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MD Business Tax Credits

     SAMANTHA DEREMIGIS
      NOVEMBER 27, 2012
Purpose of Review

 Many credits available to offset Maryland tax
 Purpose is to make you aware
Quick References

 Instructions to Form 500 CR
 Maryland Administrative Releases:
    Administrative Release 33 – Tax Credits for Hiring Individuals with
     Disabilities
    Administrative Release 36 – Tax Credit for Cost of Providing
     Commuter Benefits to Employees
    Administrative Release 39 – Long Term Employment of Qualified
     Ex-Felons Tax Credit
    http://www.marylandtaxes.com/publications/bulletins/it/default.as
     p
 A Guide to Business Tax Credits:
    Issued by the Comptroller – PDF guide that contains basic
     information about each available credit
    http://business.marylandtaxes.com/taxinfo/taxcredit/2012_tax_cre
     dit_guide.pdf
Available Credits for Tax Years Beginning in 2012

   Bio-Heating Oil Tax Credit                  Job Creation Tax Credit
   Biotechnology Investment Incentive Tax      Job Creation and Recovery Tax Credit
    Credit                                      Maryland Disability Employment
   Businesses that Create New Jobs              Tax Credit
    Tax Credit                                  Maryland-Mined Coal Tax Credit
   Cellulosic Ethanol Technology Research      One Maryland Economic Development
    and Development Tax Credit                   Tax Credit
   Clean Energy Incentive Tax Credit           Research and Development Tax
   Community Investment Tax Credit              Credit
   Commuter Tax Credit                         Security Clearances – Employers
   Electric Vehicle Supply Equipment Tax        Cost
    Credit                                      Sustainable Communities Tax Credit
   Employer-Provided Long-Term Care            Telecommunications Property Tax Credit
    Insurance Tax Credit                        Work-Based Learning Program Tax
   Enterprise Zone Tax Credit                   Credit
   Film Production Tax Credit
New Credits for 2012

 MD Tax legislation that was passed during the 2012
 session of the General Assembly & signed into law
 created the following new business tax credits:
    Job Creation and Recovery Credit
    Security Clearances – Employer Costs
    Telecommunications Property Tax Credit - repealed
Other Credits

 Bio-Heating Oil Tax Credit
 Biotechnology Investment Incentive Tax Credit
Businesses that Create New Jobs Tax Credit

 May be available for businesses located in Maryland that
    create new positions and establish or expand business
    facilities in the state
   To be eligible for the tax credit, businesses must first have
    been granted a property tax credit by a local government
    of Maryland for creating the new jobs
   The credits are calculated as a percentage of the property
    tax liability on the new or expanded portion of the facility
   The unused credit may be carried forward for the next five tax
    years
   The business must create at least 25 new positions as part of
    the new or expanded business facility
   New positions created must meet specific guidelines
Other Credits

 Cellulosic Ethanol Technology Research and Development
  Tax Credit
 Clean Energy Incentive Tax Credit
Community Investment Tax Credit

 Available to businesses and individuals that
  contribute money, goods, or property worth $500 or
  more to qualified organizations approved projects
 Credit allowed is 50% of the value of the approved
  donation up to a maximum of $250,000
 A copy of the required approval from the state
  must be attached to Form 500CR
Commuter Tax Credit

 Available to Maryland employers, including
    organizations exempt from taxation
   Credit of 50% of the eligible costs paid by employer
   Maximum of $50 per employee, per month
   Must complete the Maryland Commuter Tax
    Registration Form & submit to MTA
   Registration form must be on file before businesses
    file for the credit
   No carryovers to other tax years
Other Credits

 Electric Vehicle Supply Equipment Tax Credit
Employer-Provided Long-Term Care Insurance Tax Credit


 Available for companies that provide long-term care
  insurance benefits to one or more employees during
  the taxable year as part of an employee benefits
  package
 The credit allowed is 5% of the costs, not to exceed
  lesser of $5,000 or $100 per employee
 Unused credit may be carried forward for the next 5
  tax years
Other Credits

 Enterprise Zone Tax Credit
 Film Production Tax Credit
 Job Creation Tax Credit
 Job Creation and Recovery Tax Credit
 Long-Term Employment of Ex-Felons Tax Credit
Maryland Disability Employment Tax Credit

 Credits available to businesses that hire people with
  disabilities including veterans
 Company needs to obtain a determination from
  the state that the individual is a qualified employee
  with a disability
 The credit is allowed for the first two years of
  employment of the disabled individual for both the
  wages paid and the child care or transportation
  expenses paid on behalf of the employee
 Credit currently available through July 1, 2013
Other Credits

 Maryland-Mined Coal Tax Credit
 One Maryland Economic Development Tax Credit
Research & Development Tax Credit

 Available for businesses that incur qualified research
  and development expenses in Maryland
 The total credits for all businesses may not exceed $6
  million per year
 The business must submit an application for the
  credit to the state by September 15 of the year
  following the tax year in which the expenses were
  incurred
 The state will certify the amount of credit available to
  the business by December 15
Security Clearances – Employer Costs

 Can claim a credit for a portion of the costs incurred
    to obtain federal security clearances and to construct
    or renovate certain sensitive compartmented
    information facilities
   The credit can be taken for tax years beginning after
    December 31, 2012 through January 1, 2017
   Must submit an application to the Dept. of Bus.
    and Econ. Development by September 15th of the
    calendar year following the end of the tax year
   Approval by December 15th
   Credit cannot exceed $100,000
Other Credits

 Sustainable Communities Tax Credit
 Telecommunications Property Tax Credit
    Repealed during 2012 special session beginning in tax year 2012
Work Based Learning Program Tax Credit

 Available for businesses that hire students as part of
    an approved work-based learning program in MD
   The businesses must establish a work-based learning
    program and have the program approved by the
    state
   Students must be employed for at least 200 hours
   The credit is 15 percent of the wages paid to each
    student during the taxable year.
   Cumulative credits for all years cannot exceed
    $1,500 per student

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Md business tax credits sld 112612

  • 1. MD Business Tax Credits SAMANTHA DEREMIGIS NOVEMBER 27, 2012
  • 2. Purpose of Review  Many credits available to offset Maryland tax  Purpose is to make you aware
  • 3. Quick References  Instructions to Form 500 CR  Maryland Administrative Releases:  Administrative Release 33 – Tax Credits for Hiring Individuals with Disabilities  Administrative Release 36 – Tax Credit for Cost of Providing Commuter Benefits to Employees  Administrative Release 39 – Long Term Employment of Qualified Ex-Felons Tax Credit  http://www.marylandtaxes.com/publications/bulletins/it/default.as p  A Guide to Business Tax Credits:  Issued by the Comptroller – PDF guide that contains basic information about each available credit  http://business.marylandtaxes.com/taxinfo/taxcredit/2012_tax_cre dit_guide.pdf
  • 4. Available Credits for Tax Years Beginning in 2012  Bio-Heating Oil Tax Credit  Job Creation Tax Credit  Biotechnology Investment Incentive Tax  Job Creation and Recovery Tax Credit Credit  Maryland Disability Employment  Businesses that Create New Jobs Tax Credit Tax Credit  Maryland-Mined Coal Tax Credit  Cellulosic Ethanol Technology Research  One Maryland Economic Development and Development Tax Credit Tax Credit  Clean Energy Incentive Tax Credit  Research and Development Tax  Community Investment Tax Credit Credit  Commuter Tax Credit  Security Clearances – Employers  Electric Vehicle Supply Equipment Tax Cost Credit  Sustainable Communities Tax Credit  Employer-Provided Long-Term Care  Telecommunications Property Tax Credit Insurance Tax Credit  Work-Based Learning Program Tax  Enterprise Zone Tax Credit Credit  Film Production Tax Credit
  • 5. New Credits for 2012  MD Tax legislation that was passed during the 2012 session of the General Assembly & signed into law created the following new business tax credits:  Job Creation and Recovery Credit  Security Clearances – Employer Costs  Telecommunications Property Tax Credit - repealed
  • 6. Other Credits  Bio-Heating Oil Tax Credit  Biotechnology Investment Incentive Tax Credit
  • 7. Businesses that Create New Jobs Tax Credit  May be available for businesses located in Maryland that create new positions and establish or expand business facilities in the state  To be eligible for the tax credit, businesses must first have been granted a property tax credit by a local government of Maryland for creating the new jobs  The credits are calculated as a percentage of the property tax liability on the new or expanded portion of the facility  The unused credit may be carried forward for the next five tax years  The business must create at least 25 new positions as part of the new or expanded business facility  New positions created must meet specific guidelines
  • 8. Other Credits  Cellulosic Ethanol Technology Research and Development Tax Credit  Clean Energy Incentive Tax Credit
  • 9. Community Investment Tax Credit  Available to businesses and individuals that contribute money, goods, or property worth $500 or more to qualified organizations approved projects  Credit allowed is 50% of the value of the approved donation up to a maximum of $250,000  A copy of the required approval from the state must be attached to Form 500CR
  • 10. Commuter Tax Credit  Available to Maryland employers, including organizations exempt from taxation  Credit of 50% of the eligible costs paid by employer  Maximum of $50 per employee, per month  Must complete the Maryland Commuter Tax Registration Form & submit to MTA  Registration form must be on file before businesses file for the credit  No carryovers to other tax years
  • 11. Other Credits  Electric Vehicle Supply Equipment Tax Credit
  • 12. Employer-Provided Long-Term Care Insurance Tax Credit  Available for companies that provide long-term care insurance benefits to one or more employees during the taxable year as part of an employee benefits package  The credit allowed is 5% of the costs, not to exceed lesser of $5,000 or $100 per employee  Unused credit may be carried forward for the next 5 tax years
  • 13. Other Credits  Enterprise Zone Tax Credit  Film Production Tax Credit  Job Creation Tax Credit  Job Creation and Recovery Tax Credit  Long-Term Employment of Ex-Felons Tax Credit
  • 14. Maryland Disability Employment Tax Credit  Credits available to businesses that hire people with disabilities including veterans  Company needs to obtain a determination from the state that the individual is a qualified employee with a disability  The credit is allowed for the first two years of employment of the disabled individual for both the wages paid and the child care or transportation expenses paid on behalf of the employee  Credit currently available through July 1, 2013
  • 15. Other Credits  Maryland-Mined Coal Tax Credit  One Maryland Economic Development Tax Credit
  • 16. Research & Development Tax Credit  Available for businesses that incur qualified research and development expenses in Maryland  The total credits for all businesses may not exceed $6 million per year  The business must submit an application for the credit to the state by September 15 of the year following the tax year in which the expenses were incurred  The state will certify the amount of credit available to the business by December 15
  • 17. Security Clearances – Employer Costs  Can claim a credit for a portion of the costs incurred to obtain federal security clearances and to construct or renovate certain sensitive compartmented information facilities  The credit can be taken for tax years beginning after December 31, 2012 through January 1, 2017  Must submit an application to the Dept. of Bus. and Econ. Development by September 15th of the calendar year following the end of the tax year  Approval by December 15th  Credit cannot exceed $100,000
  • 18. Other Credits  Sustainable Communities Tax Credit  Telecommunications Property Tax Credit  Repealed during 2012 special session beginning in tax year 2012
  • 19. Work Based Learning Program Tax Credit  Available for businesses that hire students as part of an approved work-based learning program in MD  The businesses must establish a work-based learning program and have the program approved by the state  Students must be employed for at least 200 hours  The credit is 15 percent of the wages paid to each student during the taxable year.  Cumulative credits for all years cannot exceed $1,500 per student

Editor's Notes

  1. Just a few new credits to be aware of that were made available during 2011 based on changes in legislation.
  2. The credit may be taken against corporate income tax or personal income taxSole proprietorships, corporations and pass-through entities, such as partnerships, subchapter S corporations, limited liability companies and business trusts may claim the tax credit. Business located in smaller counties (population of 30,000 or less) must create at least 10 new positions.Rules for new positions:Located in MDPart of the new or expanded business facilityPermanentFull-time of indefinite durationFilled for at least one yearThe expanded business facility must be 5,000 square feet or more, and be located in the state of Maryland.An enhanced credit is instead available for businesses that expand or create a new business facility in Maryland of 250,000 square feet or more and: Employ 2,500 employees and create 500 new positions that are paid at least 150% of the minimum wage; or Create 1,250 new positions that are paid at least 150% of the minimum wage. In Montgomery County only, a business can: Spend at least $150 million to obtain at least 700,000 square feet of new or expanded business premises, through the purchase, construction, or lease of a new premises; and Employ at least 1,100 individuals including at least 500 new permanent full-time positions. All of the positions must receive employer provided subsidized health care benefits, be paid at least 150% of the minimum wage, and be located in or neighboring the new, expanded or renovated premises. The business must then apply for and receive certification for a property tax credit from the local government in which the facility is located. The county or city government will notify the State Department of Assessments and Taxation (SDAT) that the property tax credit has been approved. SDAT will calculate and certify the amount of the allowable tax credit to the Comptroller. Credit Percentages: Property Tax Credit: 1st and 2nd tax years – 52% 3rd and 4th tax years – 39% 5th and 6th tax years – 26% Remaining tax years – 0% Credits against the personal or corporate income tax, or the insurance premium tax: 1st and 2nd tax years – 28% 3rd and 4th tax years – 21% 5th and 6th tax years – 14% Remaining tax years – 0% The enhanced property tax credit is a flat percentage of 58.5% for the local property tax credit and 31.5% for the state tax credit in each of the first twelve tax years.
  3. The credit may be taken against corporate income tax or personal income tax. The same credit may not, however, be applied to more than one tax type. Beginning in 2010, individuals, including fiduciaries, who are not business entities may apply for and receive a tax credit for contributions to approved projects. Community Investment Tax Credits support nonprofit organizations by awarding allocations of State tax credits for use as incentives to attract contributions from individuals and businesses to benefit local projects and services. Contributions of services or labor are not eligible. For any individual and/or business taxable year, the sum of all Community Investment Tax Credits, including any carryover credits, may not exceed the lesser of $250,000 or the total amount of tax otherwise payable by the individual and/or business for the taxable year. Excess credits may be carried over for five years.
  4. The tax credit can be taken against the personal income tax, the corporate income tax, or the insurance premium tax. The credit is applicable to transit instruments; MTA passes, fare cards, smart cards or vouchers used by employees to ride publicly or privately owned transit systems except taxi services, Company Vanpool program, Company Guaranteed Ride Home program, Company Cash in Lieu of Parking Program. The employer must pay a portion of the cost of an employee’s travel between the employee’s home and workplace, including the purchase of transit instruments; tickets, passes, vouchers, fare cards, smart cards and tokens. In addition, the workplace must be located in Maryland and travel must take place in either: A mass transit vehicle such as an MTA Bus, MTA Commuter Bus, MTA Light Rail, MARC Train, or other qualified mass transit system; or A vanpool which can seat at least eight adults is used primarily to transport individuals between home and the workplace. Businesses may also qualify for a credit for a portion of the cost paid to their employees for a Guaranteed Ride Home and/or a parking “Cash-Out” program. A tax-exempt organization may estimate the amount of the tax credit for qualifying employees for the tax year. The total amount of the estimated credit should be divided evenly over the number of periods for filing withholding returns, Form MW506. For example, if quarterly returns are required, then the total estimated credit should be divided by four. Each payment to the Comptroller would be reduced by the pro rata amount of the credit. Alternatively, the tax-exempt organization could apply the credit against the tax on unrelated business taxable income.
  5. The credit may be taken against corporate income tax or personal income tax. The same credit may not, however, be applied to more than one tax type.Sole proprietorships, corporations and pass-through entities, such as partnerships, subchapter S corporations, limited liability companies and business trusts may claim the tax credit.
  6. For years ended December 31, 2011, but has 5 year carry forward
  7. Extended by one yearThe credit may be taken against corporate income tax, personal income tax, state and local taxes withheld (for certain tax-exempt organizations only), insurance premiums tax or public service company franchise tax. The same credit may not, however, be applied to more than one tax type.Sole proprietorships, corporations, tax-exempt nonprofit organizations and pass-through entities, such as partnerships, subchapter S corporations, limited liability companies and business trusts may claim the tax credit.The credit may not be claimed if the Employment Opportunity Tax Credit was claimed for the same employee.If the credit is more than the tax liability, the unused credit may be carried forward for the next five tax years.A tax-exempt organization may estimate the amount of the tax credit for qualifying employees for the taxable year. The total amount of the estimated credit should be divided evenly over the number of periods for filing withholding returns (Form MW506). For example, if quarterly returns are required, then the total estimated credit should be divided by four. Each payment to the Comptroller would be reduced by the pro rata amount of the credit.Alternatively, the tax-exempt organization could apply the credit against the tax on unrelated business taxable income.Credit Calculation:First YearWages: 30 percent of the first $6,000 paid in the first year for a maximum allowable credit of $1,800 (20 percent for employees hired before July 1, 2000). Child care or transportation expenses: Up to $600 of expenses paid in the first yearSecond YearWages: 20 percent of the first $6,000 of wages paid in the second year for a maximum allowable credit of $1,200. Child care or transportation expenses: Up to $500 of expenses paid in the second year.
  8. The credit may be taken against corporate income tax or personal income tax.Sole proprietorships, corporations and pass-through entities, such as partnerships, subchapter S corporations, limited liability companies and business trusts may claim the tax credit.How the credit is calculated:There are two types of research and development tax credits available to businesses:Basic Research and Development Credit: 3 percent of the Maryland qualified research and development expenses paid during the tax year, up to the Maryland base amount. Growth Research and Development Credit: 10 percent of the Maryland qualified research and development expenses paid during the year that exceed the Maryland base amount. The Maryland base amount is the average annual gross receipts of the business for the four preceding tax years multiplied by the Maryland base percentage. For most businesses, the Maryland base percentage is the percentage that Maryland research and development expenses for the preceding four tax years is of total gross receipts for those years.If the credit is more than the tax liability, the unused credit may be carried forward for the next seven tax years.
  9. Businesses may be eligible to claim a credit against the State income tax for a portion of the costs incurred to obtain federal security clearances and to construct or renovate certain sensitive compartmented information facilities.TO QUALIFY FOR THE CREDITBusinesses must submit an application to the Department of Business and Economic Development by September 15 of the calendar year following the end of the tax year for which the costs were incurred.The Department of Business and Economic Development shall certify the amount of the approved credit by December 15 of the calendar year following the end of the tax year in which the costs were incurred.The credit can be taken for tax years beginning after December 31, 2012, but before January 1, 2017.The Department of Business and Economic Development may not exceed $2 million in credits for any calendar year.HOW THE CREDIT IS CALCULATEDThe credit is based on a limited amount of expenditures and costs for security clearance administrative expenses, not exceed $100,000; Construction and equipment costs to construct or renovate a single Sensitive Compartmented Information Facility not exceed $100,000; The total amount of construction and equipment costs incurred to construct or renovate multiple Sensitive Compartmented Information Facilities may not exceed $250,000.DOCUMENTATION REQUIREDA copy of the certification received from the Maryland Department of Business and Economic Development must be submitted with the income tax return.Corporation: Form 500CR, Maryland Business Income Tax Credits must be completed and submitted with Form 500X, Maryland Amended Corporation Income Tax Return, along with the certification received from DBED.Individual: Form 500CR must be completed and submitted with the amended income tax return, Form 502X, Amended Maryland Tax Return.Pass-Through Entity: Form 500CR must be prepared for the pass-through entity and submitted with Form 510, Maryland Pass-Through Entity Income Tax Return, in addition to Form 510 Schedule K-1, which separately states each member’s share of thecredit.
  10. The credit may be claimed only for tax years beginning after December 31, 2008.The tax credit is in effect for five years and ends June 30, 2013.The credit may be taken against corporate income tax or insurance premium tax. The same credit may not, however, be applied to more than one tax type.Sole proprietorships, corporations and pass-through entities, such as partnerships, subchapter S corporations, limited liability companies and business trusts may claim the tax credit.The business must also hire at least one student for placement in the program who is at least 16, but less than 23 years old or who turns 23 years old while in the program, and is enrolled in a public or private secondary or post-secondary school in Maryland.If the credit is more than the tax liability, the unused credit may be carried forward for the next five tax years.