Maryland Administrative Code

.13 Partnerships, S Corporations, Limited Liability Companies, Business Trusts, Estates, and Trusts. A. Partnerships, S Corporations, Limited Liability Companies, and Business Trusts. In the case of a subchapter S corporation, partnership, limited liability company, or business t…

.14 Continuity if Federal Provisions Repealed or Terminate. If the provisions of §41 of the Internal Revenue Code governing the federal research and development tax credit are repealed or terminate, the provisions of this chapter shall continue to operate as if the provisions of …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Artist” means a qualifying residing artist as defined in Economic Development Article, §4-701(f), Annotated Code of Maryland. (2) “Artistic work” has the meaning stated in…

.02 Sales and Publication of Artistic Work. A. To the extent included in federal adjusted gross income, the amount of income derived by an artist from the sale or publication of an artistic work within the district located in the county where the artist owns or rents residential …

.03 Production and Performance of Artistic Work. A. To the extent included in federal adjusted gross income, the amount of income derived by an artist from the production or performance of an artistic work within the district located in the county where the artist owns or rents r…

.04 Availability of Subtraction. A. Except as provided in §B of this regulation, the subtraction provided in Regulations .02 and .03 of this chapter is available only to individuals. B. The subtraction provided in Regulations .02 and .03 of this chapter is available to a single-m…

.05 Procedures. A. An individual claiming the subtraction shall complete Form 502AE and attach the form to the Maryland individual income tax return. B. Individuals claiming the subtraction shall maintain receipts, books, accounts, and any other documentation relating to the sale…

.01 Applicability. Effective Date. This chapter applies to all deeds and other instruments of transfer recorded with the clerk or filed with the Department on or after October 1, 2003.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Clerk” means clerk of the circuit court for any county of the State or Baltimore City. (2) “Debt incurred in contemplation of sale” means a debt secured by a mortgage, dee…

.03 Withholding Requirements. A. Except as provided in §B of this regulation, a deed or other instrument transferring title may not be: (1) Recorded with the clerk; or (2) Filed with the Department. B. A deed or other instrument transferring title may be recorded with the clerk o…

.04 Certificate of Full or Partial Exemption. A. The transferor may file an Application for Certificate of Full or Partial Exemption (Form MW506AE) with the Comptroller. B. The transferor shall: (1) File the Application for Certificate of Full or Partial Exemption with the Comptr…

.05 Responsibilities of Transferee and Real Estate Reporting Person at Settlement. A. Unless the transfer is fully exempt from the withholding requirements of this chapter, the transferee or real estate reporting person shall: (1) Withhold at settlement the tax required under Reg…

.06 Additional Requirements for Recordation or Filing. A. If a payment is required pursuant to Regulation .03B(1) of this chapter, the person presenting the deed or other instrument of transfer shall present the following additional documents to the clerk or the Department: (1) C…

.07 Duties of the Clerk or the Department. A. The clerk or the Department shall review the documents presented for recordation or filing for compliance with the requirements of this chapter. B. If applicable, the clerk or the Department shall collect any tax due on the transfer. …

.08 Procedures for Requesting Early Refunds. A. An individual or a corporation that has paid withholding tax in excess of the amount owed may file an Application for Tentative Refund of Withholding on Sales of Real Property by Nonresidents (MW506R) with the Comptroller 60 days af…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Commercial domicile” means the principal place from which the trade or business of the taxpayer is directed or managed. (2) “Corporate group” has the meaning stated in Tax…

.02 Reports Required. A. The reports described in this regulation shall be submitted electronically, using the form and instructions available on the Comptroller's website at www.marylandtaxes.com. B. Every corporate group shall file the following reports with the Comptroller: (1…

.03 Penalties. A. Failure to File Required Reports. (1) Subject to §A(3) of this regulation, if a corporate group fails to file the reports required under this chapter, the Comptroller shall assess the penalties set forth in this section. (2) The penalties to be assessed are: (a)…

.01 Definition. A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Business tax credit” means: (1) Aerospace, Electronics, or Defense Contract Tax Credit; (2) Apprentice Employee Tax Credit; (3) Biotechnology Investment Incentive Tax Credit; (4) B…

.02 Electronic Filing Requirements. A. Any taxpayer claiming a business tax credit, an excess carryover of a business tax credit, or a recapture of a business tax credit shall claim the credit on an electronically filed original or amended Maryland income tax return. B. Any taxpa…

.03 Exceptions. A. An organization exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code claiming a credit against the payment to the Comptroller of taxes that the organization is required to withhold from the wages of employees is exempt from the electronic f…

.01 Abandoned Funds. A. Repealed. B. Repealed. C. Effective June 1, 2003, for reporting periods ending on or after June 30, 2003, any checking, savings, share, negotiable order of withdrawal, automatic transfer, share draft, electronic terminal account, or other similar type of a…

.02 Service Charges. A. A service charge of any type may not be made by a holder of any property presumed abandoned under Commercial Law Article, Title 17, during the period of time giving rise to presumption of abandonment unless the holder complies with the requirements set for…

.03 Liability for Interest. A holder may not cease payment or accrual of any benefits, including dividends or interest on property, under this title, unless the holder complies with the requirements as set forth in Commercial Law Article, §17-308.1.

.04 Prohibited Agreements. Contractual agreements are not permitted which tend to circumvent the intention of the Maryland General Assembly and provide any holder subject to this Article with a windfall or private escheat practice. The total reported shall be the amount the owner…

.05 Voluntary Reporting. Since the Maryland law is purely custodial, any holder of unclaimed property may voluntarily report funds before the statutory due dates and be relieved of all accountability and responsibility upon delivery of the unclaimed property to this office.

.06 Retirement Accounts. The period of abandonment for accounts established pursuant to 26 U.S.C. §401(a), et seq. (commonly known as Self-Employed Retirement, or Keogh, Plans) and 26 U.S.C. §408(a), et seq. (commonly known as Individual Retirement Accounts or IRA's) may not begi…

.07 Automatically Renewable Certificates of Deposit. The period of abandonment for any property automatically renewable according to its terms that is subject to §§17-301 and 17-308 shall commence after the expiration of its initial term. If, at the time provided for delivery in …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administrator” means the State Comptroller. (2) “State Comptroller”, unless expressly provided otherwise, includes: (a) An employee of the Comptroller acting within the sc…

.02 Examination of Records and Notice of Assessment. A. During normal business hours, the Administrator may examine the records of a person if there is reason to believe that the person failed to report property that should have been reported under Commercial Law Article, Title 1…

.03 Review of a Notice of Assessment for Unclaimed Property. A. Upon receipt of a Notice of Assessment for Unclaimed Property, the person shall promptly: (1) Pay or deliver to the Administrator the abandoned property; (2) File a written Request for Revision; or (3) Commence an ac…

.04 Enforcement by the Administrator. The Administrator may bring any action allowed by law, including but not limited to an enforcement action in the circuit court, to enforce the Notice of Assessment for Unclaimed Property or the Notice of Final Determination, or both.

.01 Personal, Professional, or Insurance Services. A. Except for taxable services set forth in Tax-General Article, §11-101(m), Annotated Code of Maryland, the tax does not apply to a personal, professional, or insurance service that involves a sale as an inconsequential element …

.02 Combined Sales. A. General. A vendor shall compute and impose the tax on the total taxable price of all sales to a buyer in the same licensed business location on the same business day, whether or not at different counters or departments, without regard to the individual taxa…

.03 Repairs of Tangible Personal Property, Digital Codes, Digital Products, and Taxable Services. A. General. (1) The charge for labor to repair or alter existing tangible personal property, a digital code, or a digital product belonging to another for the purpose of restoring th…

.04 Published Material. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) Term Defined — Published Material. (a) “Published material” means any textual or graphic material disseminated to another person or persons through printed, electronic…

.05 Food for Human Consumption. A. In this regulation, the following terms have the meanings indicated: (1) “Premises” means any building, grounds, parking lot, or other area that a food vendor owns or controls or another person makes available primarily for the use of the patron…

.06 Cancelled and Returned Sales. A. A vendor shall refund to a buyer the proportionate amount of sales and use tax that the buyer has paid if a sale is rescinded or cancelled or the property sold is returned to the vendor and the purchase price is wholly or partially repaid or c…

.07 Sales Where It Is Impractical to Establish the Amount of Property to Be Resold. A. Except as provided in §D of this regulation, if at the time of a sale, it is impractical for the buyer to establish the actual amount of the property, digital code, digital product, or taxable …

.08 “Taxable Price” Defined. A. The sales and use tax is computed on the “taxable price” of a transaction subject to the tax. The term “taxable price” is broadly defined by statute to include, with certain specific exceptions, the total consideration for the transaction, which ma…

.09 Sale of Medicines, Medical Supplies, Tobacco Cessation Products, Sickroom Equipment, and Certain Medical Equipment. A. The sales and use tax does not apply to sales of medicines, disposable medical supplies, tobacco cessation products, sickroom equipment, certain medical supp…

.10 Natural and Artificial Gas, Electricity, Steam, Oil, and Coal. A. Consumption in Production Activities or to Produce Snow for Commercial Services. (1) The sale of gas, electricity, steam, oil, or coal, consumed directly and predominantly in a production activity or used to op…

.11 Printing. A. Printed material means material produced by a mechanical process involving the transfer of text, images, or designs to tangible personal property. B. Charges for Printing and Sales of Printed Material. (1) Charges for the printing of tangible personal property by…

.12 Casual and Isolated Sales. The sales and use tax does not apply to a casual and isolated sale by a person who regularly does not sell tangible personal property, a digital code, a digital product or a taxable service if the sale price is less than $1,000 and the sale is not m…

.13 Certain Capital Transactions. A. Certain specific capital transactions are exempted from taxation. B. For the purpose of these exemptions: (1) The term “stock” means equity securities, including any equity security convertible into any other class of equity security, any warr…

.14 Resale Certificates. A. Definitions. (1) In this regulation, the following terms have the meaning indicated. (2) Terms Defined. (a) “Antique” means any item of personal property that: (i) Was made in an earlier period; (ii) Has special value because of its age; and (iii) Is a…

.15 Containers. A. The resale exclusion includes not only the purchase for resale of the particular products or their components but also the containers, cartons, bottles, pallets, packing, and their components sold with these products. B. A vendor may claim the resale exclusion …

.16 Photography. A. The sale of a photograph, photocopy, or blueprint is subject to tax whether delivered to the buyer electronically or in tangible form. When the product is delivered in tangible form, the tax also applies to separately stated charges for portrait photography, m…

.17 Dry Cleaners and Laundries. A. Persons operating dry cleaning establishments and laundries are required to collect the tax on receipts from their services when these services are performed for a person engaged in business, such as restaurants, hotels, motels, beauty shops, ba…

.18 Florists. The tax shall be collected on orders taken by a Maryland florist or nursery to be sent to a second florist or nursery, whether the delivery is to be made within or without the State. A florist or nursery making deliveries pursuant to orders received from another flo…