Massachusetts Law Requires Experts Appraisals to be Filed with Estate Tax Return
EmplMassachusetts Administrative Code830 CMR. DEPARTMENT OF REVENUE
830 CMR 65C.00. MASSACHUSETTS ESTATE TAX
§ 65C.1.1. Administrative Provisions for Estate Tax
(1) General. This regulation, 830 CMR 65C.1.1, applies to estates of decedents dying on or after January 1, 1986, and does not apply to estates of decedents dying before January 1, 1986. Chapter 711 of the Acts of 1985 substantially revised the Massachusetts estate tax law. This regulation, 830 CMR 65C.1.1, explains the provisions of the estate tax law, M.G.L. c. 65C, as amended.
The Massachusetts estate tax is a transfer tax imposed on the value of all property in the estate of a decedent at the date of death. It applies to estates of decedents who are Massachusetts residents at the date of death. It also applies to estates of nonresident decedents who own real and tangible personalproperty located in Massachusetts at the date of death and estates of decedents domiciled outside of the United States who own real, tangible, or intangibleproperty located in Massachusetts at the date of death.
The Massachusetts estate tax generally is based upon the United States Internal Revenue Code (Code), as amended and in effect on January 1, 1975. Later amendments to the federal estate tax law do not apply, except where federal provisions are specifically incorporated by M.G.L. c. 65C.
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c. Other relevant documents. Where applicable, an executor may be required to file other relevant documents with a Massachusetts estate tax return, including but not limited to the following:
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v. Expert appraisals. If a decedent at date of death owned real estate in Massachusetts, the Commissioner may require that the executor file a real estateappraisal by an expert to substantiate the fair market value. If a decedent at date of death owned tangible property (e.g., antiques, boats, cars, coins, jewelry, paintings, silver, stamps) where the value of one item is more than $3,000 or any collection of similar items is more than $10,000, the executor must file a copy of the federal determination of value, if any. If there is no federal valuation, the Commissioner may require that the executor file an appraisal by an expert. See Treas. Reg. § 20.2031-6.
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