2.4.2 State Inheritance Tax
220.127.116.11 The “clear value” of a revocable trust is used to fix Maryland Inheritance Tax. Sec. 7-201(d)(1)(iii), Tax-General Article, Annotated Code of Maryland.
18.104.22.168.1 “[E]xpenses ordinarily deducible from probate assets to determine clear value for imposition of inheritance tax are likewise deductible from non-probate assets when the instrument creating the non-probate estate expressly provides payment of such expenses.” 81 Op. Attorney Gen. (Op. # 96-008) (1996).
22.214.171.124.2 The Attorney General holds that Maryland real property held by a non-Maryland domiciliary in a trust is taxable in Maryland. 55 Op. Attorney Gen. 361 (1970). See Dept. of State Rev. v. Estate of Pushel, 583 N.E. 20923 (Ind. Tax 1991) for a different approach.