Decoupling from federal estate tax changes
Language based on law enacted in Rhode Island:
For decedents whose death occurred on or after January 1, 2002, a tax is imposed upon the transfer of
the net estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. Section 2011 as it was in effect as of January 1, 2001, provided, however, any scheduled increase in the unified credit provided in 26 U.S.C. Section 2010 in effect on January 1, 2001 or thereafter shall not apply.
Language based on law enacted in North Carolina:
The amount of the estate tax imposed by this section for estates of decedents dying on or after January 1,
2002, is the maximum credit for state death taxes allowed under section 2011 of the Code without regard to the phase-out of that credit under subdivision (b) (2) of that section.
Language based on law enacted in Maryland:
(a) Notwithstanding an Act of Congress that repeals or reduces the federal credit under § 2011 of the
Internal Revenue Code, the provisions of this subtitle in effect before the passage of the Act of Congress
shall apply with respect to a decedent who dies after the effective date of the Act of Congress so as to
continue the state estate tax in force without reduction in the same manner as if the federal credit had
not been repealed or reduced.
(b)(1) Except as provided in paragraph (2) of this subsection, after the effective date of an Act of Congress
described in subsection (a) of this section, the state estate tax shall be determined using:
(i) the federal credit allowable by § 2011 of the Internal Revenue Code as in effect before the reduction or
repeal of the federal credit pursuant to the Act of Congress; and
(ii) other provisions of federal estate tax law, including the applicable unified credit allowed against the
federal estate tax, as in effect on the date of the decedent’s death.
(2) If the federal estate tax is not in effect on the date of the decedent’s death, the Maryland estate tax
shall be determined using:
(i) the federal credit allowable by § 2011 of the Internal Revenue Code as in effect before the reduction or
repeal of the federal credit pursuant to the Act of Congress; and
(ii) other provisions of federal estate tax law, including the applicable unified credit allowed against the
federal estate tax, as in effect on the date immediately preceding the effective date of the repeal of the
federal estate tax.