1
Form MET 1
Rev. 08/19
2019
Revenue Administration Division
P.O. Box 828
Annapolis, MD 21404-0828
MARYLAND ESTATE TAX RETURN
To be used for decedents dying after December 31, 2018 but prior to January 1,
2020 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)
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
Name
Phone number
Address line 1
Address line 2
E-mail address
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
Signed
COM/RAD-101 18-49
Register of Wills
SECTION III
SECTION II
SECTION I
DO NOT WRITE IN THIS AREA
Reference Numbers
Comptroller:
Register:
USE THIS AREA FOR DATE STAMPS
COM/RAD-101
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Form MET 1
Rev. 08/19
Decedent information:
First name Middle name Last name Social Security number
COMPUTATION OF MARYLAND ESTATE TAX
For estates of decedents dying after December 31, 2018 but prior to January 1, 2020.
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. . . . . $ ________________
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
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
SECTION IV
.
Do not write in this
area Comptroller’s
use only
__________________________
.
$ _________________
5,000,000.00
COM/RAD-101
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INSTRUCTIONS - SECTIONS I - IV OF MET 1
For estates of decedents dying after December 31, 2018 but prior to January 1, 2020.
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
decedent.
Section II Enter the information concerning all person(s)
responsible for filing the return.
Enter the information to indicate where
correspondence should be sent. This is the
individual the Comptroller will contact if additional
information is required or if a deficiency/refund
notice is necessary. The person(s) responsible for
filing the return will be contacted in the event the
contact person does not respond or if no contact
person is listed. All person(s) responsible for
filing the return must sign and date the
return.
Section III This section will be completed by the Register of
Wills after the return is received by the Comptroller.
Section IV Computation of Maryland estate tax for estates
of decedents dying after December 31, 2018.
Complete the federal estate tax return, Form 706,
for the year of the decedent's death, regardless of
whether Form 706 is required to be filed with the
Internal Revenue Service.
Include the federal return, complete with all
schedules, attachments and supporting documents
when filing the Maryland estate tax return. The
value of the property of the estate must be based
upon fair market value/appraisals from Certified
Appraisers.
Line 2 Complete Schedule C and enter the value, as
of the decedent’s date of death (or alternate
valuation date, if elected), of Maryland
Qualified Terminable Interest Property (QTIP)
for which an election was previously made on a
Maryland estate tax return filed for the estate
of the decedent’s predeceased spouse. Do not
include QTIP property that is already included
in line 1.
Line 5 If an election for Maryland Qualified Terminable
Interest Property (QTIP) is being made in the
current return, complete Schedule D and enter
the total amount of Maryland QTIP on line 5 of
the Maryland estate tax return.
Note: Do not attempt to make a Maryland
QTIP election on the pro forma Schedule
M of federal Form 706; all Maryland QTIP
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.
Line 13 If the augmented gross estate includes only
Maryland property, enter the lesser of line 9 or
line 10. If the augmented gross estate includes
property in Maryland and outside the state,
enter the lesser of line 9 or 12. The amount
reported on line 13 is the gross Maryland estate
tax liability. This amount must be satisfied
by the due date of the return shown on
page 1 to avoid interest and penalty.
Line 14b Enter the portion of any tax paid to another
state or territory on property included in the
Maryland estate shown on line 26 of Schedule
A. You must provide evidence of payment and
attach your computation of this credit.
Line 16a Enter the total of any payments remitted as
estimated payments with a filing extension or
payments remitted in advance of the filing of
the return.
Line 16b Enter the total Maryland estate tax paid with
previously filed returns.
Line 18 Interest is assessed on any portion of the
Maryland estate tax liability (line 13) that is not
satisfied by the statutory due date on page 1 of
the return. See Administrative Release #14 for
the current interest rates. Interest is calculated
from the due date to the date of payment.
Line 19 Late payment penalty of up to 10 percent is
assessable on any portion of the Maryland
estate tax (line 15) that is not satisfied by the
statutory due date on page 1 of the return. A
25 percent non-compliance penalty is assessed
for failure to comply with a notice and demand
for the filing of the return within the time
prescribed. A penalty of 25 percent of the
amount of the underpayment of tax is assessed
where the underpayment is attributable to any
substantial estate tax valuation understatement
and where the underpayment is greater than
$5,000.
Line 20-22 Add lines 17, 18 and 19 and enter the total
on line 20. If the total is a balance due, enter
on line 22 and remit to the Comptroller with
the remittance advice form. If the total is an
overpayment, enter on line 21 the amount
refundable. This may not exceed the total
amount previously paid to the Comptroller.
COM/RAD-101
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Form MET 1
Schedule A
Rev. 08/19
Decedent information:
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 but prior to January 1, 2020.
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
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Form MET 1
Schedule B
Rev. 08/19
Decedent information:
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 but prior to January 1, 2020.
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......................................................... $
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.
1
2. 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 ....................................................................... $
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........................ $
COM/RAD-101
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Form MET 1
Schedule C
Rev. 08/19
Decedent information:
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.
Item Letter
Description of Maryland Qualified Terminable Interest Property
Amount
(Fair Market Value)
1. TOTAL (include on Line 2, Section IV of Maryland estate tax return) ........................................................ $
COM/RAD-101
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Form MET 1
Schedule D
Rev. 08/19
Decedent information:
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, 2018 but prior to January 1, 2020.
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.
Item Letter
Description of Maryland Qualified Terminable Interest Property
Amount
(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 18-49
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Form MET 1
Schedule F
Rev.
08/19
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 po
rtabili
ty el
ecti
o
n
. This
is the amount claimed to be passed to
the surviving spouse.
1.
Exclusion amount for 2019 decedent.
2.
Enter the amount from Section IV, Line 7 of the MET-1 here.
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
$ 5,000,000.00
2
3
Decedent information:
First name Middle name Last name Social Security number
$
$
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.
2.
Enter the tentative taxable estate amount for predeceased spouse. (MET-1 Section IV, Line 7 or
Federal Form 706, Line 3a).
3.
Subtract Line 2 from Line 1. Enter this amount on line Section IV, Line 8b.
4. Multiply Line 3 by 40%
1
2
3
4
$
$
$
$
COM/RAD-101
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GENERAL INSTRUCTIONS
For estates of decedents dying after December 31, 2018 or before January 1, 2020.
When the Form MET 1 must be filed: A Maryland estate tax
return (Form MET 1) must be filed where the federal gross
estate plus adjusted taxable gifts plus, property for which a
Maryland QTIP election was previously made on a Form MET 1
filed for the estate of the decedent’s predeceased spouse equals
or exceeds $5,000,000, and the decedent at the date of death
was:
1. A resident of the State of Maryland or
2. A nonresident of the State of Maryland whose estate
includes any interest in real property permanently located
in this State; or tangible personal property that has a
taxable situs in this State.
The Maryland estate tax return must be filed within nine months
after the date of death of the decedent, even if the federal estate
tax return (IRS Form 706) is not required to be filed with the
Internal Revenue Service.
Who must file Form MET 1: The duly appointed personal
representative shall file the return. If there is more than one
personal representative, the return must be made jointly by all.
If there is no personal representative appointed, every person in
actual or constructive possession of any property of the
decedent is required to make and file a return.
Where to file return: The Maryland estate tax return is filed
directly with the Comptroller. Mail the estate tax return and
payment to:
Comptroller of Maryland
Revenue Administration Division - Estate Tax Unit
P.O. Box 828
Annapolis, MD 21404-0828
What to include with the return: When filing the Maryland
estate tax return, include Maryland Schedule A if applicable,
Maryland Schedule B, Maryland Schedule C if applicable, and
Maryland Schedule D if applicable. In addition to the Maryland
schedules, you must complete and submit the following
documentation:
Fully complete federal estate tax return, Form 706, with
special attention to the following:
Part 1
Attach a copy of the Letters of Administration.
If decedent died testate, check box on line 8 and attach a
copy of the Last Will & Testament and any codicils
thereto.
Part 2
Report adjusted taxable gifts on line 4.
Attach Form 709, Gift Tax Return, covering gifts made
within 1 year of the decedent’s death.
Part 4
Fully complete and attach any necessary supplemental
documents or schedules per Part 4.
Attach the death certificate.
Attach trust documents where decedent was a grantor
or possessed a power, beneficial interest, or trusteeship.
Include any amendments or restatements.
Attach power of appointment instruments.
Part 5
Make an entry on every line of the Recapitulation, even if
it is zero.
Schedule F
Completed Schedule F must be filed with all returns.
Schedule M
Fully complete Schedule M, including items 1-3 and all
subsections, if there is a surviving spouse. Schedule M
should be completed even if marital deduction property
was reported according to the special rule of Reg. Section
20.2010(a)(7)(ii).
NOTE: If you are not required to file a federal estate tax
return with the IRS but are required to file a Maryland
estate tax return, attach a copy of the pro forma federal
Form 706 prepared, with scheduled and supporting
documentation, as though a federal return was required.
Copies of all disclaimers
Date of death account statements (bank, investment,
retirement, etc.)
All appraisals used to value property included on Form
706 including, but not limited to, real property and
collections of personal property valued at over $3,000.
Form 712, Life Insurance Statement, for any policies
of life insurance reported on Form 706, even if its value is
not included in the estate.
Proof of the extent, origin, and nature of the decedent’s
interest and the interest(s) of the decedent’s co-tenant(s)
for all property reported on Schedule E, Part 2 at less than
its full value.
Detailed breakdown of miscellaneous expenses
Date of death mortgage statements
Promissory Notes
Copies of any documents directing a charitable transfer
reported on Schedule O.
This list is not meant to be exhaustive, but highlights specific
lines and supporting documents that are often overlooked.
Failure to provide these documents with the return will delay
processing.
Tips for faster processing of Maryland Estate Tax returns
with no tax liability:
As a result of the marital deduction/Maryland QTIP, please flag
the following pages of the filing:
Form MET-1, page 2;
Form MET-1, Schedule D, if a QTIP election is being made;
Form 706, page 2; and
Form 706, Schedule M. Please also ensure that items 1-3
and all subsections are complete.
As the result of charitable deductions, please flag the following
pages of the filing:
Form 706, page 3;
Form 706, Schedule O; and
The relevant page of the will, trust, or other documentation
designating the charitable beneficiary or otherwise
authorizing the charitable donation.
Alternate Valuation: Regarding an election to value property
as provided in §2032 of the Internal Revenue Code, if a federal
estate tax return is not required to be filed with the Internal
Revenue Service, an irrevocable election made on a timely filed
Maryland estate tax return shall be deemed to be an election as
required by §2032(d) of the Internal Revenue Code. In such
cases, the provisions of §2032(c) of the Internal Revenue Code
do not apply. An election may not be made unless that election
will decrease the value of the gross estate, and the Maryland
estate tax due regarding the transfer of a decedent’s Maryland
estate. Report an election for alternate valuation of property by
entering a check mark in the appropriate box on the front page
of the Maryland estate tax return, and by reporting the same
on the pro forma 706 filed with the MET 1. You must attach all
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of the required statements and appraisals. In cases in which a
federal estate tax return is filed with the Internal Revenue
Service, an election for alternate valuation property for
Maryland estate tax purposes must be the same as the election
made for federal estate purposes.
Maryland Qualified Agricultural Property (QAP) Exclusion:
To elect to exclude up to $5,000,000 of the value of qualified
agricultural property from the value of the gross estate and
benefit from a tax rate not to exceed 5% of the value of such
property exceeding $5,000,000, certain forms must be filed with
the Comptroller as attachments to the Maryland Estate Tax
Return. To request these forms, please call the Estate Tax Unit at
(410) 260-7850.
Portability of the Maryland Deceased Spousal Unused
Exclusion (DSUE): Portability provides that any unused basic
exclusion amount that remains at the death of the last deceased
spouse (called the “deceased spousal unused exclusion
amount”) may be used by the surviving spouse, in addition to
the surviving spouse’s own exclusion. The last deceased spouse
is the most recently deceased person who was married to the
surviving spouse at the time of the surviving spouse’s death.
All portability elections must be made in accordance with MD
Code, Tax - General, § 7-309.
Portability can only be elected on a timely filed estate tax return
of the predeceased spouse whose exclusion is intended to be
used, regardless of whether the estate of the predeceased
spouse is otherwise required to file a tax return.
The DSUE amount can only be claimed by surviving spouses
who die on or after January 1, 2019. The DSUE amount cannot
exceed $5,000,000 or the amount of the unused basic exclusion
amount, whichever is less.
How to Elect Portability:
Nonresident Predeceased Spouses or Predeceased
Spouses Dying Prior to 1/1/2019
To elect portability of the decedent's unused exclusion
amount for the benefit of the surviving spouse, the
estate's personal representative must timely file Federal
Form 706 and make the relevant portability election. (No
MET-1 is required to be filed if the estate is under the
Maryland filing threshold.)
Predeceased Spouses with Maryland Property
Dying on or After 1/1/2019
To elect portability of the predeceased spouse’s exclusion
amount for 2019 decedents and later, the personal
representative of the predeceased spouse must file a
timely MET-1 and complete Schedule F, Part I, even if the
predeceased spouse’s estate is not taxable. Please note,
the MET-1 requirement only applies if the deceased
spouse either (a) was a Maryland resident, or (b)
property with a Maryland estate tax situs was included in
the gross estate. As provided in MD Code, Tax - General,
§ 7-309(b)(9)(ii)2, nonresident predeceased spouses
whose gross estates do not include Maryland property are
subject to the same rules as a pre-2019 deceased
spouse.
How to Claim DSUE on Surviving Spouse’s MET-1:
Nonresident Predeceased Spouses or Predeceased
Spouses Dying Prior to 1/1/2019
Complete Schedule F, Part II and Section IV, Line 8b. You
must also attach a copy of the predeceased spouse’s
Federal Form 706. The Federal Form 706 must include a
valid portability election.
Predeceased Spouses with Maryland Property
Dying on or After 1/1/2019
You must file the MET-1 and complete Schedule F, Part II
and Section IV, Line 8b.
Extension of time to file: The Comptroller may extend the time
to file an estate tax return up to 6 months, or if the person
required to file the estate tax return is out of the United States,
up to 1 year.
An application form, MET 1E must be filed with the
Comptroller on or before the statutory due date and should
include: a copy of the federal extension request, Form 4768, if
applicable; remittance of the estimated Maryland estate tax; or a
request for an alternative payment schedule. See Administrative
Releases #4 and #30 for additional instructions.
When and Where to pay the tax: The Maryland estate tax is
payable to the Comptroller of Maryland nine months from the
date of death. The check should be mailed directly to the
Comptroller of Maryland, Revenue Administration Division, P.O.
Box 828, Annapolis, Maryland 21404-0828 with the remittance
form MET 3 that is included in the return package. The
Comptroller may allow an alternative payment schedule for the
Maryland estate tax in the form of a payment deferral or
installment payment plan. See Administrative Release #30 for
specific procedures.
Interest, Penalties and Liens: Interest will accrue at the
statutory rate on unpaid Maryland estate tax from the due date
of the return to the date of actual payment. See Administrative
Release #14 for current rates. Penalties are provided by statute
for:
1. failure to pay the tax when due - up to 10 percent; and
2. failure to comply with Notice and Demand - 25 percent; and
3. substantial estate tax valuation understatement - a 25
percent penalty applies to any underpayment of Maryland
estate tax if the underpayment exceeds $5,000 and is
attributable to a “substantial estate tax valuation
understatement, which is defined as a valuation at 60
percent or less of the amount determined to be the correct
value.
Unpaid tax, interest and penalties, become subject to lien in
favor of the state upon all property and rights to the property
belonging to the estate.
Reporting of Adjustments: After a Maryland estate tax return
has been filed, an amended Maryland estate tax return (Form
MET 1) shall be filed if the Maryland estate tax liability is
increased because of:
1. a change in the federal gross estate, federal taxable estate,
federal estate tax, or other change as determined under the
Internal Revenue Code;
2. after-discovered property;
3. a correction to the value of previously reported property;
4. a correction to the amount of previously claimed deductions;
or
5. any other correction to a previously filed return.
The amended return shall be filed within 90 days after the later
to occur of the date of the event that caused the increase in
the Maryland estate tax liability or the date on which the person
required to file an amended Maryland estate tax return learned
or reasonably should have learned of the increase in the
Maryland estate tax liability. Any additional tax, interest and
penalties determined to be due shall be paid to the Comptroller
of Maryland at the same time the amended return is filed.
Refund of Excess Payment: If an adjustment results in a
decrease in the Maryland estate tax, the person responsible for
filing the Maryland estate tax return shall file an amended return
(Form MET 1) to claim a refund of previously paid Maryland
estate tax. Claims shall be supported with documents required
by the Comptroller. Refunds found to be due shall be paid by the
Comptroller as provided for in Section 13-901, Tax-General
Article, Annotated Code of Maryland.
For forms, instructions and Administrative Releases #4,
#14 or #30, contact:
Comptroller of Maryland
Revenue Administration Division
Estate Tax Unit
P.O. Box 828
Annapolis, MD 21404-0828
Phone: (410) 260-7850
E-mail: taxhelp@comp.state.md.us
Web site: www.marylandtaxes.gov
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FORM
MET 3
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.
MARYLAND ESTATE TAX
REMITTANCE FORM
Rev. 08/19
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