or more of the persons by or for whom an application to prepay the inheritance tax is filed under § 7-219 of this subtitle and the exemption under § 7-203(b) of this subtitle applies to others, the inheritance tax applies to the subsequent interest.
(2)(i) On application of a party in interest, the inheritance tax due may be apportioned among the persons by or for whom the application to prepay the inheritance tax is filed.
(ii) After the apportionment, each of those persons is responsible only for the amount of the inheritance tax apportioned to that person.

Credits

Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 2001, c. 366, § 1, eff. July 1, 2001.
Formerly Art. 81, § 161.
MD Code, Tax - General, § 7-210, MD TAX GENERAL § 7-210
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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