Proposed Changes to the Massachusetts Estate Tax

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By, Kerry Reilly, Esq.

On January 15, 2015, Representative Shawn Dooley ((R), 9th Norfolk), et al., sponsored H.R. 2489 (replacing current Section 2A under Mass. Gen. Laws Chapter 65C). A hearing on the bill took place on October 20, 2015. This bill would, among other things:

  1. Repeal the current Massachusetts estate tax threshold of $1,000,000 and tie that threshold to “50 percent of the basic exclusion amount as defined in Section 2010 of the [Internal Revenue] Code” for those individuals dying on or after January 1, 2016.
  2. Allow for the exclusion of the principal residence from the Massachusetts gross estate provided the decedent was a resident of Massachusetts at the time of his/her death. The definition of “Massachusetts gross estate” has been changed to include this election.
  3. Allow the surviving spouse to apply the deceased spouse’s unused exclusion amount to his/her gross estate.   This would bring the Massachusetts estate tax exclusion in line with Federal tax laws allowing portability of estate tax exclusions between spouses.
  4. The”principal residence” and DSUEA elections would be made by the decedent’s Personal Representative on the decedent’s Massachusetts estate tax return.
  5. Lastly, the proposed bill would also simplify the tax table used to determine the Massachusetts estate tax liability, as follows:
If the Massachusetts taxable estate is: Over………… But Not OverThe Massachusetts estate tax
shall be:
$0 – $5,000,00010% of the taxable estate
$5,000,000 – $10,000,000$500,000 plus 11% of the excess over $5,000,000
$10,000,000 – $20,000,000$1,050,000 plus 12% of the excess over $10,000,000
$20,000,000+$2,250,000 plus 13% of the excess over $20,000,000

As of October 29th, no additional action has been taken with respect to this proposed bill.

The full text of the proposed bill can be found here: