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 | | *sb0422* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 422 |
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8 | 8 | | Q3 4lr1915 |
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9 | 9 | | |
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10 | 10 | | By: Senator Rosapepe |
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11 | 11 | | Introduced and read first time: January 19, 2024 |
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12 | 12 | | Assigned to: Budget and Taxation |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Income Tax – Subtraction Modification – Foreign Service Retirement Income 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of allowing a subtraction modification under the Maryland income tax for 3 |
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21 | 21 | | certain foreign service retirement income received by an individual during the 4 |
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22 | 22 | | taxable year; providing that foreign service retirement income that is included in the 5 |
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23 | 23 | | subtraction allowed under this Act may not be taken into account for purposes of a 6 |
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24 | 24 | | certain subtraction modification under the Maryland income tax for certain 7 |
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25 | 25 | | retirement income; and generally relating to a subtraction modification under the 8 |
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26 | 26 | | Maryland income tax for foreign service retirement income. 9 |
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27 | 27 | | |
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28 | 28 | | BY repealing and reenacting, without amendments, 10 |
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29 | 29 | | Article – Tax – General 11 |
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30 | 30 | | Section 10–207(a) 12 |
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31 | 31 | | Annotated Code of Maryland 13 |
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32 | 32 | | (2022 Replacement Volume and 2023 Supplement) 14 |
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33 | 33 | | |
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34 | 34 | | BY adding to 15 |
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35 | 35 | | Article – Tax – General 16 |
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36 | 36 | | Section 10–207(pp) 17 |
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37 | 37 | | Annotated Code of Maryland 18 |
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38 | 38 | | (2022 Replacement Volume and 2023 Supplement) 19 |
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39 | 39 | | |
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40 | 40 | | BY repealing and reenacting, with amendments, 20 |
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41 | 41 | | Article – Tax – General 21 |
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42 | 42 | | Section 10–209(d) 22 |
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43 | 43 | | Annotated Code of Maryland 23 |
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44 | 44 | | (2022 Replacement Volume and 2023 Supplement) 24 |
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45 | 45 | | |
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46 | 46 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 |
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47 | 47 | | That the Laws of Maryland read as follows: 26 |
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48 | 48 | | 2 SENATE BILL 422 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | Article – Tax – General 1 |
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52 | 52 | | |
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53 | 53 | | 10–207. 2 |
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54 | 54 | | |
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55 | 55 | | (a) To the extent included in federal adjusted gross income, the amounts under 3 |
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56 | 56 | | this section are subtracted from the federal adjusted gross income of a resident to determine 4 |
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57 | 57 | | Maryland adjusted gross income. 5 |
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58 | 58 | | |
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59 | 59 | | (PP) (1) IN THIS SUBSECTION , “FOREIGN SERVICE RETIREMENT INCOME ” 6 |
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60 | 60 | | MEANS RETIREMENT INC OME FROM THE FOREIGN SERVICE RETIREMENT AND 7 |
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61 | 61 | | DISABILITY SYSTEM OR THE FOREIGN SERVICE PENSION SYSTEM RECEIVED AS A 8 |
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62 | 62 | | RESULT OF EMPLOYMENT IN THE FOREIGN SERVICE OF THE UNITED STATES. 9 |
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63 | 63 | | |
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64 | 64 | | (2) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SECTION 10 |
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65 | 65 | | INCLUDES: 11 |
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66 | 66 | | |
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67 | 67 | | (I) IF, ON THE LAST DAY OF T HE TAXABLE YEAR , THE 12 |
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68 | 68 | | INDIVIDUAL IS UNDER THE AGE OF 55 YEARS, THE FIRST $12,500 OF FOREIGN 13 |
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69 | 69 | | SERVICE RETIREMENT INCOME RE CEIVED BY AN INDIVID UAL DURING THE TAXAB LE 14 |
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70 | 70 | | YEAR; AND 15 |
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71 | 71 | | |
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72 | 72 | | (II) IF, ON THE LAST DAY OF T HE TAXABLE YEAR , THE 16 |
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73 | 73 | | INDIVIDUAL IS AT LEA ST 55 YEARS OLD, THE FIRST $20,000 OF FOREIGN SERVICE 17 |
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74 | 74 | | RETIREMENT INCOME RE CEIVED BY AN INDIVID UAL DURING THE TAXAB LE YEAR. 18 |
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75 | 75 | | |
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76 | 76 | | 10–209. 19 |
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77 | 77 | | |
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78 | 78 | | (d) (1) Military retirement income that is included in the subtraction under § 20 |
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79 | 79 | | 10–207(q) of this subtitle may not be taken into account for purposes of the subtraction 21 |
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80 | 80 | | under this section. 22 |
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81 | 81 | | |
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82 | 82 | | (2) Public safety employee retirement income that is included in the 23 |
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83 | 83 | | subtraction under § 10–207(mm) of this subtitle may not be taken into account for purposes 24 |
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84 | 84 | | of the subtraction under this section. 25 |
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85 | 85 | | |
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86 | 86 | | (3) FOREIGN SERVICE RETIR EMENT INCOME THAT IS INCLUDED IN 26 |
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87 | 87 | | THE SUBTRACTION UNDE R § 10–207(PP) OF THIS SUBTITLE MAY NOT BE TAKEN INTO 27 |
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88 | 88 | | ACCOUNT FOR PURPOSES OF THE SUBTRACTION U NDER THIS SECTION. 28 |
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89 | 89 | | |
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90 | 90 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29 |
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91 | 91 | | 1, 2024, and shall be applicable to all taxable years beginning after December 31, 2023. 30 |
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