Leo J. Cushing, Esq., CPA, LL.M’s Post

For years, the instructions to the Massachusetts estate tax return, the MDOR estate tax guide, and the Massachusetts estate tax statute Chapter 65C have failed to acknowledge that the imposition of an estate tax on non-Massachusetts real estate was unconstitutional despite the fact the MDOR conceded its unconstitutionality in Dassori v. Comm’r of Revenue, No. MI14E0042GC, (Middlesex County Prob. & Fam. Ct, June 30, 2016). It now appears that the legislature has finally given up their attempts to tax non-Massachusetts real estate, as last week General Laws Chapter 65C § 2A was amended to specifically exclude non-Massachusetts real estate from the Massachusetts decedent's estate for the purposes of calculating the Massachusetts estate tax. 2023 MA H 4799. The statute goes even further to make this amendment effective for deaths occurring on or after January 1, 2023, which means estates that included non-Massachusetts property in their return may be entitled for a refund.  If you have any questions on these new estate tax developments or how to handle a claim for a refund, please contact our office and we would be happy to assist you.

Antoinette Clement

Paralegal at Estate & Elder La

2mo

Love this!

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Seb Popa

Business Growth Consultant for Local Businesses

2mo

Interesting, Leo. Appreciate the update! 👌

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Richard Bergeron, CFP®, ChFC®

Experienced financial services professional helping clients pursue and protect their financial aspirations

3mo

Great advice Leo! So glad to work with Todd Lutsky and your high quality firm. Thank you for this information!

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