reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 03 - MOTOR FUEL TAX › Chapter 03.03.06 - Emissions Control Compliance › Section 03.03.06.02 - Vapor Pressure Determination

Current through Register Vol. 51, No. 14, July 12, 2024
During the period from May 1 through September 15, inclusive, the Bureau and the Department shall, until such time as the United States Environmental Protection Agency approves the use of ASTM Test Method D-5191, determine the vapor pressure of gasoline in accordance with the test methods described in 40 CFR Part 80, Appendix E, which is incorporated by reference. Following approval by the United States Environmental Protection Agency, ASTM Test Method D-5191 shall be used. Regulated parties are free to use other accepted test methods for quality assurance programs. However, these programs do not exempt regulated parties from enforcement action. Regulated parties are encouraged to develop a correlation program with the Bureau and the Department to reduce the probability of inconsistent test results. The Bureau may grant a 1-pound waiver for ethanol blend gasoline in an ozone attainment area, as defined in COMAR 03.03.05.01B(18), in writing.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 03 - MOTOR FUEL TAX › Chapter 03.03.06 - Emissions Control Compliance › Section 03.03.06.03 - Oxygen Content Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of §§B-D of this regulation apply only in a control area and for control periods after:
(1) A monitored violation of the CO standard for that control area or in a larger area of which the control area is required by federal law to be treated as a unit; and
(2) Notice has been published in the Maryland Register not later than July 1 of the year in which §§B-D of this regulation become applicable that the requirements apply to the control area, and that §§B-D of this regulation remain applicable in that control area until a notice is published in the Maryland Register stating that the sections no longer apply.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 03 - MOTOR FUEL TAX › Chapter 03.03.06 - Emissions Control Compliance › Section 03.03.06.04 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
For control periods beginning before January 1, 1994, refiners, importers, and blenders that intend to use oxygenates other than single-carbon through four-carbon alcohols or methyl tertiary butyl ether to comply with control period oxygen requirements shall register their intent with the Bureau and the Department at least 30 days before the beginning of each control period.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 03 - MOTOR FUEL TAX › Chapter 03.03.06 - Emissions Control Compliance › Section 03.03.06.05 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person described in this regulation shall generate and maintain, for a period of not less than 2 years, records detailing compliance information as required by this regulation. Records pertaining to vapor pressure are required only for gasoline produced, stored, transported, supplied, offered for supply, transferred or otherwise handled, sold, offered for sale, or dispensed during the period from May 1 through September 15, inclusive, and records pertaining to oxygen content are required only for gasoline produced, stored, transported, supplied, offered for supply, transferred or otherwise handled, sold, offered for sale, or dispensed during an oxygenated gasoline control period. However, a person should consider that gasoline produced before May 1 for vapor pressure and before the beginning of an oxygenated gasoline control period for oxygen content will remain in the distribution system after the applicable control begins, and therefore should consider keeping appropriate records before the required dates in order to facilitate a defense in instances when violations are detected. All records shall be made available for review by the Bureau or the Department during normal business hours or submitted to the Bureau or the Department for review upon request. These record-keeping requirements are in addition to any motor fuel record keeping required under Tax-General Article, Annotated Code of Maryland.
B. Refiners, Importers, and Blenders. Refiners, importers, and blenders shall, for each separate quantity of gasoline produced or imported, generate and maintain records containing the following information:
(1) The results of the tests, conducted in accordance with Regulations .02 and .03 of this chapter, used to determine the vapor pressure and types and percentages by volume of component oxygenates;
(2) The oxygen content of the gasoline;
(3) The volume of the gasoline; and
(4) The name and address of the person to whom the gasoline was sold or transferred.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 03 - MOTOR FUEL TAX › Chapter 03.03.06 - Emissions Control Compliance › Section 03.03.06.06 - Transfer Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each time gasoline is transferred between May 1 and September 15, inclusive, or during a control period, as provided for under Regulation .03 of this chapter, the transferor shall provide the transferee a transfer document which shall legibly and conspicuously contain the following information:
(1) The date of the transfer;
(2) The name and address of the transferor;
(3) The name and address of the transferee;
(4) The location of the gasoline at the time of the transfer;
(5) The volume of gasoline transferred;
(6) For all gasoline transferred between May 1 and September 15, inclusive, the proper identification of the gasoline as complying or noncomplying with vapor pressure requirements;
(7) For all gasoline transferred from a refiner, importer, or blender between May 1 and September 15, inclusive, the vapor pressure of the gasoline and the test method used for determination;
(8) For all gasoline transferred during a control period, the proper identification of the gasoline as oxygenated or nonoxygenated and complying or noncomplying with oxygen requirements; and
(9) For all gasoline transferred from a refiner, importer, or blender during a control period, and for all transfers during a control period of oxygenated gasoline containing less than 2.7 percent oxygen by weight, the type and volume of component oxygenates and the oxygen content of the gasoline.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.01 - General Regulations › Section 03.04.01.01 - Withholding of Tax at Source

Current through Register Vol. 51, No. 14, July 12, 2024
A. Withholding Required.
(1) Every employer subject to the jurisdiction of this State making payment to resident individuals of this State of salaries, wages, or compensation for personal services, and every employer making payment to nonresident individuals of salary, wages, or compensation for personal services rendered in this State, shall withhold from payments subject to withholding and transmit to the Comptroller the tax, taking into consideration:
(a) The personal exemption claimed by a resident or a nonresident on Form MW 507 or other approved form; and
(b) For organizations that are exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code, the credit against the amount of tax withheld and required to be paid to the Comptroller under Tax-General Article, §§10-704.7, 10-704.10, and 10-715, Annotated Code of Maryland.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.01 - General Regulations › Section 03.04.01.08 - Abatements of Income Tax Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Comptroller or his authorized delegate may abate any assessment, or unpaid portion thereof, if the assessment is in excess of the correct tax liability, if the assessment is made after the expiration of the period of limitation applicable to it, or if the assessment has been erroneously or illegally made.
B. The Comptroller or his authorized delegate may abate amounts, the collection of which is not warranted because of the administration and collection costs.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.01 - General Regulations › Section 03.04.01.11 - Estimated Withholding Tax Assessments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Once a taxpayer has become liable for the filing of withholding tax returns, the taxpayer shall continue to file returns until the Comptroller is notified that the taxpayer no longer has employees or is no longer liable to file returns.
B. If a return required to be filed is not filed by its due date, after the time provided under Tax-General Article, §13-303, Annotated Code of Maryland, has elapsed, the Comptroller may estimate the amount of tax due from any information available and levy an assessment for this amount, together with applicable penalty, interest, and delinquent fees.
C. A taxpayer may appeal an assessment by applying for a hearing as provided in COMAR 03.01.01.04B.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Day", for purposes of §B(7) of this regulation, includes any part of a day, provided, however, that a continuous period of 24 hours or less may not constitute more than 1 day.
(2) "Dependent" means any individual as defined in §152 of the Internal Revenue Code.
(3) "Individual" means a natural person.
(4) "Member" means:
(a) A shareholder of an S Corporation;
(b) A general or limited partner of a partnership, limited partnership, or limited liability partnership;
(c) A member of a limited liability company as defined under Corporations and Associations Article, Title 4A, Annotated Code of Maryland, if the limited liability company is taxable as a partnership under §761 of the Internal Revenue Code; or
(d) A beneficiary of a business trust.
(5) "Nonresident" means an individual who is not a resident of this State.
(6) "Pass-through entity" means:
(a) An S Corporation;
(b) A partnership;
(c) A limited liability company as defined under Corporations and Associations Article, Title 4A, Annotated Code of Maryland, if the limited liability company is taxable as a partnership under §761 of the Internal Revenue Code; or
(d) A business trust that is not taxed as a corporation under this title.
(7) Resident.
(a) "Resident" means an individual as defined in Tax-General Article, §10-101(k), Annotated Code of Maryland.
(b) "Resident" includes an individual who:
(i) For more than 6 months of the taxable year maintains a place of abode in this State; and
(ii) Spends, in the aggregate, 183 days or more within this State during the taxable year.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.02 - Resident Filing Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in this regulation, each resident of this State shall use the same filing status:
(1) As used to file their federal income tax return; or
(2) As if the individual had been required to file a federal income tax return.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.03 - Nonresident Filing Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who maintains a place of abode in this State for more than 6 months of the taxable year, and is not domiciled in this State, is considered a nonresident if the individual is:
(1) An active member of the armed forces;
(2) A midshipman of the Naval Academy in Annapolis;
(3) A commissioned officer of the United States Public Health Service;
(4) A commissioned officer of the National Oceanic and Atmospheric Administration; or
(5) The spouse of a servicemember that is an active member of the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the United States Public Health Service, who is present in this State solely to be with the servicemember that is present in this State in compliance with military orders.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.04 - Filing Composite Return on Behalf of a Nonresident

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File.
(1) Subject to the provisions under §§B and C of this regulation, a pass-through entity doing business in this State that pays tax on behalf of nonresident members as required under Tax-General Article, § 10-102.1(b)(2)(i), Annotated Code of Maryland, may file a composite return on behalf of all or some of its nonresident members.
(2) A pass-through entity doing business in this State and electing to pay tax with respect to the distributive or pro rata shares of all members under Tax-General Article, § 10-102.1(b)(2)(ii), Annotated Code of Maryland, is not permitted to file a composite return on behalf of any member.
(3) Due Date. A composite return shall be filed by the due date for the filing of an information return under COMAR 03.04.07.03A.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.05 - Allocation of Nonresident Business Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. Income of a nonresident for personal services rendered partly within and partly without this State shall be determined as follows:
(1) Commissions of a traveling salesman or agent which depend directly on sales made are allocated outside this State if the:
(a) Sales are outside this State, or
(b) Merchandise is delivered to points outside this State;
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.06 - Maryland Adjusted Gross Income of a Nonresident Individual

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland adjusted gross income of a nonresident individual is the individual's federal adjusted gross income for the taxable year as determined under the Internal Revenue Code with the adjustments described in §§B and C of this regulation.
B. Additions to Federal Adjusted Gross Income shall be:
(1) Wages, salary, or other compensation for services performed in this State which are exempt by federal law or treaty from federal but not State tax on income;
(2) Oil percentage depletion allowance as provided for under Tax-General Article, §10-204(e), Annotated Code of Maryland, to the extent attributable to sources in this State;
(3) 50 percent of the sum of the tax preference items as provided for under Tax-General Article, §10-205(f), to the extent derived from real or tangible personal property located in this State;
(4) Amount of the credit claimed under Tax-General Article, §10-702, Annotated Code of Maryland, for wages paid to an employee in an enterprise zone located in this State;
(5) Amount of expenses for reforestation or timber stand improvement as provided for under Tax-General Article, §10-205(c); and
(6) The amount of any loss or adjustment to income that is:
(a) Included in computing federal adjusted gross income, and
(b) Not attributable to sources within this State.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.07 - Exemptions Allowed a Nonresident

Current through Register Vol. 51, No. 14, July 12, 2024
Whether or not a federal return is filed a nonresident may claim the personal and dependent exemptions provided for under Tax-General Article, §10-219, Annotated Code of Maryland.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.08 - Deductions Allowed a Nonresident

Current through Register Vol. 51, No. 14, July 12, 2024
A. A nonresident individual may use the standard deduction as provided for under Tax-General Article, §10-219, Annotated Code of Maryland, or itemize deductions as provided for under Tax-General Article, §§10-218 and 10-219, Annotated Code of Maryland.
B. Standard Deduction.
(1) A nonresident individual may elect to use the standard deduction whether or not the individual itemizes deductions on the individual's federal income tax return in determining federal taxable income.
(2) Limitation. A nonresident may claim the standard deduction on the Maryland return in the amount computed by multiplying the appropriate standard deduction by a fraction:
(a) The numerator of which is Maryland adjusted gross income; and
(b) The denominator of which is federal adjusted gross income.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.09 - Maryland Taxable Income of a Nonresident

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland taxable income of a nonresident individual is the individual's Maryland adjusted gross income less the:
A. Exemptions allowed a nonresident under Regulation .07 of this chapter; and
B. Deductions allowed a nonresident under Regulation .08 of this chapter.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.10 - Income Tax Deficiency Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an income tax deficiency is developed from an audit of a taxpayer's return, the Comptroller may make an assessment under Tax-General Article, §13-401, Annotated Code of Maryland.
B. A taxpayer may appeal an assessment by applying for a hearing as provided under COMAR 03.01.01.04B.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.11 - Reporting Federal Tax Adjustments

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the amount of a taxpayer's federal net taxable income reported on the federal return is increased by the Internal Revenue Service (IRS) or any change is required by the IRS in the method of reporting, accounting for, or treatment of particular income, the taxpayer shall report to the Revenue Administration Division the increase of federal net taxable income or the nature of the change within 90 days after the IRS has issued its final determination.
B. A disposition of an assessment by the IRS by way of abatement, settlement, or compromise may not be construed as an abatement, settlement, or compromise of the taxpayer's liability to this State.
C. The report filed with the Comptroller's Office shall consist of:
(1) A complete copy of the federal audit including any exhibits attached to it; and
(2) The taxpayer's acceptance of the IRS final determination or the taxpayer's grounds for objection to the IRS determination.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.12 - Limitation for Part-Year Resident

Current through Register Vol. 51, No. 14, July 12, 2024
Unless the Comptroller requires or allows another method, for taxable years beginning after December 31, 1992, an individual who is a resident for only part of the taxable year shall prorate the deduction for exemptions under Tax-General Article, §10-211 or 10-212, Annotated Code of Maryland, and the standard deduction under Tax-General Article, §10-217, or itemized deductions under Tax-General Article, §10-218, by using a fraction, the:
A. Numerator of which is the individual's Maryland adjusted gross income; and
B. Denominator of which is the individual's federal adjusted gross income.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.13 - Income Tax Checkoffs

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual taxpayer may designate a contribution on the taxpayer's return to be credited towards the:
(1) Chesapeake Bay and Endangered Species Fund, as established under Natural Resources Article, §
										1-701 et seq., Annotated Code of Maryland;
(2) Developmental Disabilities Waiting List Equity Fund, as established under Health-General Article, § 7-205, Annotated Code of Maryland;
(3) Maryland Cancer Fund, as established under Health-General Article, § 20-117, Annotated Code of Maryland; or
(4) Maryland Fair Campaign Financing Fund, as established under Election Law Article, §
										15-103, Annotated Code of Maryland.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.14 - Extension of Time to File

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §D of this regulation, an individual who is unable to file a personal income tax return by the due date shall file an Application for Extension of Time to File Maryland Income Tax Return (Form 502E).
B. The application:
(1) Shall be filed by the original due date of the return; and
(2) Extends only the time allowed to file the income tax return.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.15 - Maryland Senator Edward J. Kasemeyer College Investment Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Account holder" means the person who establishes an investment account on behalf of a qualified designated beneficiary.
(b) "Contributor" means an individual who contributes to a Maryland Senator Edward J. Kasemeyer Prepaid College Trust Account under Education Article, §
											18-1903, Annotated Code of Maryland.
(c) Investment Account.
(i) "Investment account" means an account established by an account holder under Education Article, Title 18, Subtitle 19A, Annotated Code of Maryland, on behalf of a qualified designated beneficiary for the purpose of applying distributions toward qualified higher education expenses at eligible educational institutions.
(ii) "Investment account" may include more than one investment option.
(d) "Investment option" means the investment portfolios available to account holders in the Maryland Senator Edward J. Kasemeyer College Investment Plan.
(e) "Qualified designated beneficiary" has the meaning stated in §529(e) of the Internal Revenue Code.
(f) "Qualified higher education expenses" has the meaning stated in §529(e) of the Internal Revenue Code.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.16 - Limitation for Resident

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual shall itemize deductions on the individual's federal income tax return in order to elect to itemize deductions on the individual's State income tax return.
B. An individual who does not elect to itemize deductions may claim the standard deduction.
C. Resident with Nonresident Spouse.
(1) If a married couple files a joint federal income tax return but elect to file separate income tax returns pursuant to Regulation .02 of this chapter, or if the nonresident spouse is not required to file an income tax return, then the resident individual may, unless the Comptroller requires or allows another method:
(a) Claim the standard deduction;
(b) Claim:
(i) Only the individual's federal itemized deductions, from among those deductions claimed on the federal return, as limited under Tax-General Article, §10-218(b), Annotated Code of Maryland, that are attributable exclusively to the individual; and
(ii) From among those federal itemized deductions of the individual not claimed under §C(1)(b)(i) of this regulation, a prorated amount of the itemized deductions in accordance with §C(1)(c) of this regulation; or
(c) Claim a prorated amount of the itemized deductions claimed on the federal income tax return by using a fraction, the:
(i) Numerator of which is the individual's Maryland adjusted gross income; and
(ii) Denominator of which is the married couple's joint federal adjusted gross income.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.17 - Donations to Diaper Banks and Other Charitable Entities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Diaper bank" means a nonprofit organization located in the State that:
(i) Is qualified as tax exempt under the Internal Revenue Code, § 501(c)(3);
(ii) Is established and operating primarily for the purpose of collecting or purchasing disposable diapers or other hygiene products for infants or children; and
(iii) Distributes those diapers or hygiene products through schools, health care facilities, government agencies, or other nonprofit entities for eventual distribution to individuals free of charge.
(b) "Donation" means an irrevocable gift of:
(i) Disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products; or
(ii) Cash that is specifically designated for the purchase of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products.
(c) "Feminine personal hygiene products" means sanitary pads, tampons, menstrual sponges, menstrual cups, or other similar feminine hygiene products, whether reusable or disposable.
(d) "Qualified charitable entity" means a diaper bank, homeless shelter, domestic violence shelter, religious organization, or other charitable organization that distributes diapers, other hygiene products for infants or children, or feminine personal hygiene products, and that is registered with the Comptroller as a distributor of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products as described in §C of this regulation.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.02 - Individual › Section 03.04.02.18 - Subtraction for Contributions to First-Time Homebuyer Savings Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meaning indicated.
(2) Terms Defined.
(a) "Account holder" means a first-time homebuyer who establishes a first-time homebuyer savings account.
(b) "Allowable closing costs" means a disbursement listed on a settlement statement for the purchase of a home in the State by an account holder.
(c) "Eligible costs" means the down payment and allowable closing costs for the purchase of a home in the State by an account holder.
(d) "Financial institution" has the meaning stated in Financial Institutions Article, §
											1-101, Annotated Code of Maryland.
(e) "First-time homebuyer" means an individual who is a resident of the State and who has not owned or purchased, either individually or jointly, a home in the State in the last 7 years.
(f) "First-time homebuyer savings account" or "account" means an account with a financial institution that an account holder designates as a first-time homebuyer savings account on the account holder's Maryland income tax return for taxable year 2021 or any following taxable year and that is established for the sole purpose of paying or reimbursing eligible costs for the purchase of a home in the State by the account holder.
(g) "Home" means a single-family residential real property, including a mobile home as defined in Real Property Article, §
											8A-101, Annotated Code of Maryland.
(h) "Settlement statement" means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §§
												2601 - 2617 and 12 CFR 1024.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter provides specific guidance to all corporate entities subject to the Maryland income tax laws.
B. COMAR 03.04.08 applies to banking and similar institutions as defined in that chapter. Corporations not coming within that definition, including subsidiaries or affiliates of banking and similar institutions, shall apportion their income between Maryland and other states as required by applicable regulations and administrative releases of the Comptroller.
C. Banking and nonbanking institutions are required to file a Maryland corporate income tax return if they are engaged in or conducting business in this State. No change is intended by these regulations in existing income tax law or practice with respect to the level of activity sufficient to require the filing of an income tax return, or the apportionment of income to this State.
D. Banking and nonbanking institutions may be required to use a modified apportionment formula under the authority of COMAR 03.04.08.03CC if a banking institution, and of Regulation .08E of this chapter if a nonbanking institution.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Allocation" means the assignment of income to a particular state.
(2) "Apportionment" means the allocation of income between states by the use of a formula.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.03 - Corporations Required to File

Current through Register Vol. 51, No. 14, July 12, 2024
A. A corporation, not expressly exempt, having any income allocable to this State, shall file a Maryland corporation income tax return even though it has no Maryland taxable income.
B. Special Requirements. Special requirements apply to the following organizations:
(1) Affiliated corporations which are included in a consolidated federal return shall file separate Maryland returns, and each separate corporation shall report its taxable income without regard to any consolidation for federal income tax purposes;
(2) Real estate investment trusts which qualify as such under the Internal Revenue Code shall be taxable in Maryland to the same extent they are taxable under federal law;
(3) S corporations allowed Subchapter S filing status under the Internal Revenue Code shall file a corporate income tax return to:
(a) Report pass-through items to shareholders, and
(b) Pay tax on income taxable at the corporate level;
(4) Corporate partners of partnerships shall report their share of partnership income or loss on the corporate return;
(5) Corporations exempt from taxation under Internal Revenue Code, § 501, with unrelated business taxable income shall file a corporate income tax return to report income to the extent taxable for federal purposes;
(6) Those institutions set forth in Tax-General Article, §8-101(c)(2)(vi), Annotated Code of Maryland, are subject to the following:
(a) The provisions of this chapter, with the exception of Regulation .08 of this chapter, and
(b) The provisions of COMAR 03.04.08.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.04 - Filing of Returns

Current through Register Vol. 51, No. 14, July 12, 2024
A. A corporation shall file a corporation income tax return by the 15th day of the 4th month following the end of the tax year or period. The return shall be filed with a copy of the federal return for the corresponding tax year or period.
B. Certain organizations that are afforded a later due date for filing federal returns under the Internal Revenue Code shall be afforded the same later due date for filing Maryland income tax returns.
C. Extension of Time to File.
(1) A corporation unable to file by the due date shall file an Application for Extension to File Corporation Income Tax Return (Form 500E) to be granted an automatic extension of up to 7 months.
(2) The application shall be filed by the original due date and extends only the time allowed to file the income tax return.
(3) Full payment of the expected tax due is required with the application.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.05 - Computing the Tax

Current through Register Vol. 51, No. 14, July 12, 2024
A. Accounting Periods. The taxable year or period for which the return is filed shall be the same as that for which the federal return is filed, and in every instance that a federal return is required, a corresponding State return shall be filed.
B. Use of Federal Figures. The starting point for the Maryland return is the taxable income as defined in the Internal Revenue Code and developed on the federal return. Corporations included in a consolidated filing for federal purposes shall file separate Maryland returns and compute separate taxable income.
C. Rate of Tax. The tax rate is 8.25 percent of Maryland taxable income.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.06 - Other Forms, Returns, Schedules, and Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Copy of Federal Return Required.
(1) Failure to attach the required federal copy to the Maryland return shall constitute a nonfiling.
(2) Corporations included in a consolidated filing for federal purposes shall attach a copy of pages one through five of the actual consolidated return and shall also provide a copy of the columnar schedule of income and expense, and of balance sheet items, reconciling the separate items of each member corporation to the consolidated totals.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.07 - Losses, Audits, and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Net Operating Loss Deduction.
(1) For the loss year, the net operating loss may be used to offset Maryland modifications.
(2) The deductions for carryback and carryover shall be calculated and claimed following federal income tax provisions, and a modification to the amount of the deductions may not be allowed under Maryland income tax law.
(3) When an affiliated group of corporations files a consolidated return for federal purposes, each separate member corporation shall calculate any net operating loss deduction based on its separate federal taxable income and loss and as if the member corporation was not involved in a consolidated filing and filed a separate federal return.
(4) If a corporation elected to relinquish the entire carryback period for federal purposes, a copy of the federal election shall be submitted with the Maryland return for the loss year.
(5) A net operating loss generated when a corporation is not subject to Maryland income tax law may not be allowed as a deduction to offset Maryland income.
(6) If a liquidated or acquired corporation was not subject to Maryland income tax law when its net operating loss was generated, then the acquiring corporation which is subject to Maryland income tax law may not use the net operating loss of the liquidated or acquired corporation as a deduction to offset Maryland income.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.08 - Apportionment of Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. Corporations engaged in business within and outside the State shall allocate income to reflect the amount attributable to this State.
B. Corporations operating within and outside the State as unitary businesses shall use an apportionment formula to determine the amount of income to be allocated:
(1) All of the factors of the apportionment formula shall be developed as fractions, the numerator of which shall be the total of items in this State during the tax year, and the denominator shall be the total of items everywhere during the tax year.
(2) Each factor shall be separately determined and the number of factors used shall be averaged to arrive at the final apportionment factor.
(3) The items on both numerator and denominator of each factor shall be adjusted by the applicable addition and subtraction adjustments provided under Tax-General Article, Title 10, Subtitle 3, Part II, Annotated Code of Maryland.
Example 1: In computing the net dividend item includible in the denominator of its sales factor, X Company includes the total amount of the dividends that it reported on its federal income tax return. X Company then reduces that amount by its adjustment for dividends for domestic corporations claiming foreign tax credit and by its adjustment for dividends from related foreign corporations. X Company also reduces that amount by the total amount of the special deductions that X Company reported on its federal income tax return.
Example 2: In computing the net interest item includible in the denominator of its sales factor, Y Company includes the total amount of the interest that it reported on its federal income tax return and reduces that amount by its adjustment for income from U.S. obligations.
(4) The items of both numerator and denominator shall be reconciled to the items as categorized and reported on the federal income tax return.
(5) If a return is filed by a corporation operating within and outside the State which reflects a loss with no income to be apportioned, an apportionment factor shall be calculated for the filing to be considered complete.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.09 - Apportionment of Income-Motion Picture and Television Film Producers and Television Networks

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) This regulation applies to:
(a) Motion picture and television film producers and affiliated distribution companies;
(b) Producers of television commercials;
(c) Television networks; and
(d) Independent television stations, to the extent they are members of a chain of commonly owned stations all of which operate as network affiliates or all of which are unaffiliated with a network but which operate:
(i) Collectively in purchasing properties for telecast or in marketing air time, or
(ii) As a producer.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.10 - Apportionment of Income-Single Sales Factor Apportionment for Manufacturing Corporations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation provides specific guidelines for manufacturing corporations subject to the Maryland income tax laws.
B. In this regulation, the following terms have the meanings indicated:
(1) Manufacturing Corporation.
(a) "Manufacturing corporation" means a domestic or foreign corporation that is primarily engaged in activities that, in accordance with the North American Industrial Classification System, would be included in sector 11, 31, 32, or 33.
(b) "Manufacturing corporation" does not include:
(i) A refiner, as defined in Business Regulation Article, §
												10-101, Annotated Code of Maryland;
(ii) An affiliated or commonly controlled corporation that engages in activities on behalf of a manufacturing corporation, either directly or indirectly; or
(iii) An affiliated or unaffiliated service provider.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.03 - Corporations › Section 03.04.03.11 - Donations to Diaper Banks and Other Charitable Entities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Diaper bank" means a nonprofit organization located in the State that:
(i) Is qualified as tax exempt under §501(c)(3) of the Internal Revenue Code;
(ii) Is established and operating primarily for the purpose of collecting or purchasing disposable diapers or other hygiene products for infants or children; and
(iii) Distributes those diapers or hygiene products through schools, health care facilities, government agencies, or other nonprofit entities for eventual distribution to individuals free of charge.
(b) "Donation" means an irrevocable gift of:
(i) Disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products; or
(ii) Cash that is specifically designated for the purchase of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products.
(c) "Feminine personal hygiene products" means sanitary pads, tampons, menstrual sponges, menstrual cups, or other similar feminine hygiene products, whether reusable or disposable.
(d) "Qualified charitable entity" means a diaper bank, homeless shelter, domestic violence shelter, religious organization, or other charitable organization that distributes diapers, other hygiene products for infants or children, or feminine personal hygiene products, and that is registered with the Comptroller as a distributor of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products as described in COMAR 03.04.02.17.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.04 - Special › Section 03.04.04.01 - Order of Payment for Unpaid Income Tax

Current through Register Vol. 51, No. 14, July 12, 2024
A. Income tax payments received by the Comptroller shall be applied as follows:
(1) Payments accompanying returns shall be applied to the period covered by the return in the following manner:
(a) First to any penalty;
(b) Second to accrued interest; and
(c) Third to the unpaid tax.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.05 - Tax Refund Intercept Program-Delinquent Debts › Section 03.04.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Central Collection Unit" means the Central Collection Unit of the Department of Budget and Management.
B. "Certify" means to furnish to the Comptroller the names, with other identification including address, Social Security or federal tax identification number, and amount of debt of debtors owing money to the State.
C. "Comptroller" means the Comptroller of the Treasury.
D. "Debt" means any liquidated sum due and owing any State agency which has accrued through contract, subrogation, tort, operation of law, or other cause of action, regardless of whether there is an outstanding judgment for that sum.
E. "Intercept" means the action of the Comptroller of withholding all or part of a tax refund due a taxpayer and remitting it to the Central Collection Unit.
F. "Debtor" means any individual, fiduciary, or business entity which may be entitled to receive a Maryland income tax refund and which owes money to, or has a delinquent account with, any State agency which has not been adjudged satisfied by court order, set aside by court order, or discharged in bankruptcy. "Debtor" and "taxpayer" are synonymous, when a match of names has been made by the Comptroller.
G. "Refund" means any taxpayer's Maryland income tax refund.
H. "Review officer" means a staff person designated by the Central Collection Unit to conduct hearings and to render decisions as described in this chapter.
I. "State agency" means any agency, association, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of State government, including any subunit of these agencies.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.05 - Tax Refund Intercept Program-Delinquent Debts › Section 03.04.05.02 - Duties of the Central Collection Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central Collection Unit may certify to the Comptroller the name of any debtor:
(1) Against whom it has obtained a judgment in any court; or
(2) Whose account has been referred to the Central Collection Unit in accordance with COMAR 17.01.01 by an educational institution to which the debtor owes a debt for unpaid tuition, fees, or education loans.
Code of Maryland Regulations › Title 03 - COMPTROLLER OF THE TREASURY › Subtitle 04 - INCOME TAX › Chapter 03.04.05 - Tax Refund Intercept Program-Delinquent Debts › Section 03.04.05.03 - Duties of the Comptroller

Current through Register Vol. 51, No. 14, July 12, 2024
A. As frequently as practical, the Comptroller shall compare the names of the debtors certified by the Central Collection Unit with the names of taxpayers who file tax returns and are entitled to a tax refund.
B. If a match is made between a taxpayer eligible for tax refund and a certified debtor, the Comptroller shall pay the refund to the Central Collection Unit, but only to the extent of the amount of the debt certified. Any refund in excess of a certified debt shall be paid by the Comptroller to the debtor.
C. If a match occurs with one of the parties to a joint tax return, the Comptroller shall withhold only the portion of the refund attributable to the debtor.
D. The Comptroller shall remit to the Central Collection Unit payments withheld pursuant to this chapter. The Comptroller shall also provide the Central Collection Unit with a list identifying the debtors for whom remittance is made and the debtors for whom the Comptroller has determined that no intercept can be made. The list shall include each debtor's name, address, Social Security number or federal tax identification number, and the Central Collection Unit account number.
E. The Comptroller shall notify a debtor for whom an intercept is made of the amount paid to the Central Collection Unit and of his right to request an investigation by the Central Collection Unit of the validity of the debt and to request an administrative hearing subject to judicial review in accordance with the Administrative Procedure Act.
F. The Comptroller shall delete a certified name or change names certified when instructed to do so by the Central Collection Unit.