MN HF3756

Amends Minnesota Statutes 2008, section 289A.10, subdivision 1 to require personal representatives to submit a Minnesota estate tax return to the commissioner if a federal estate tax return is required or if the federal gross estate exceeds specified thresholds ($700,000 for estates of decedents dying after December 31, 2001 and before January 1, 2004; $850,000 for 2003-2005; $950,000 for 2004-2006; $1,000,000 for 2005 and after).

Defines key terms for Minnesota estate tax purposes including "commissioner," "federal gross estate," "Internal Revenue Code," "Minnesota adjusted taxable estate," "Minnesota gross estate," "nonresident decedent," "personal representative," "resident decedent," and "situs of property."

Provides construction rules for wills and trust agreements of decedents dying between December 31, 2009 and January 1, 2011 that reference federal tax terms, deeming such references to apply to the federal estate tax laws as they existed on December 31, 2009.

Allows personal representatives, trustees, or interested persons to bring proceedings to determine whether a decedent intended a formula or provision be construed according to pre-January 1, 2011 law, with proceedings to be commenced by December 31, 2011.

Effective date of January 1, 2010 for Section 3 (construction rules for certain formula clauses); December 31, 2005 for Section 1 (return requirements).