Title 7. Death Taxes — Subtitle 4. Maryland Generation-Skipping Transfer Tax
Statutes in effect as of October 1, 2026.
Md. Code Ann., Tax-Gen. § 7-401 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Federal credit” means:
(1)
the maximum allowable credit for State taxes under § 2604 of the Internal Revenue Code against the federal generation-skipping transfer tax; less
(2)
the amount that bears the same ratio to the maximum allowable credit as the value of the generation-skipping transfer taxable by all other states bears to the total value of the generation-skipping transfer.
(c)
“Federal generation-skipping transfer tax” means the tax imposed by § 2601 of the Internal Revenue Code.
(d)
“Generation-skipping transfer” means a transfer subject to the federal generation-skipping transfer tax.
(e)
“Original transferor” means an individual who makes a transfer of property that results in the imposition of the federal generation-skipping transfer tax.
Md. Code Ann., Tax-Gen. § 7-402 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–402LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a tax is imposed on a generation-skipping transfer that occurs at the same time and as a result of the death of an individual, if:
(1)
the original transferor was a resident of this State on the date of the original transfer; or
(2)
(i)
the original transferor was not a resident of this State on the date of the original transfer; and
(ii)
the generation-skipping transfer includes property having a situs in this State.
(b)
The Maryland generation-skipping transfer tax does not apply to a direct skip, as defined under § 2612 of the Internal Revenue Code.
Md. Code Ann., Tax-Gen. § 7-403 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–403LinkCopy Citation
The Maryland generation-skipping transfer tax is the amount of the federal credit.
Md. Code Ann., Tax-Gen. § 7-404 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–404LinkCopy Citation
The value of property included in a generation-skipping transfer is the same value as determined under Chapter 13 of the Internal Revenue Code.
Md. Code Ann., Tax-Gen. § 7-405 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–405LinkCopy Citation
(a)
The person required to file a federal generation-skipping transfer tax return on which a federal credit is allowable shall complete and file a Maryland generation-skipping transfer tax return with the Comptroller on or before the last day for filing the federal return.
(b)
If, after a person files a Maryland generation-skipping transfer tax return, the federal generation-skipping transfer tax is increased, the person shall complete and file an amended return with the Comptroller when the additional federal tax is paid.
Md. Code Ann., Tax-Gen. § 7-406 (2026)
Title 7. Death Taxes
Subtitle 4. Maryland Generation-Skipping Transfer Tax
§ 7–406LinkCopy Citation
The person required to pay the federal generation-skipping transfer tax shall pay the Maryland generation-skipping transfer tax to the Comptroller on or before the last day for filing a Maryland generation-skipping transfer tax return.