Maryland 2023 Regular Session

Maryland Senate Bill SB240

Introduced
1/24/23  
Refer
1/24/23  
Report Pass
4/7/23  
Engrossed
4/7/23  
Refer
4/8/23  
Refer
4/8/23  
Report Pass
4/10/23  
Enrolled
4/10/23  
Chaptered
5/8/23  

Caption

Income Tax – Out–of–State Taxes Paid by Pass–Through Entities – Addition Modification

Impact

If enacted, SB240 would have a notable impact on state income tax calculations for many businesses and individuals who are part of pass-through entities. It introduces a more equitable tax structure for those who derive income from operations in multiple states, allowing them to deduct the taxes paid to other states from their Maryland tax obligations. This change is expected to enhance the business climate in Maryland by encouraging more companies to operate within the state without the fear of being taxed twice on the same income.

Summary

Senate Bill 240 focuses on modifying the Maryland income tax regulations pertaining to pass-through entities, which include S corporations, partnerships, and limited liability companies. The bill primarily provides an adjustment in taxation for income taxes paid to other states by these entities. By allowing residents to claim a credit for taxes paid to another state based on their distributive share of income, the bill aims to avoid double taxation on income earned outside of Maryland, thus offering relief to members of pass-through entities operating across state lines.

Sentiment

The sentiment surrounding SB240 is generally positive among business advocacy groups and members of the General Assembly who believe it will promote economic growth and improve competitiveness for Maryland businesses. Supporters highlight the importance of adapting tax policies to reflect the realities of interstate commerce. However, there are concerns from some lawmakers about the potential long-term implications for the state’s tax revenue and the fairness of the tax benefits skewed toward higher earners or businesses with cross-state operations.

Contention

Notable points of contention include the possible unintended consequences of extending tax credits, which may disproportionately benefit certain sectors or contribute to a decrease in overall tax revenues for the state. Legislators opposed to the bill argue that it could complicate tax administration and lead to a loss of revenue needed for state programs. The debate reflects broader tensions between fostering a favorable business environment and ensuring fair tax revenue collection within Maryland's state budget.

Companion Bills

No companion bills found.

Previously Filed As

MD SB692

Income tax, state; pass-through entities, elective tax.

MD HB1121

Income tax, state; pass-through entities, elective tax.

MD HB401

Income tax, state; pass-through entities.

MD SB361

Income Tax - Carried Interest - Additional Tax

MD SB0244

Modifications to Income Tax

MD HB1456

Income tax, state; pass-through entities.

MD SB1476

Income tax, state; pass-through entities.

MD SB496

Allowing tax pass through entities to pay state and local taxes at entity level

MD B26-0324

Pass-Through Entities Income Tax and Tax Credit on Certain S Corporations and Partnerships Amendment Act of 2025

MD SB0002

Taxation of pass through entities.

Similar Bills

No similar bills found.