1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1284* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1284 |
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8 | 8 | | Q3 2lr1199 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Rose, Buckel, Chisholm, Hartman, Howard, Kipke, Kittleman, |
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11 | 11 | | Krebs, McComas, Reilly, Saab, Shoemaker, Szeliga, and Thiam |
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12 | 12 | | Introduced and read first time: February 11, 2022 |
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13 | 13 | | Assigned to: Ways and Means |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Income Tax – Credit for Cybersecurity Measures Undertaken by Small 2 |
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20 | 20 | | Businesses 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of authorizing a credit against the State income tax for a certain small 4 |
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23 | 23 | | business for costs incurred by the small business during the taxable year for certain 5 |
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24 | 24 | | cybersecurity measures undertaken by the small business; making the credit 6 |
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25 | 25 | | refundable; and generally relating to a credit against the State income tax for 7 |
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26 | 26 | | cybersecurity measures undertaken by small businesses. 8 |
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27 | 27 | | |
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28 | 28 | | BY adding to 9 |
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29 | 29 | | Article – Tax – General 10 |
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30 | 30 | | Section 10–754 11 |
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31 | 31 | | Annotated Code of Maryland 12 |
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32 | 32 | | (2016 Replacement Volume and 2021 Supplement) 13 |
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33 | 33 | | |
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34 | 34 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 |
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35 | 35 | | That the Laws of Maryland read as follows: 15 |
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36 | 36 | | |
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37 | 37 | | Article – Tax – General 16 |
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38 | 38 | | |
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39 | 39 | | 10–754. 17 |
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40 | 40 | | |
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41 | 41 | | (A) (1) IN THIS SECTION , “SMALL BUSINESS ” MEANS A BUSINESS 18 |
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42 | 42 | | CONDUCTED BY AN INDIVIDUAL , A PARTNERSHIP , A LIMITED PARTNERSHI P, A 19 |
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43 | 43 | | LIMITED LIABILITY PA RTNERSHIP, A LIMITED LIABILITY COMPANY, OR A 20 |
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44 | 44 | | CORPORATION THAT EMP LOYS 50 OR FEWER EMPLOYEES . 21 |
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45 | 45 | | |
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46 | 46 | | (2) “SMALL BUSINESS ” INCLUDES A BUSINESS THAT DOES NOT 22 |
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47 | 47 | | EMPLOY ANY EMPLOYEES . 23 2 HOUSE BILL 1284 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | (B) A SMALL BUSINESS MAY C LAIM A CREDIT AGAINS T THE STATE INCOME 1 |
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52 | 52 | | TAX IN AN AMOUNT EQUAL T O THE ACTUAL COSTS INCURRED BY TH E SMALL 2 |
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53 | 53 | | BUSINESS DURING THE TAXABLE YEAR : 3 |
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54 | 54 | | |
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55 | 55 | | (1) TO CONDUCT A N INITIAL CYBERSECURITY RISK A SSESSMENT AND 4 |
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56 | 56 | | IMPLEMENT RECOMMENDA TIONS RESULTING FROM THE ASSESSMENT , NOT TO 5 |
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57 | 57 | | EXCEED $1,000; OR 6 |
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58 | 58 | | |
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59 | 59 | | (2) FOR RECURRING CYBERSECURITY MEASURES UNDERTAKEN BY 7 |
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60 | 60 | | THE SMALL BUSINESS , INCLUDING CYBERSECUR ITY RISK ASSESSMENTS OTHER 8 |
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61 | 61 | | THAN AN INITIA L ASSESSMENT UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 9 |
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62 | 62 | | ANTIVIRUS SOFTWARE , MULTIFACTOR AUTHENTI CATION, AND DATA ENCRYPTION , 10 |
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63 | 63 | | NOT TO EXCEED $500. 11 |
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64 | 64 | | |
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65 | 65 | | (C) IF THE CREDIT ALLOWED UNDER THIS SECTION I N ANY TAXABLE YEAR 12 |
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66 | 66 | | EXCEEDS THE STATE INCOME TAX FOR THAT TAXABLE YEAR , THE SMALL BUSINESS 13 |
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67 | 67 | | MAY CLAIM A REFUND I N THE AMOUNT OF THE EXCESS. 14 |
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68 | 68 | | |
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69 | 69 | | (D) TO CLAIM THE CREDIT A LLOWED UNDER THIS SE CTION, THE SMALL 15 |
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70 | 70 | | BUSINESS SHALL ATTACH TO THE SMALL BUSINESS ’S INCOME TAX RETURN OR 16 |
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71 | 71 | | OTHERWISE FILE WITH THE COMPTROLLER PROOF OF THE COSTS I NCURRED BY THE 17 |
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72 | 72 | | SMALL BUSINESS FOR WHICH THE SMALL BUSI NESS MAY CLAIM THE C REDIT UNDER 18 |
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73 | 73 | | THIS SECTION. 19 |
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74 | 74 | | |
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75 | 75 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 |
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76 | 76 | | 1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021. 21 |
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