SB 704 Maryland Senate · 2026 Regular Session

Maryland Estate Tax – Qualified Agricultural Property – Transfer to Limited Liability Company

This bill allows Maryland estates to transfer qualified agricultural property (farmland used primarily for farming) to a limited liability company (LLC) without triggering estate tax recapture under specific conditions. It modifies the estate tax exclusion to allow up to $5 million of qualified agricultural property value to be excluded from taxation when passed to a "qualified recipient" (a farmer continuing farm use). Crucially, if the property is transferred to an LLC owned solely by qualified recipients and remains used for farming for at least 10 years after the decedent's death, it avoids the standard 10-year recapture rule that would otherwise apply if farming stopped. The provision applies to estates of individuals dying after June 30, 2026, directly affecting farm owners who use LLC structures to manage inherited agricultural property.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Apr 2026
Senate Passage
Apr 2026
House of Delegates Passage
Apr 2026
Signed into Law
May 2026
Introduced Feb 6, 2026 Signed May 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

First - Maryland Estate Tax – Qualified Agricultural Property – Transfer to Limited Liability Company Third - Maryland Estate Tax – Qualified Agricultural Property – Transfer to Limited Liability Company · 3 edits
MINOR
The bill was amended to include a favorable committee report and Senate adoption, indicating it has passed the legislative process. The substantive text regarding Maryland estate tax exemptions for agricultural property transferred to LLCs remains largely unchanged, though the recapture clause was renumbered and a new signature block was added for final approval.
Scope change
The bill's scope and applicability remain unchanged; it still applies to decedents dying after June 30, 2026, with an effective date of July 1, 2026.
TIMELINE

Added a signature block for the Governor, President of the Senate, and Speaker of the House of Delegates, indicating the bill is ready for final approval.

TECHNICAL

Reordered and renumbered the recapture provisions within the estate tax section, shifting the LLC transfer exemption logic from paragraph (5) to paragraph (4).

Inserted a line indicating the bill was 'Adopted' and 'Read second time' on March 3, 2026.

Floor votes · Senate Mar 5, 2026 · House of Delegates Apr 2, 2026

How they voted

440
Passed · 5 other
Total votes 49
Mar 5, 2026
D Democratic36
33 Yea 3
91% Yea
R Republican13
11 Yea 2
84% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
12
Committee
7
May 12, 2026
Signed into law
Approved by the Governor - Chapter 551
executive
Apr 13, 2026
Upper · Passed
Returned Passed
upper
Apr 13, 2026
Lower · Passed
Third Reading Passed
lower
Apr 11, 2026
Lower · Passed
Favorable Adopted Second Reading Passed
lower
Apr 11, 2026
Lower · Passed
Favorable Report by Ways and Means
lower
Apr 2, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (135-0-7)
house of delegates
Mar 21, 2026
Committee
Referred Ways and Means
lower
Mar 20, 2026
Upper · Passed
Third Reading Passed
upper
Mar 19, 2026
Upper · Passed
Favorable with Amendments {
upper
Mar 18, 2026
Upper · Passed
Motion Special Order until Later Today (Senator King) Adopted
upper
Mar 18, 2026
Upper · Passed
Favorable with Amendments {
upper
Mar 18, 2026
Upper · Passed
Favorable with Amendments Report by Budget and Taxation
upper
Mar 5, 2026
Senate · Passed
Senate Vote: pass (44-0-5)
senate
Feb 6, 2026
Committee
First Reading Budget and Taxation
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Johnny Mautz
Johnny Mautz
RRepublican
MD
37