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 | | *sb0058* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 58 |
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8 | 8 | | Q3 2lr0824 |
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9 | 9 | | (PRE–FILED) CF HB 62 |
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10 | 10 | | By: Senator Klausmeier |
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11 | 11 | | Requested: October 19, 2021 |
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12 | 12 | | Introduced and read first time: January 12, 2022 |
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13 | 13 | | Assigned to: Budget and Taxation |
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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 Long–Term Care Premiums 2 |
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20 | 20 | | (Long–Term Care Relief Act of 2022) 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of altering eligibility for and the maximum amount of a credit against the 4 |
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23 | 23 | | State income tax for certain long–term care insurance premiums paid by a certain 5 |
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24 | 24 | | taxpayer; and generally relating to an income tax credit for eligible long–term care 6 |
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25 | 25 | | premiums. 7 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, with amendments, 8 |
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28 | 28 | | Article – Tax – General 9 |
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29 | 29 | | Section 10–718 10 |
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30 | 30 | | Annotated Code of Maryland 11 |
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31 | 31 | | (2016 Replacement Volume and 2021 Supplement) 12 |
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32 | 32 | | |
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33 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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34 | 34 | | That the Laws of Maryland read as follows: 14 |
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35 | 35 | | |
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36 | 36 | | Article – Tax – General 15 |
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37 | 37 | | |
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38 | 38 | | 10–718. 16 |
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39 | 39 | | |
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40 | 40 | | (a) (1) In this section[, “eligible] THE FOLLOWING WORDS HAVE THE 17 |
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41 | 41 | | MEANINGS INDICATED . 18 |
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42 | 42 | | |
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43 | 43 | | (2) “ELIGIBLE long–term care premiums” means eligible 19 |
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44 | 44 | | long–term care premiums within the meaning of § 213(d)(10) of the Internal Revenue Code 20 |
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45 | 45 | | for a long–term care insurance contract covering an individual who is a Maryland resident. 21 |
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46 | 46 | | 2 SENATE BILL 58 |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | (3) “TAXPAYER” MEANS A TAXPAYER WIT H MARYLAND ADJUSTED 1 |
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50 | 50 | | GROSS INCOME OF LESS THAN $250,000 IN THE TAXABLE YEAR FOR WHICH A CREDIT 2 |
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51 | 51 | | IS CLAIMED UNDER THI S SECTION. 3 |
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52 | 52 | | |
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53 | 53 | | (b) [An individual] SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A 4 |
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54 | 54 | | TAXPAYER may claim a credit against the State income tax in an amount equal to 100% of 5 |
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55 | 55 | | the eligible long–term care premiums paid by the [individual] TAXPAYER during the 6 |
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56 | 56 | | taxable year for long–term care insurance covering the [individual] TAXPAYER or the 7 |
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57 | 57 | | [individual’s] TAXPAYER’S spouse, parent, stepparent, child, or stepchild. 8 |
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58 | 58 | | |
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59 | 59 | | (c) The credit allowed under this section: 9 |
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60 | 60 | | |
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61 | 61 | | (1) [may not exceed $500 for] WITH RESPECT TO each insured 10 |
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62 | 62 | | INDIVIDUAL covered by long–term care insurance for which the [individual] TAXPAYER 11 |
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63 | 63 | | pays the premiums, MAY NOT EXCEED THE L ESSER OF: 12 |
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64 | 64 | | |
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65 | 65 | | (I) 20% OF THE ELIGIBLE LONG –TERM CARE PREMIUMS P AID 13 |
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66 | 66 | | DURING THE TAXABLE Y EAR; OR 14 |
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67 | 67 | | |
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68 | 68 | | (II) $2,000; 15 |
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69 | 69 | | |
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70 | 70 | | (2) may not be claimed by more than one taxpayer with respect to the same 16 |
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71 | 71 | | insured individual; and 17 |
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72 | 72 | | |
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73 | 73 | | (3) may not be claimed with respect to an insured individual if[: 18 |
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74 | 74 | | |
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75 | 75 | | (i)] the insured individual was covered by long–term care insurance 19 |
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76 | 76 | | PURCHASED at any time [before July 1, 2000; or 20 |
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77 | 77 | | |
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78 | 78 | | (ii) the credit has been claimed with respect to that insured 21 |
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79 | 79 | | individual by any taxpayer for any prior taxable year] AFTER DECEMBER 31, 2004. 22 |
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80 | 80 | | |
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81 | 81 | | (d) (1) The total amount of the credit allowed under this section for any taxable 23 |
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82 | 82 | | year may not exceed the State income tax for that taxable year, calculated before 24 |
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83 | 83 | | application of the credits under this section and §§ 10–701 and 10–701.1 of this subtitle, 25 |
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84 | 84 | | but after application of the other credits allowable under this subtitle. 26 |
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85 | 85 | | |
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86 | 86 | | (2) The unused amount of the credit for any taxable year may not be carried 27 |
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87 | 87 | | over to any other taxable year. 28 |
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88 | 88 | | |
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89 | 89 | | (e) The credit allowed under this section does not affect the treatment under this 29 |
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90 | 90 | | title of any deduction or exclusion allowed for federal income tax purposes for the eligible 30 |
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91 | 91 | | long–term care premiums paid by the individual. 31 |
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92 | 92 | | SENATE BILL 58 3 |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | (f) On or before December 1, 2005 and each December 1 thereafter, the 1 |
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96 | 96 | | Comptroller shall report to the Governor and, subject to § 2–1257 of the State Government 2 |
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97 | 97 | | Article, to the General Assembly, regarding the credit allowed under this section, including: 3 |
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98 | 98 | | |
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99 | 99 | | (1) the number of individuals who have claimed the credit, the amount 4 |
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100 | 100 | | allowed as credits, and the additional number of individuals covered by long–term care 5 |
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101 | 101 | | insurance as a result of the credit; and 6 |
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102 | 102 | | |
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103 | 103 | | (2) the savings under the State’s Medical Assistance Program as a result 7 |
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104 | 104 | | of additional individuals being covered by long–term care insurance as a result of the credit. 8 |
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105 | 105 | | |
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106 | 106 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9 |
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107 | 107 | | 1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021. 10 |
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108 | 108 | | |
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