Maryland Tax - General Section 7-211

Article - Tax - General

§ 7-211.

      (a)      The person responsible for paying the inheritance tax may elect to value real property, for purposes of the inheritance tax:

            (1)      at its most recent real property assessment plus any inflation allowance if, for the 5 years immediately before the date of the death of the decedent, the real property qualifies under § 8-209 or § 8-211 of the Tax - Property Article as farmland or woodland; or

            (2)      based on its actual use on the date of the decedent's death if the real property qualifies as National Register property by a listing in the National Register of Historic Places, whether as a separate property or as a part of a listed district.

      (b)      (1)      To elect a valuation under subsection (a) of this section, the person responsible for paying the inheritance tax shall file with the register a statement that:

                  (i)      contains a written election of a valuation under subsection (a) of this section, in the form and manner that the Comptroller requires; and

                  (ii)      describes the qualifying real property in reasonable detail, including its fair market value.

            (2)      The statement shall be filed:

                  (i)      with the administration account that affects the distribution of the qualifying real property; or

                  (ii)      if the qualifying real property is not subject to formal administration, with the report or inventory required under § 7-224 or § 7-225(c) or (d) of this subtitle.



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