Maryland 2024 Regular Session

Maryland Senate Bill SB86 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 *sb0086*
66
77 SENATE BILL 86
88 Q3 4lr1167
99 (PRE–FILED) CF HB 218
1010 By: Senator Klausmeier
1111 Requested: October 25, 2023
1212 Introduced and read first time: January 10, 2024
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 2024) 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 (2022 Replacement Volume and 2023 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 HA VE THE 17
4141 MEANINGS INDICATED . 18
4242
4343 (2) “ELIGIBLE long–term care premiums” means eligible long–term care 19
4444 premiums within the meaning of § 213(d)(10) of the Internal Revenue Code for a long–term 20
4545 care insurance contract covering an individual who is a Maryland resident. 21
4646
4747 (3) “TAXPAYER” MEANS A TAXPAYER WHO : 22 2 SENATE BILL 86
4848
4949
5050
5151 (I) IS AT LEAST 85 YEARS OLD; AND 1
5252
5353 (II) IN THE TAXABLE YEAR FOR WHICH A CREDIT I S CLAIMED 2
5454 UNDER THIS SECTION , HAS MARYLAND ADJUSTED GRO SS INCOME OF LESS TH AN: 3
5555
5656 1. $100,000 FOR A TAXPAYER FILING AS A N INDIVIDUAL; 4
5757 OR 5
5858
5959 2. $200,000 FOR A TAXPAYER FILIN G A JOINT RETURN . 6
6060
6161 (b) [An individual] SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A 7
6262 TAXPAYER may claim a credit against the State income tax in an amount equal to 100% of 8
6363 the eligible long–term care premiums paid by the [individual] TAXPAYER during the 9
6464 taxable year for long–term care insurance covering the [individual] TAXPAYER or the 10
6565 [individual’s] TAXPAYER’S spouse, parent, stepparent, child, or stepchild. 11
6666
6767 (c) The credit allowed under this section: 12
6868
6969 (1) [may not exceed $500 for] WITH RESPECT TO each insured 13
7070 INDIVIDUAL covered by long–term care insurance for which the [individual] TAXPAYER 14
7171 pays the premiums, MAY NOT EXCEED THE L ESSER OF: 15
7272
7373 (I) 15% OF THE ELIGIBLE LONG –TERM CARE PREMIUMS P AID 16
7474 DURING THE TAXABLE Y EAR; OR 17
7575
7676 (II) $1,500; 18
7777
7878 (2) may not be claimed by more than one taxpayer with respect to the same 19
7979 insured individual; and 20
8080
8181 (3) may not be claimed with respect to an insured individual if[: 21
8282
8383 (i)] the insured individual was covered by long–term care insurance 22
8484 PURCHASED at any time [before July 1, 2000; or 23
8585
8686 (ii) the credit has been claimed with respect to that insured 24
8787 individual by any taxpayer for any prior taxable year] AFTER DECEMBER 31, 2004. 25
8888
8989 (d) (1) The total amount of the credit allowed under this section for any taxable 26
9090 year may not exceed the State income tax for that taxable year, calculated before 27
9191 application of the credits under this section and §§ 10–701 and 10–701.1 of this subtitle, 28
9292 but after application of the other credits allowable under this subtitle. 29
9393
9494 (2) The unused amount of the credit for any taxable year may not be carried 30 SENATE BILL 86 3
9595
9696
9797 over to any other taxable year. 1
9898
9999 (e) The credit allowed under this section does not affect the treatment under this 2
100100 title of any deduction or exclusion allowed for federal income tax purposes for the eligible 3
101101 long–term care premiums paid by the individual. 4
102102
103103 (f) On or before December 1, 2005, and each December 1 thereafter, the 5
104104 Comptroller shall report to the Governor and, subject to § 2–1257 of the State Government 6
105105 Article, to the General Assembly, regarding the credit allowed under this section, including: 7
106106
107107 (1) the number of individuals who have claimed the credit, the amount 8
108108 allowed as credits, and the additional number of individuals covered by long–term care 9
109109 insurance as a result of the credit; and 10
110110
111111 (2) the savings under the State’s Medical Assistance Program as a result 11
112112 of additional individuals being covered by long–term care insurance as a result of the credit. 12
113113
114114 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
115115 1, 2024, and shall be applicable to all taxable years beginning after December 31, 2023. 14
116116