Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 62, § 9

Estates of deceased persons

Official textmalegislature.gov

Section 9. Estates of deceased persons, if assessed within the time limited by section twenty-six of chapter sixty-two C, shall be subject to the taxes imposed by this chapter upon all income received by such persons during their lifetime, except that estates of deceased persons who were nonresidents at the time of their death shall be subject only to the taxes imposed by section five A.

The income received by the estates of deceased residents shall be subject to all the taxes imposed by this chapter to the extent that the persons to whom such income is payable, or for whose benefit it is accumulated are residents of the commonwealth; provided, however, if the income received by such estates would be subject to taxation under section five A if received by a nonresident, such income shall be taxable regardless of whether or not the persons to whom such income is payable or for whose benefit it is accumulated are residents or nonresidents of the commonwealth. The income received by the estates of deceased non-residents shall be taxed at the same rate and in the same manner as provided in section five A, and subject to the same exemptions and deductions. Such income shall include as and when received by the executor or administrator all income taxable under this chapter which would have been taxable to the decedent if he had survived to receive it, and the taxes upon such income as shall have become a part of the corpus of his estate under the rules of probate accounting, may be charged against principal in any accounting made by the executor or administrator. All taxes under this section shall be assessed to the executor or administrator and before the appointment of an executor or administrator said taxes may be assessed in general terms to the estate of the deceased and the executor or administrator subsequently appointed shall be liable for the taxes so assessed as though they were assessed to him. No person shall be taxed under this chapter for income received from any executor or administrator which income has itself been taxed under this section.

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In this chapter (40 sections)
  1. 62-5B · Repealed, 1973, 723, Sec. 2
  2. 62-5C · Taxation of unincorporated homeowners' association
  3. 62-6 · Credits
  4. 62-6A-6B · Repealed, 1971, 555, Sec. 5
  5. 62-6C · Massachusetts State Election Campaign Fund; voluntary…
  6. 62-6D · Natural Heritage and Endangered Species Fund; contributions
  7. 62-6E · Organ Transplant Fund; voluntary contributions
  8. 62-6F · Gross income; determination of capital gains; basis of property
  9. 62-6G · Massachusetts State Public Health HIV and Hepatitis fund;…
  10. 62-6H · Massachusetts United States Olympic Fund; voluntary…
  11. 62-6I · Low-income housing tax credit
  12. 62-6J · Massachusetts historic rehabilitation tax credit
  13. 62-6K · Refunds and contributions credited to Massachusetts Military…
  14. 62-6L · Application and refund of certain credits under Sec. 6;…
  15. 62-6M · Contribution of refund to Homeless Animal Prevention and Care…
  16. 62-6N · Repealed, 2012, 224, Sec. 41A
  17. 62-6O · Massachusetts homeownership tax credit; application; amount…
  18. 62-7 · Repealed, 1979, 409, Sec. 4
  19. 62-7A-7B · Repealed, 1971, 555, Sec. 5
  20. 62-8 · Repealed, 2008, 173, Sec. 19
  21. 62-9 · Estates of deceased persons
  22. 62-10 · Income from trust estates; deductions
  23. 62-10A · Qualified funeral trusts
  24. 62-11 · Income received from nonresident trustee
  25. 62-11A · Income from pooled income funds and charitable remainder…
  26. 62-11B · Pooled income funds and charitable remainder annuity trusts or…
  27. 62-12-12A · Repealed, 2004, 262, Sec. 16
  28. 62-13 · Application of sections to all fiduciaries
  29. 62-14 · Applicability to corporate trustees
  30. 62-15 · Duties of corporate trustees
  31. 62-16 · Agreement as to total tax due from trustees
  32. 62-17 · Partners subject to tax; distributive shares; partners'…
  33. 62-17A · Taxation of shareholders of S corporations
  34. 62-18 · Repealed, 1976, 415, Sec. 100
  35. 62-19 · Repealed, 2008, 173, Sec. 22
  36. 62-20-21 · Repealed, 1966, 698, Sec. 18
  37. 62-21A · Repealed, 1938, 489, Sec. 8
  38. 62-22-to-24 · Repealed, 1976, 415, Sec. 100
  39. 62-25 · Individuals, fiduciaries and estates subject to tax
  40. 62-25A · Repealed, 1971, 555, Sec. 14
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