Maryland 2022 Regular Session

Maryland Senate Bill SB58 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0058*
66
77 SENATE BILL 58
88 Q3 2lr0824
99 (PRE–FILED) CF HB 62
1010 By: Senator Klausmeier
1111 Requested: October 19, 2021
1212 Introduced and read first time: January 12, 2022
1313 Assigned to: Budget and Taxation
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Income Tax – Credit for Long–Term Care Premiums 2
2020 (Long–Term Care Relief Act of 2022) 3
2121
2222 FOR the purpose of altering eligibility for and the maximum amount of a credit against the 4
2323 State income tax for certain long–term care insurance premiums paid by a certain 5
2424 taxpayer; and generally relating to an income tax credit for eligible long–term care 6
2525 premiums. 7
2626
2727 BY repealing and reenacting, with amendments, 8
2828 Article – Tax – General 9
2929 Section 10–718 10
3030 Annotated Code of Maryland 11
3131 (2016 Replacement Volume and 2021 Supplement) 12
3232
3333 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3434 That the Laws of Maryland read as follows: 14
3535
3636 Article – Tax – General 15
3737
3838 10–718. 16
3939
4040 (a) (1) In this section[, “eligible] THE FOLLOWING WORDS HAVE THE 17
4141 MEANINGS INDICATED . 18
4242
4343 (2) “ELIGIBLE long–term care premiums” means eligible 19
4444 long–term care premiums within the meaning of § 213(d)(10) of the Internal Revenue Code 20
4545 for a long–term care insurance contract covering an individual who is a Maryland resident. 21
4646 2 SENATE BILL 58
4747
4848
4949 (3) “TAXPAYER” MEANS A TAXPAYER WIT H MARYLAND ADJUSTED 1
5050 GROSS INCOME OF LESS THAN $250,000 IN THE TAXABLE YEAR FOR WHICH A CREDIT 2
5151 IS CLAIMED UNDER THI S SECTION. 3
5252
5353 (b) [An individual] SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A 4
5454 TAXPAYER may claim a credit against the State income tax in an amount equal to 100% of 5
5555 the eligible long–term care premiums paid by the [individual] TAXPAYER during the 6
5656 taxable year for long–term care insurance covering the [individual] TAXPAYER or the 7
5757 [individual’s] TAXPAYER’S spouse, parent, stepparent, child, or stepchild. 8
5858
5959 (c) The credit allowed under this section: 9
6060
6161 (1) [may not exceed $500 for] WITH RESPECT TO each insured 10
6262 INDIVIDUAL covered by long–term care insurance for which the [individual] TAXPAYER 11
6363 pays the premiums, MAY NOT EXCEED THE L ESSER OF: 12
6464
6565 (I) 20% OF THE ELIGIBLE LONG –TERM CARE PREMIUMS P AID 13
6666 DURING THE TAXABLE Y EAR; OR 14
6767
6868 (II) $2,000; 15
6969
7070 (2) may not be claimed by more than one taxpayer with respect to the same 16
7171 insured individual; and 17
7272
7373 (3) may not be claimed with respect to an insured individual if[: 18
7474
7575 (i)] the insured individual was covered by long–term care insurance 19
7676 PURCHASED at any time [before July 1, 2000; or 20
7777
7878 (ii) the credit has been claimed with respect to that insured 21
7979 individual by any taxpayer for any prior taxable year] AFTER DECEMBER 31, 2004. 22
8080
8181 (d) (1) The total amount of the credit allowed under this section for any taxable 23
8282 year may not exceed the State income tax for that taxable year, calculated before 24
8383 application of the credits under this section and §§ 10–701 and 10–701.1 of this subtitle, 25
8484 but after application of the other credits allowable under this subtitle. 26
8585
8686 (2) The unused amount of the credit for any taxable year may not be carried 27
8787 over to any other taxable year. 28
8888
8989 (e) The credit allowed under this section does not affect the treatment under this 29
9090 title of any deduction or exclusion allowed for federal income tax purposes for the eligible 30
9191 long–term care premiums paid by the individual. 31
9292 SENATE BILL 58 3
9393
9494
9595 (f) On or before December 1, 2005 and each December 1 thereafter, the 1
9696 Comptroller shall report to the Governor and, subject to § 2–1257 of the State Government 2
9797 Article, to the General Assembly, regarding the credit allowed under this section, including: 3
9898
9999 (1) the number of individuals who have claimed the credit, the amount 4
100100 allowed as credits, and the additional number of individuals covered by long–term care 5
101101 insurance as a result of the credit; and 6
102102
103103 (2) the savings under the State’s Medical Assistance Program as a result 7
104104 of additional individuals being covered by long–term care insurance as a result of the credit. 8
105105
106106 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
107107 1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021. 10
108108