Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 732 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 732 | |
5 | - | (Senate Bill 675) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0675* | |
8 | 9 | ||
9 | - | Individual Tax Preparers – Code of Ethics, Notification of Actions, Enforcement, | |
10 | - | and Penalties | |
11 | - | (Stop Scam Tax Preparers Act) | |
10 | + | SENATE BILL 675 | |
11 | + | C3, Q7 4lr2992 | |
12 | + | CF HB 452 | |
13 | + | By: The President (By Request – Office of the Comptroller) | |
14 | + | Introduced and read first time: January 29, 2024 | |
15 | + | Assigned to: Education, Energy, and the Environment and Budget and Taxation | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: February 29, 2024 | |
12 | 19 | ||
13 | - | FOR the purpose of requiring the State Board of Individual Tax Preparers, on or before a | |
14 | - | certain date, to publish on the Board’s website a certain code of ethics and certain | |
15 | - | rules of professional conduct; requiring the Board to notify the Comptroller within a | |
16 | - | certain period of time of certain actions for violations of provisions of law governing | |
17 | - | individual tax preparers; requiring the Board to notify the Field Enforcement | |
18 | - | Bureau of the Comptroller’s Office of certain alleged violations within a certain | |
19 | - | period of time; granting certain employees of the Bureau certain powers, duties, and | |
20 | - | responsibilities for enforcing laws pertaining to income tax preparation; requiring | |
21 | - | the Comptroller to notify the Board within a certain period of time if the Comptroller | |
22 | - | prohibits an income tax return preparer from submitting income tax returns | |
23 | - | electronically; prohibiting an income tax return preparer from preparing, assisting | |
24 | - | in preparing, or causing the preparation of an income tax return or claim for refund | |
25 | - | in a certain manner; requiring certain fines imposed under this Act to be paid to the | |
26 | - | Tax Clinics for Low–Income Marylanders Fund; and generally relating to income tax | |
27 | - | preparation. | |
20 | + | CHAPTER ______ | |
28 | 21 | ||
29 | - | BY repealing and reenacting, without amendments, | |
30 | - | Article – Business Occupations and Professions | |
31 | - | Section 21–205(b)(1) | |
32 | - | Annotated Code of Maryland | |
33 | - | (2018 Replacement Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
34 | 23 | ||
35 | - | BY adding to | |
36 | - | Article – Business Occupations and Professions | |
37 | - | Section 21–205(c) | |
38 | - | Annotated Code of Maryland | |
39 | - | (2018 Replacement Volume and 2023 Supplement) | |
24 | + | Individual Tax Preparers – Code of Ethics, Notification of Actions, Enforcement, 2 | |
25 | + | and Penalties 3 | |
26 | + | (Stop Scam Tax Preparers Act) 4 | |
40 | 27 | ||
41 | - | BY repealing and reenacting, with amendments, | |
42 | - | Article – Business Occupations and Professions | |
43 | - | Section 21–206 and 21–401 | |
44 | - | Annotated Code of Maryland | |
45 | - | (2018 Replacement Volume and 2023 Supplement) | |
28 | + | FOR the purpose of requiring the State Board of Individual Tax Preparers, on or before a 5 | |
29 | + | certain date, to publish on the Board’s website a certain code of ethics and certain 6 | |
30 | + | rules of professional conduct; requiring the Board to notify the Comptroller within a 7 | |
31 | + | certain period of time of certain actions for violations of provisions of law governing 8 | |
32 | + | individual tax preparers; requiring the Board to notify the Field Enforcement 9 | |
33 | + | Bureau of the Comptroller’s Office of certain alleged violations within a certain 10 | |
34 | + | period of time; granting certain employees of the Bureau certain powers, duties, and 11 | |
35 | + | responsibilities for enforcing laws pertaining to income tax preparation; requiring 12 | |
36 | + | the Comptroller to notify the Board within a certain period of time if the Comptroller 13 | |
37 | + | prohibits an income tax return preparer from submitting income tax returns 14 | |
38 | + | electronically; prohibiting an income tax return preparer from preparing, assisting 15 | |
39 | + | in preparing, or causing the preparation of an income tax return or claim for refund 16 | |
40 | + | in a certain manner; requiring certain fines imposed under this Act to be paid to the 17 | |
41 | + | Tax Clinics for Low–Income Marylanders Fund; and generally relating to income tax 18 | |
42 | + | preparation. 19 | |
46 | 43 | ||
47 | - | BY repealing and reenacting, without amendments, | |
48 | - | Article – Tax – General | |
49 | - | Section 1–207(b) and (c) Ch. 732 2024 LAWS OF MARYLAND | |
44 | + | BY repealing and reenacting, without amendments, 20 | |
45 | + | Article – Business Occupations and Professions 21 | |
46 | + | Section 21–205(b)(1) 22 | |
47 | + | Annotated Code of Maryland 23 | |
48 | + | (2018 Replacement Volume and 2023 Supplement) 24 2 SENATE BILL 675 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | - | Annotated Code of Maryland | |
53 | - | (2022 Replacement Volume and 2023 Supplement) | |
54 | 50 | ||
55 | - | BY repealing and reenacting, with amendments, | |
56 | - | Article – Tax – General | |
57 | - | Section 1–207(f), 2–107(a)(2)(ii), 10–824, and 13–1004 | |
58 | - | Annotated Code of Maryland | |
59 | - | (2022 Replacement Volume and 2023 Supplement) | |
60 | 51 | ||
61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
62 | - | That the Laws of Maryland read as follows: | |
52 | + | BY adding to 1 | |
53 | + | Article – Business Occupations and Professions 2 | |
54 | + | Section 21–205(c) 3 | |
55 | + | Annotated Code of Maryland 4 | |
56 | + | (2018 Replacement Volume and 2023 Supplement) 5 | |
63 | 57 | ||
64 | - | Article – Business Occupations and Professions | |
58 | + | BY repealing and reenacting, with amendments, 6 | |
59 | + | Article – Business Occupations and Professions 7 | |
60 | + | Section 21–206 and 21–401 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2018 Replacement Volume and 2023 Supplement) 10 | |
65 | 63 | ||
66 | - | 21–205. | |
64 | + | BY repealing and reenacting, without amendments, 11 | |
65 | + | Article – Tax – General 12 | |
66 | + | Section 1–207(b) and (c) 13 | |
67 | + | Annotated Code of Maryland 14 | |
68 | + | (2022 Replacement Volume and 2023 Supplement) 15 | |
67 | 69 | ||
68 | - | (b) In addition to any duties set forth elsewhere, the Board shall: | |
70 | + | BY repealing and reenacting, with amendments, 16 | |
71 | + | Article – Tax – General 17 | |
72 | + | Section 1–207(f), 2–107(a)(2)(ii), 10–824, and 13–1004 18 | |
73 | + | Annotated Code of Maryland 19 | |
74 | + | (2022 Replacement Volume and 2023 Supplement) 20 | |
69 | 75 | ||
70 | - | | |
71 | - | ||
76 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
77 | + | That the Laws of Maryland read as follows: 22 | |
72 | 78 | ||
73 | - | (C) ON OR BEFORE JANUARY 1, 2026, AFTER ALLOWING FOR PUBLIC IN PUT | |
74 | - | BY THE TAX PREPARER COMMUNITY , THE BOARD SHALL PUBLISH O N THE BOARD’S | |
75 | - | WEBSITE A CODE OF ET HICS AND RULES OF PR OFESSIONAL CONDUCT F OR | |
76 | - | ENGAGING IN THE PRAC TICE OF INDIVIDUAL T AX PREPARATION . | |
79 | + | Article – Business Occupations and Professions 23 | |
77 | 80 | ||
78 | - | 21– | |
81 | + | 21–205. 24 | |
79 | 82 | ||
80 | - | ( | |
83 | + | (b) In addition to any duties set forth elsewhere, the Board shall: 25 | |
81 | 84 | ||
82 | - | (b) On receipt of the results of an investigation made under this section, the Board | |
83 | - | shall promptly take action that is appropriate under this title to ensure compliance with | |
84 | - | this title. | |
85 | + | (1) adopt rules of professional conduct as appropriate to establish a high 26 | |
86 | + | standard of integrity and dignity for the practice of individual tax preparation; 27 | |
85 | 87 | ||
86 | - | (c) | |
87 | - | ||
88 | - | ||
89 | - | ||
88 | + | (C) ON OR BEFORE JANUARY 1, 2026, AFTER ALLOWING FOR P UBLIC INPUT 28 | |
89 | + | BY THE TAX PREPARER COMMUNITY , THE BOARD SHALL PUBLISH O N THE BOARD’S 29 | |
90 | + | WEBSITE A CODE OF ET HICS AND RULES OF PR OFESSIONAL CONDUCT F OR 30 | |
91 | + | ENGAGING IN THE PRACTICE O F INDIVIDUAL TAX PRE PARATION. 31 | |
90 | 92 | ||
91 | - | (2) In seeking an injunction under this subsection, the Board is not | |
92 | - | required to: | |
93 | + | 21–206. 32 | |
93 | 94 | ||
94 | - | (i) post bond; | |
95 | + | (a) The Board may investigate a complaint that alleges a violation of this title. 33 | |
96 | + | SENATE BILL 675 3 | |
95 | 97 | ||
96 | - | (ii) allege or prove that an adequate remedy at law does not exist; or | |
97 | - | WES MOORE, Governor Ch. 732 | |
98 | 98 | ||
99 | - | ||
100 | - | ||
101 | - | ||
99 | + | (b) On receipt of the results of an investigation made under this section, the Board 1 | |
100 | + | shall promptly take action that is appropriate under this title to ensure compliance with 2 | |
101 | + | this title. 3 | |
102 | 102 | ||
103 | - | ( | |
104 | - | ||
105 | - | ||
106 | - | ||
103 | + | (c) (1) If the Board concludes that conduct alleged to be in violation of this title 4 | |
104 | + | will result in harm to a resident of the State, the Board may seek a permanent or temporary 5 | |
105 | + | injunction with respect to the conduct from the circuit court of the county in which the 6 | |
106 | + | alleged violation occurs. 7 | |
107 | 107 | ||
108 | - | ||
109 | - | ||
108 | + | (2) In seeking an injunction under this subsection, the Board is not 8 | |
109 | + | required to: 9 | |
110 | 110 | ||
111 | - | (d) The Board, or a hearing officer designated by the Board, may administer | |
112 | - | oaths, hold hearings, and take testimony about all matters within the jurisdiction of the | |
113 | - | Board. | |
111 | + | (i) post bond; 10 | |
114 | 112 | ||
115 | - | (e) (1) The Board or its designee may issue a subpoena for the attendance of a | |
116 | - | witness to testify or the production of evidence in connection with: | |
113 | + | (ii) allege or prove that an adequate remedy at law does not exist; or 11 | |
117 | 114 | ||
118 | - | (i) a disciplinary action brought under this title; or | |
115 | + | (iii) allege or prove that substantial or irreparable damage would 12 | |
116 | + | result from the continued violation. 13 | |
119 | 117 | ||
120 | - | (ii) a proceeding brought for an alleged violation of this title. | |
118 | + | (3) IF THE BOARD SEEKS AN INJUNC TION OR TAKES A DISC IPLINARY 14 | |
119 | + | ACTION AGAINST AN IN DIVIDUAL FOR A VIOLA TION OF THIS TITLE, THE BOARD 15 | |
120 | + | SHALL NOTIFY THE COMPTROLLER WITHIN 5 BUSINESS DAYS AFTER TAKING THE 16 | |
121 | + | ACTION. 17 | |
121 | 122 | ||
122 | - | (2) If an individual fails to comply with a subpoena issued under this | |
123 | - | subsection, on petition of the Board, a court of competent jurisdiction may compel | |
124 | - | compliance with the subpoena. | |
123 | + | [(3)] (4) A member of the Board may not be held personally liable for 18 | |
124 | + | action taken under this subsection in good faith with reasonable grounds. 19 | |
125 | 125 | ||
126 | - | 21–401. | |
126 | + | (d) The Board, or a hearing officer designated by the Board, may administer 20 | |
127 | + | oaths, hold hearings, and take testimony about all matters within the jurisdiction of the 21 | |
128 | + | Board. 22 | |
127 | 129 | ||
128 | - | (a) Except as otherwise provided in this title, an individual may not provide, | |
129 | - | attempt to provide, or offer to provide individual tax preparation services in the State | |
130 | - | unless registered by the Board. | |
130 | + | (e) (1) The Board or its designee may issue a subpoena for the attendance of a 23 | |
131 | + | witness to testify or the production of evidence in connection with: 24 | |
131 | 132 | ||
132 | - | (b) Except as otherwise provided in this title, a person may not employ an | |
133 | - | individual to provide, attempt to provide, or offer to provide individual tax preparation | |
134 | - | services in the State unless the individual is registered by the Board. | |
133 | + | (i) a disciplinary action brought under this title; or 25 | |
135 | 134 | ||
136 | - | (C) THE BOARD SHALL NOTIFY TH E FIELD ENFORCEMENT BUREAU OF THE | |
137 | - | COMPTROLLER ’S OFFICE OF AN ALLEGED A VIOLATION OF THIS SE CTION WITHIN 5 | |
138 | - | BUSINESS DAYS AFTER RECEIPT OF THE ALLEG ATION THE BOARD DETERMINES | |
139 | - | THAT THE VIOLATION H AS OCCURRED . | |
135 | + | (ii) a proceeding brought for an alleged violation of this title. 26 | |
140 | 136 | ||
141 | - | Article – Tax – General | |
137 | + | (2) If an individual fails to comply with a subpoena issued under this 27 | |
138 | + | subsection, on petition of the Board, a court of competent jurisdiction may compel 28 | |
139 | + | compliance with the subpoena. 29 | |
142 | 140 | ||
143 | - | ||
141 | + | 21–401. 30 | |
144 | 142 | ||
145 | - | (b) There is a Tax Clinics for Low–Income Marylanders Fund. Ch. 732 2024 LAWS OF MARYLAND | |
143 | + | (a) Except as otherwise provided in this title, an individual may not provide, 31 | |
144 | + | attempt to provide, or offer to provide individual tax preparation services in the State 32 | |
145 | + | unless registered by the Board. 33 4 SENATE BILL 675 | |
146 | 146 | ||
147 | - | – 4 – | |
148 | 147 | ||
149 | - | (c) The purpose of the Fund is to provide grants to the University of Maryland | |
150 | - | School of Law, the University of Baltimore School of Law, and the Maryland Volunteer | |
151 | - | Lawyers Service to operate tax clinics for low–income Maryland residents. | |
152 | 148 | ||
153 | - | (f) The Fund consists of: | |
149 | + | (b) Except as otherwise provided in this title, a person may not employ an 1 | |
150 | + | individual to provide, attempt to provide, or offer to provide individual tax preparation 2 | |
151 | + | services in the State unless the individual is registered by the Board. 3 | |
154 | 152 | ||
155 | - | (1) proceeds distributed to the Fund under § 17–317 of the Commercial | |
156 | - | Law Article; | |
153 | + | (C) THE BOARD SHALL NOTIFY TH E FIELD ENFORCEMENT BUREAU OF THE 4 | |
154 | + | COMPTROLLER ’S OFFICE OF AN ALLEGED A VIOLATION OF THIS SE CTION WITHIN 5 5 | |
155 | + | BUSINESS DAYS AFTER RECEIPT OF THE ALLEG ATION THE BOARD DETERMINES 6 | |
156 | + | THAT THE VIOLATION H AS OCCURRED . 7 | |
157 | 157 | ||
158 | - | (2) FINES DISTRIBUTED TO THE FUND UNDER § 13–1004(C) OF THIS | |
159 | - | ARTICLE; | |
158 | + | Article – Tax – General 8 | |
160 | 159 | ||
161 | - | ||
160 | + | 1–207. 9 | |
162 | 161 | ||
163 | - | [(3)] (4) any other money from any other source accepted for the benefit | |
164 | - | of the Fund. | |
162 | + | (b) There is a Tax Clinics for Low–Income Marylanders Fund. 10 | |
165 | 163 | ||
166 | - | 2–107. | |
164 | + | (c) The purpose of the Fund is to provide grants to the University of Maryland 11 | |
165 | + | School of Law, the University of Baltimore School of Law, and the Maryland Volunteer 12 | |
166 | + | Lawyers Service to operate tax clinics for low–income Maryland residents. 13 | |
167 | 167 | ||
168 | - | (a) Authorized employees of the Field Enforcement Bureau of the Comptroller’s | |
169 | - | Office: | |
168 | + | (f) The Fund consists of: 14 | |
170 | 169 | ||
171 | - | ( | |
172 | - | ||
170 | + | (1) proceeds distributed to the Fund under § 17–317 of the Commercial 15 | |
171 | + | Law Article; 16 | |
173 | 172 | ||
174 | - | (ii) income tax AND INCOME TAX PREPA RATION; | |
173 | + | (2) FINES DISTRIBUTED TO THE FUND UNDER § 13–1004(C) OF THIS 17 | |
174 | + | ARTICLE; 18 | |
175 | 175 | ||
176 | - | ||
176 | + | (3) money appropriated in the State budget for the Fund; and 19 | |
177 | 177 | ||
178 | - | (a) (1) In this section the following words have the meanings indicated. | |
178 | + | [(3)] (4) any other money from any other source accepted for the benefit 20 | |
179 | + | of the Fund. 21 | |
179 | 180 | ||
180 | - | (2) (i) “Income tax return preparer” means a person who for | |
181 | - | compensation prepares a substantial portion or more of a qualified return or employs one | |
182 | - | or more persons to prepare for compensation a substantial portion or more of a qualified | |
183 | - | return. | |
181 | + | 2–107. 22 | |
184 | 182 | ||
185 | - | ( | |
186 | - | ||
183 | + | (a) Authorized employees of the Field Enforcement Bureau of the Comptroller’s 23 | |
184 | + | Office: 24 | |
187 | 185 | ||
188 | - | ( | |
189 | - | ||
186 | + | (2) have all the powers, duties, and responsibilities of a peace officer for the 25 | |
187 | + | purpose of enforcing the laws pertaining to: 26 | |
190 | 188 | ||
191 | - | (b) Except as otherwise provided in this section, an income tax return preparer | |
192 | - | shall file all qualified returns that the income tax return preparer prepares by electronic | |
193 | - | means as prescribed by the Comptroller if: WES MOORE, Governor Ch. 732 | |
189 | + | (ii) income tax AND INCOME TAX PREPA RATION; 27 | |
194 | 190 | ||
195 | - | – | |
191 | + | 10–824. 28 | |
196 | 192 | ||
197 | - | (1) for a taxable year beginning after December 31, 2008, but before | |
198 | - | January 1, 2010, the income tax return preparer has prepared more than 300 qualified | |
199 | - | returns in the prior taxable year; | |
193 | + | (a) (1) In this section the following words have the meanings indicated. 29 SENATE BILL 675 5 | |
200 | 194 | ||
201 | - | (2) for a taxable year beginning after December 31, 2009, but before | |
202 | - | January 1, 2011, the income tax return preparer has prepared more than 200 qualified | |
203 | - | returns in the prior taxable year; and | |
204 | 195 | ||
205 | - | (3) for any taxable year beginning after December 31, 2010, the income tax | |
206 | - | return preparer has prepared more than 100 qualified tax returns in the prior taxable year. | |
207 | 196 | ||
208 | - | (c) Subsection (b) of this section does not apply to a qualified return if: | |
197 | + | (2) (i) “Income tax return preparer” means a person who for 1 | |
198 | + | compensation prepares a substantial portion or more of a qualified return or employs one 2 | |
199 | + | or more persons to prepare for compensation a substantial portion or more of a qualified 3 | |
200 | + | return. 4 | |
209 | 201 | ||
210 | - | ( | |
211 | - | ||
202 | + | (ii) “Income tax return preparer” does not include a person who 5 | |
203 | + | merely performs those acts described under § 7701(a)(36)(B) of the Internal Revenue Code. 6 | |
212 | 204 | ||
213 | - | ( | |
214 | - | ||
205 | + | (3) “Qualified return” means any original return of individual income tax 7 | |
206 | + | imposed by this title, regardless of whether a tax is due or a refund is claimed. 8 | |
215 | 207 | ||
216 | - | (d) On written request for a waiver by an income tax return preparer who is | |
217 | - | subject to subsection (b) of this section, the Comptroller may grant the income tax return | |
218 | - | preparer a waiver of the requirements of this section if the income tax return preparer is | |
219 | - | able to establish to the satisfaction of the Comptroller either reasonable cause for not filing | |
220 | - | the return by electronic means or that there is no feasible means of filing the return by | |
221 | - | electronic means without undue hardship. | |
208 | + | (b) Except as otherwise provided in this section, an income tax return preparer 9 | |
209 | + | shall file all qualified returns that the income tax return preparer prepares by electronic 10 | |
210 | + | means as prescribed by the Comptroller if: 11 | |
222 | 211 | ||
223 | - | (E) IF THE COMPTROLLER PROHIBITS AN INCOME TAX RETURN PREPARER | |
224 | - | FROM SUBMITTING INCO ME TAX RETURNS ELECT RONICALLY, THE COMPTROLLER | |
225 | - | SHALL NOTIFY THE STATE BOARD OF INDIVIDUAL TAX PREPARERS ESTABLISHED | |
226 | - | UNDER TITLE 21 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE | |
227 | - | WITHIN 5 BUSINESS DAYS AFTER TAKING THAT ACTION . | |
212 | + | (1) for a taxable year beginning after December 31, 2008, but before 12 | |
213 | + | January 1, 2010, the income tax return preparer has prepared more than 300 qualified 13 | |
214 | + | returns in the prior taxable year; 14 | |
228 | 215 | ||
229 | - | 13–1004. | |
216 | + | (2) for a taxable year beginning after December 31, 2009, but before 15 | |
217 | + | January 1, 2011, the income tax return preparer has prepared more than 200 qualified 16 | |
218 | + | returns in the prior taxable year; and 17 | |
230 | 219 | ||
231 | - | (a) An income tax return preparer who willfully prepares, assists in preparing, or | |
232 | - | causes the preparation of a false income tax return or claim for refund with fraudulent | |
233 | - | intent or the intent to evade income tax is guilty of a misdemeanor and, on conviction, is | |
234 | - | subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both. | |
220 | + | (3) for any taxable year beginning after December 31, 2010, the income tax 18 | |
221 | + | return preparer has prepared more than 100 qualified tax returns in the prior taxable year. 19 | |
235 | 222 | ||
236 | - | (b) An income tax return preparer who willfully attempts to evade any tax | |
237 | - | imposed under this article or the payment thereof is guilty of a misdemeanor and, on | |
238 | - | conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years | |
239 | - | or both. | |
240 | - | Ch. 732 2024 LAWS OF MARYLAND | |
223 | + | (c) Subsection (b) of this section does not apply to a qualified return if: 20 | |
241 | 224 | ||
242 | - | – 6 – | |
243 | - | (C) (1) AN INCOME TAX RETURN PREPARER MAY NOT WIL LFULLY | |
244 | - | PREPARE, ASSIST IN PREPARING , OR CAUSE THE PREPARA TION OF AN INCOME TA X | |
245 | - | RETURN OR CLAIM FOR REFUND WITHOUT BEING PROPERLY LICENSED OR | |
246 | - | REGISTERED TO PROVID E INCOME TAX PREPARA TION SERVICES IN THE STATE. | |
225 | + | (1) the taxpayer has indicated on the qualified return that the taxpayer 21 | |
226 | + | does not want the return filed by electronic means; or 22 | |
247 | 227 | ||
248 | - | (2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION | |
249 | - | IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS SUBJECT TO A FINE NOT | |
250 | - | EXCEEDING $5,000 FOR EACH VIOLATION . | |
228 | + | (2) the income tax return preparer preparing the qualified return has 23 | |
229 | + | requested and received a waiver from the Comptroller. 24 | |
251 | 230 | ||
252 | - | (3) EACH INCOME TAX RETUR N OR CLAIM FOR REFUN D THAT AN | |
253 | - | INCOME TAX PREPARER PR EPARES, ASSISTS IN PREPARING , OR CAUSES THE | |
254 | - | PREPARATION OF IN VI OLATION OF PARAGRAPH (1) OF THIS SUBSECTION I S A | |
255 | - | SEPARATE VIOLATION . | |
231 | + | (d) On written request for a waiver by an income tax return preparer who is 25 | |
232 | + | subject to subsection (b) of this section, the Comptroller may grant the income tax return 26 | |
233 | + | preparer a waiver of the requirements of this section if the income tax return preparer is 27 | |
234 | + | able to establish to the satisfaction of the Comptroller either reasonable cause for not filing 28 | |
235 | + | the return by electronic means or that there is no feasible means of filing the return by 29 | |
236 | + | electronic means without undue hardship. 30 | |
256 | 237 | ||
257 | - | (4) EACH FINE IMPOSED UND ER THIS SUBSECTION S HALL BE PAID | |
258 | - | INTO THE TAX CLINICS FOR LOW–INCOME MARYLANDERS FUND ESTABLISHED | |
259 | - | UNDER § 1–207 OF THIS ARTICLE. | |
238 | + | (E) IF THE COMPTROLLER PROHIBITS AN INCOME TAX RETURN PREPARER 31 | |
239 | + | FROM SUBMITT ING INCOME TAX RETUR NS ELECTRONICALLY , THE COMPTROLLER 32 | |
240 | + | SHALL NOTIFY THE STATE BOARD OF INDIVIDUAL TAX PREPARERS ESTABLISHED 33 | |
241 | + | UNDER TITLE 21 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE 34 | |
242 | + | WITHIN 5 BUSINESS DAYS AFTER TAKING THAT ACTION . 35 6 SENATE BILL 675 | |
260 | 243 | ||
261 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
262 | - | October 1, 2024. | |
263 | 244 | ||
264 | - | Approved by the Governor, May 16, 2024. | |
245 | + | ||
246 | + | 13–1004. 1 | |
247 | + | ||
248 | + | (a) An income tax return preparer who willfully prepares, assists in preparing, or 2 | |
249 | + | causes the preparation of a false income tax return or claim for refund with fraudulent 3 | |
250 | + | intent or the intent to evade income tax is guilty of a misdemeanor and, on conviction, is 4 | |
251 | + | subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both. 5 | |
252 | + | ||
253 | + | (b) An income tax return preparer who willfully attempts to evade any tax 6 | |
254 | + | imposed under this article or the payment thereof is guilty of a misdemeanor and, on 7 | |
255 | + | conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years 8 | |
256 | + | or both. 9 | |
257 | + | ||
258 | + | (C) (1) AN INCOME TAX RETURN PREPARER MAY NOT WIL LFULLY 10 | |
259 | + | PREPARE, ASSIST IN PREPARING , OR CAUSE THE PREPARA TION OF AN INCOME TA X 11 | |
260 | + | RETURN OR CLAIM FOR REFUND WITHOUT BEING PRO PERLY LICENSED OR 12 | |
261 | + | REGISTERED TO PROVID E INCOME TAX PREPARA TION SERVICES IN THE STATE. 13 | |
262 | + | ||
263 | + | (2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 14 | |
264 | + | IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS SUBJECT TO A FINE NOT 15 | |
265 | + | EXCEEDING $5,000 FOR EACH VIOLATION . 16 | |
266 | + | ||
267 | + | (3) EACH INCOME TAX RETUR N OR CLAIM FOR REFUN D THAT AN 17 | |
268 | + | INCOME TAX PREPARER PREPARES, ASSISTS IN PREPARING , OR CAUSES THE 18 | |
269 | + | PREPARATION OF IN VI OLATION OF PARAGRAPH (1) OF THIS SUBSECTION I S A 19 | |
270 | + | SEPARATE VIOLATION . 20 | |
271 | + | ||
272 | + | (4) EACH FINE IMPOSE D UNDER THIS SUBSECT ION SHALL BE PAID 21 | |
273 | + | INTO THE TAX CLINICS FOR LOW–INCOME MARYLANDERS FUND ESTABLISHED 22 | |
274 | + | UNDER § 1–207 OF THIS ARTICLE. 23 | |
275 | + | ||
276 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
277 | + | October 1, 2024. 25 | |
278 | + | ||
279 | + | ||
280 | + | ||
281 | + | Approved: | |
282 | + | ________________________________________________________________________________ | |
283 | + | Governor. | |
284 | + | ________________________________________________________________________________ | |
285 | + | President of the Senate. | |
286 | + | ________________________________________________________________________________ | |
287 | + | Speaker of the House of Delegates. |