1. (a) The person responsible for paying the inheritance tax may elect to value real property, for purposes of the inheritance tax:

   1. (1) at its most recent real property assessment plus any inflation allowance if, for the 5 years immediately before the date of the death of the decedent, the real property qualifies under § 8-209 or § 8-211 of the Tax-Property Article as farmland or woodland; or
   2. (2) based on its actual use on the date of the decedent's death if the real property qualifies as National Register property by a listing in the National Register of Historic Places, whether as a separate property or as a part of a listed district.

2. (b)

   1. (1) To elect a valuation under subsection (a) of this section, the person responsible for paying the inheritance tax shall file with the register a statement that:

      1. (i) contains a written election of a valuation under subsection (a) of this section, in the form and manner that the Comptroller requires; and
      2. (ii) describes the qualifying real property in reasonable detail, including its fair market value.

   2. (2) The statement shall be filed:

      1. (i) with the administration account that affects the distribution of the qualifying real property; or
      2. (ii) if the qualifying real property is not subject to formal administration, with the report or inventory required under § 7-224 or § 7-225(c) or (d) of this subtitle.

Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1996, c. 367, § 1, eff. July 1, 1996; Acts 2001, c. 366, § 1, eff. July 1, 2001.

Formerly Art. 81, § 154.