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