Corporate Income Tax - Single Sales Factor Apportionment - Deferred Tax Relief
Impact
The implementation of HB 321 is expected to reshape how corporations in Maryland calculate their state tax obligations concerning deferred taxes. By allowing a subtraction modification for specific financial adjustments, the bill seeks to offer relief to corporations that may face heightened tax burdens due to regulatory changes enacted by the General Assembly. The provisions included may stimulate corporate investment within the state by reducing effective tax rates, which could ultimately contribute to economic growth and job creation. However, there are concerns about how this tax relief may impact state revenues.
Summary
House Bill 321 aims to amend the Maryland corporate income tax structure by introducing provisions for a subtraction modification that relates specifically to gains or losses from changes in a corporation's deferred tax assets and liabilities. This bill is particularly applicable to corporations that were publicly traded or affiliated with publicly traded entities as of April 24, 2018. The bill is structured to provide tax relief by allowing corporations to offset increases in deferred tax liabilities or decreases in deferred tax assets, thereby determining their Maryland modified income more favorably. The modifications are set to take effect starting from July 1, 2022.
Contention
There are notable points of contention surrounding HB 321, particularly regarding how the tax modification may create disparities between various corporations based on their tax obligations and accounting practices. Critics may argue that the bill could disproportionately benefit larger, publicly traded companies at the expense of smaller businesses that lack similar resources or leverage in financial positioning. Moreover, there is concern about the transparency of how these modifications will be reviewed and altered by the state's Comptroller, as it raises questions about the consistency of tax enforcement across the corporate sector.
Providing for the apportionment of business income by the single sales factor and the apportionment of financial institution income by the receipts factor, deductions from income when using the single sales factor and receipts factor and the decrease in corporate income tax rates.
Providing for the apportionment of business income by the single sales factor and the apportionment of financial institution income by the receipts factor, deductions from income when using the single sales factor and receipts factor, the decrease in corporate income tax rates determining when sales other than tangible personal property are made in the state and excluding sales of a unitary business group of electric and natural gas public utilities.