There are four (4) main questions to determine whether the Trust is subject to state income taxes as a resident trust.
A Trust may be considered a non-resident trust. Generally, if a Trust is not considered a resident trust, then it is a non-resident trust which is subject to income tax to the extent the Trust generates state sourced income from an activity earning income within the state, such as a rental activities or business interests.
As mentioned in our previous post, the Supreme Court recently ruled that Maryland’s tax law for income earned outside of the state is unconstitutional. Each year, Maryland residents pay a Maryland state income tax and a local income tax based on the county in which they reside. Prior to this decision, Maryland residents who earned income from states outside of Maryland were only allowed to claim a tax credit against the Maryland state tax. With the Supreme Court ruling, Maryland residents who pay taxes to other states for income earned from outside of Maryland will now be able to claim a tax credit against not only their Maryland state tax, but also the local county tax.
Should I file an amended return?
If you are a Maryland resident who has been paying taxes to states outside of Maryland, the first step to determining if you should file an amended return is to review the your previously filed returns and see if the tax credit was limited. This can be determined by looking at the Form 502CR filed for each state and comparing the allowed credit (Line 8) versus the total taxes paid to the other state (Line 7). If the allowed credit is equal to the taxes paid, your credit was not previously limited and no amended return needs to be filed. However, if the allowed credit is less than the actual taxes paid to the other state, then you may want to file an amended return as the credit will increase.
On Monday, May 18th, the Supreme Court ruled that Maryland’s income tax law for income earned outside of the state is unconstitutional. The court voted 5-4 to affirm a 2013 Maryland Court of Appeals decision. The case specifically addressed Maryland’s denial of credits against the MD county income tax, otherwise known as the ‘piggy-back’ local tax. Going forward, residents who earn out-of-state income from certain businesses/sources will be able to claim a credit against the county taxes paid, too. This decision may cost Maryland an estimated $42 million a year in revenue.
The Maryland General Assembly has released more details about the Maryland Tax Amnesty Program. This program waives all civil penalties and one half of the interest for delinquent taxpayers who apply and are approved. We shared some information about the Tax Amnesty Program in April. To read more about the program and how it may affect you, visit taxes.maryland.com.
For Maryland individuals and corporations past due on filing Maryland tax returns and paying Maryland taxes, the Maryland legislature has passed a tax amnesty bill which is awaiting the governor’s signature. The amnesty will apply to corporate and individual income taxes, withholding tax, sales and use tax or admissions and amusement tax and will waive all penalties and one half of the interest due. Although the bill takes effect June 1, 2015, the amnesty period will be starting on September 1, 2015 and run through October 31, 2015. See Senate Bill 763 for more information.