An Act To Recouple Maine Estate Tax with Federal Estate Tax
Maine Legislature, Session 123, LD 1556
Committee: Taxation
Sponsors: KNIGHT, HASTINGS, TURNER, PERRY, CHASE, CLARK, HOTHAM, PIOTTI, SILSBY, SIROIS, WOODBURY, NASS
Amends: 36 MRSA §4062, 36 MRSA §4068

Legislative Document 
No. 1556 
H.P. 1081 
House of Representatives, March 20, 2007 
An Act To Recouple Maine Estate Tax with Federal Estate Tax 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representative KNIGHT of Livermore Falls. 
~~frl.1Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senators: HASTINGS of Oxford, TURNER of Cumberland, Senator PERRY 
of Penobscot and Representatives: CHASE of Wells, CLARK of Millinocket, HOTHAM of 
Dixfield, PIOTTI of Unity, SILSBY of Augusta, SIROIS of Turner, WOODBURY of 
Yarmouth, Senator: NASS of York. 
Pnnled on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 36 MRSA §4062, sub-§l-A, ~A, as repealed and replaced by PL 2005, c. 
12, Pt. N, § 1 and as affected by §4, is amended to read: 
A. For the estates of decedents dying after December 31, ~ 
2006, "federal credit" 
means the maximum credit for state death taxes determined under the Code, Section 
2011 as of December 31, ~ 
2006 exclusive of the reduction of the maximum 
credit contained in the Code, Section 2011 (b )(2); the period of limitations under the 
Code, Section 2011(c); and the termination provision contained in the Code, Section 
2011(1). The federal taxable estate is to be determined using the applicable Code as of 
the date of the decedent's death, except that: 
(1) The state death tax deduction contained in the Code, Section 2058 is to be 
disregarded; and 
(2) The I:lRifieEl ereElit is to ee EletermiReEl .mEler the CoEle, SleetioR 2010 as of 
DeeeA'leer 31, 2000; 
(3) For the estates of EleeeEleRts EI)'iRg after DeeeA'leer 31, 2004, the feEleral 
taKaele estate A'll:lst ee EleereaseEl ey aR aA'lOllRt eqllal to the vallie of MaiRe 
ql:lalifieEl termiRaele iRterest propert)' iR the estate of the EleeeEleRt; aREI 
(4) For the estates of EleeeEleRts ElyiRg after Deeemeer 31, 2004, the feEleral 
taKaele estate ml:lst ee iRereaseEl ey aR amOI:lRt eqllal to the vall:le of MaiRe 
eleetive propert)' iR respeet of the EleeeE!eRt; aRE! 
Sec. 2. 36 MRSA §4062, sub-§2-A, as amended by PL 2005, c. 622, § 15, is 
repealed. 
Sec. 3. 36 MRSA §4062, sub-§2-B, as amended by PL 2005, c. 622, § 16, is 
repealed. 
Sec. 4. 36 MRSA §4068, sub-§3, as amended by PL 2005, c. 218, §43, is further 
amended to read: 
3. No tax liability. In all cases where a Maine estate tax return is not required to be 
filed.,. , the personal representative, surviving joint tenant of real estate or any other person 
whose real estate might be subject to a lien for taxes pursuant to this chapter may at any 
time file with the assessor in the form prescribed by the assessor a statement of the value 
of the federal gross estate. 
A. 
If the persoRal represeRtative mal .. es RO eleetioR pllrsllaRt to seetioR 4062, 
slleseetioR 2 S, the persoRal represeRtative, sllrviviRg jOiRt teRaAt of real estate or aAY 
other persoA whose real estate might ee sl:lejeet to a lieR for ta><es pllrsllaRt to this 
ehapter mR)' at aRY time file with the assessor iR the form preserieeEl ey the assessor a 
statemeRt of the vall:le of the feEleral gross estate; aREI 
B. 
If the persoRal represeRtati,<e makes aR eleetioR pl:lrSllaRt to seetioR 4062, 
sl:leSeetioR 2 S, the persoRal represeRtati'le shall mal .. e slleh eleetioR OR a tiA'lel)' fileEl 
retl:lffl:. The retl:lffl: ml:lst ee iR the form preserieeEl ey the assessor aREI it A'lllSt ee 
I 
accompanied b;' a copy of the federal estate tax return, if any, and other supporting 
documentation that the assessor may require, including documentation related to an 
election made pursuant to section 4062, subsection 2 B. 
Sec. 5. Application. This Act applies to the estates of decedents dying on or after 
January 1,2007: 
SUMMARY 
This bill amends the Maine estate tax to conform to the federal estate tax, beginning 
January 1,2007.