Current through 2024-51, December 18, 2024
Section 125-603-.07 - SOURCINGA.Real property. Real property is sourced to the taxing jurisdiction in which it is physically located, regardless of whether the decedent was a Maine resident or nonresident on the date of the decedent's death.B.Tangible personal property. Tangible personal property is sourced to the taxing jurisdiction in which it was situated at the date of the decedent's death. If an item of tangible personal property is temporarily situated in a taxing jurisdiction for repair or other temporary purpose, that item will be sourced to the taxing jurisdiction to which it is intended to be located after such repair or purpose.C.Intangible property. Intangible property is sourced to the taxing jurisdiction of the decedent's domicile as of the date of the decedent's death. Intangible property includes, but is not limited to, bank accounts, stocks, bonds, brokerage and other cash accounts, except as otherwise provided by this rule.D.Gifts. Taxable gifts made by the decedent within one year prior to death included in the decedent's estate by 36 M.R.S. §4102(7) are sourced consistent with .07(A), (B) and (C) above and (E) below on the date the gift was made.E.Real or tangible personal property owned by a pass-through entity in the estate of a nonresident. For estates of nonresidents, when real or tangible personal property is owned by a pass-through entity, the entity must be disregarded and the property must be treated as personally owned by the decedent where the entity does not actively carry on a business for the purpose of profit and gain; the ownership of the property in the entity was not for a valid business purpose; or the property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this State within the decedent's adjusted federal gross estate. The Assessor will determine whether the transfer was for a valid business purpose by looking at the economic realities of the transfer. Tax avoidance is not considered a valid business purpose.18-125 C.M.R. ch. 603, § .07