.................... moves to amend H.F. No. 274 as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2010, section 291.005, subdivision 1, is amended to
Subdivision 1. Scope.
Unless the context otherwise clearly requires, the following
terms used in this chapter shall have the following meanings:
(1) "Commissioner" means the commissioner of revenue or any person to whom the
commissioner has delegated functions under this chapter.
(2) "Federal gross estate" means the gross estate of a decedent as required to be
valued and otherwise determined for federal estate tax purposes under the Internal
(3) "Internal Revenue Code" means the United States Internal Revenue Code of
1986, as amended through March 18, 2010, but without regard to the provisions of
sections 501 and 901 of Public Law 107-16.
(4) "Minnesota adjusted taxable estate" means federal adjusted taxable estate as
defined by section 2011(b)(3) of the Internal Revenue Code,
increased by plus
the amount of deduction for state death taxes allowed under section 2058 of
the Internal Revenue Code
1.19(ii) (A) the value of qualified small business property under section 291.03,
1.20subdivision 9, and the value of qualified farm property under section 291.03, subdivision
1.2110, or (B) $4,000,000, whichever is less.
(5) "Minnesota gross estate" means the federal gross estate of a decedent after (a)
excluding therefrom any property included therein which has its situs outside Minnesota,
and (b) including therein any property omitted from the federal gross estate which is
includable therein, has its situs in Minnesota, and was not disclosed to federal taxing
(6) "Nonresident decedent" means an individual whose domicile at the time of
death was not in Minnesota.
(7) "Personal representative" means the executor, administrator or other person
appointed by the court to administer and dispose of the property of the decedent. If there
is no executor, administrator or other person appointed, qualified, and acting within this
state, then any person in actual or constructive possession of any property having a situs in
this state which is included in the federal gross estate of the decedent shall be deemed
to be a personal representative to the extent of the property and the Minnesota estate tax
due with respect to the property.
(8) "Resident decedent" means an individual whose domicile at the time of death
was in Minnesota.
(9) "Situs of property" means, with respect to real property, the state or country in
which it is located; with respect to tangible personal property, the state or country in which
it was normally kept or located at the time of the decedent's death; and with respect to
intangible personal property, the state or country in which the decedent was domiciled
2.17EFFECTIVE DATE.This section is effective for decedents dying after December
Renumber the sections in sequence and correct the internal references
Amend the title accordingly