Maryland Income Tax ADMINISTRATIVE RELEASE Administrative Release No. 16 Subject: Fiduciaries, Including Estates and Trusts. I. Who is a Fiduciary? fiduciary income tax return (Form 504) for income subject to tax in Maryland and another state. A. In General 3. A resident fiduciary is subject to the county A fiduciary is any person who is required to file a income tax imposed under Title 10 of the Tax- federal fiduciary income tax return, including a General Article. A nonresident fiduciary is subject return for an estate or a trust. to the special nonresident tax (see Section IV). B. Personal Representative of an Estate B. Who is a Resident Fiduciary? Before 1992, Maryland did not include in its Chapter 1 of the Acts of 1992 clarified and definition of a fiduciary a personal representative broadened the rules for determining who is a of an estate if the estate was subject to the resident fiduciary. See § 10-101 of the Tax- inheritance tax. Chapter 1 of the Acts of 1992 General Article of the Annotated Code of (First Special Session) amended the law to include Maryland. a personal representative of an estate in the definition of a fiduciary under the Maryland 1. Personal Representative of an Estate. income tax laws. Because of this change, an estate A fiduciary who is a personal representative may be subject to both Maryland income and of an estate is considered a resident of Maryland if inheritance taxes. The effective date of the Act was the decedent was domiciled in this State on the date May 1, 1992, and it applies to all tax years of the decedent's death. beginning after December 31, 1991. 2. A Fiduciary Other than a Personal II. Resident and Nonresident Fiduciaries Representative. A. In General A fiduciary, other than a personal A fiduciary is either a resident or a nonresident. representative, is considered a resident of Maryland The determination of residence is important for the if: following three reasons: a. The trust was created, or consists of 1. A resident fiduciary, like a resident property transferred, by the will of a decedent who individual, is subject to tax on all of its income was domiciled in this State on the date of the regardless of its source. A nonresident fiduciary, decedent's death; like a nonresident individual, is subject to tax on b. The creator or grantor of the trust is a income from Maryland sources, which includes any current resident of this State; or income derived from real property or tangible personal property located in Maryland; income c. The trust is principally administered in derived from a business wholly or partially carried this State. on in Maryland and in which the trust or estate is a C. Who is a Nonresident Fiduciary? member of a pass-through entity; income from an occupation, profession or trade carried on wholly or A nonresident fiduciary is a fiduciary that is not partially in Maryland; and income from wagering considered a resident of Maryland. in Maryland. III. Requirements for Filing a Maryland 2. A resident fiduciary who is subject to tax in Fiduciary Return another state on the same income subject to tax in A. Residents and Nonresidents Maryland may claim a credit on the Maryland fiduciary income tax return (Form 504). A The requirements for filing a resident or nonresident may not claim a credit on the Maryland nonresident Maryland fiduciary income tax return |
are provided for under § 10-813 of the Tax-General derived from the sale or other disposition of Article of the Annotated Code of Maryland. intangible personal property that is held in the trust; the proceeds from that sale or other disposition A fiduciary must file a Maryland fiduciary must be added to the principal of that trust income tax return if the fiduciary: (accumulated in that trust) for the benefit of a 1. Is required to file a federal fiduciary income nonresident; and all of the remaindermen of the tax return; and trust in being must be nonresidents during the entire taxable year or corporations not doing 2. Has Maryland taxable income. 1 business in Maryland. The term “Maryland taxable income” means Also, for either of these provisions to apply the Maryland adjusted gross income less the subtraction amount that is being claimed must exemptions and deductions provided for under Title actually be for the benefit of a remainderman in 10 of the Tax-General Article. being that is a nonresident or corporation not doing For a fiduciary, Maryland adjusted gross income business in Maryland. In addition, the nonresident is the fiduciary’s federal taxable income increased beneficiary cannot possess an inter vivos power of by the deduction allowed as a personal exemption appointment over such income, nor can the under § 642(b) of the Internal Revenue Code and fiduciary posses a discretionary power to distribute further modified by the additions and subtractions such income of the trust to himself or herself, required of an individual, found in Subtitle 2 of unless such discretionary power is limited to Title 10 of the Tax-General Article. In addition, ascertainable standards as defined by Section certain fiduciaries are allowed a special nonresident 2041(b)(1)(A) of the Internal Revenue Code. beneficiary subtraction (see below Subsection B). C. Forms Therefore, some fiduciaries may be required to file a federal fiduciary income tax return, but may not A resident or nonresident fiduciary that is be required to file a Maryland fiduciary income tax required to file a Maryland fiduciary income tax return if there is no Maryland taxable income. return shall use Form 504 and file Maryland Form 504 Schedule K-1 for each of its beneficiaries with B. Nonresident Beneficiary Subtraction Form 504. The nonresident beneficiary subtraction may be A nonresident fiduciary should also file, for all claimed by a resident fiduciary as provided for taxable years beginning before January 1, 2008, the under § 10-207(o) of the Tax-General Article of the Maryland Form 504 NR to compute the Maryland Annotated Code of Maryland to the extent the modification for income or losses from non- subtraction amount is included in its federal taxable Maryland sources. For all taxable years beginning income. This subtraction includes (1) income after December 31, 2007, the non-resident fiduciary derived from intangible personal property that is should file Maryland Form 504NR. held in trust for the benefit of a nonresident or a corporation not doing business in the State and (2) A resident fiduciary claiming the nonresident capital gain income derived from the sale or other beneficiary subtraction (see Section III.B) must disposition of intangible personal property that is also submit the following documentation: held in trust, if the proceeds thereof are added to 1. A copy of the federal Form 1041 and all the principal of the trust, and all the remaindermen schedules relating to the type(s) and source(s) of of the trust in being are nonresidents during the income claimed in the nonresident beneficiary entire taxable year or corporations not doing subtraction. business in the State. Thus, this subtraction is divided into two separate provisions. 1 In order for the first provision (1) to apply, the An addition for capital losses derived from the sale or income must be derived from intangible personal other disposition of intangible personal property that is held in trust may be required if the proceeds are added property and the income must be accumulated and to the principal of the trust and all of the remaindermen held in trust for the benefit of a nonresident in being are nonresidents during the entire tax year or beneficiary or corporation not doing business in corporations not doing business in the State. See § 10- Maryland. In order for second provision (2) to 204(g) of the Tax-General Article of the Annotated apply, the income must be capital gain income Code of Maryland. |
2. A list of all beneficiaries, including a. Based on the subdivision in which the remaindermen, their domiciliary addresses for the trust is principally administered; or taxable year, and the applicable social security or b. If the trust is not principally administered employer identification numbers. Clearly indicate in this State, based on the subdivision in which: whether the beneficiaries are income beneficiaries, remaindermen, or both. (1) The decedent was domiciled on the date of death, if the fiduciary is a resident under 3. A list of the amount of intangible income Section II.B.2.a.; or accumulated for each beneficiary identified in 2. (2) The creator or grantor is a current 4. A list of all persons who possess a power resident, if the fiduciary was a resident under of appointment over the trust assets. Section II.B.2.b. The nonresident beneficiary subtraction is denied B. Special Nonresident Tax. if a fiduciary claiming the subtraction modification fails to submit the documentation. For taxable years beginning after December 31, 2003, a nonresident fiduciary is subject to the D. Due Dates special nonresident tax under § 10-106.1 of the A fiduciary who must file a Maryland fiduciary Tax-General Article, which is imposed at a rate income tax return, Form 504, shall file the return: equal to the lowest county income tax rate set by any Maryland county. 1. On or before April 15th of the next taxable year; or V. Estimated Tax Returns 2. If the income tax is computed for a fiscal A. Requirement to File th year, on or before the 15th day of the 4 month 1. In General after the end of that year. A fiduciary who reasonably expects E. Extensions estimated income tax for a taxable year on income A fiduciary may request an automatic 6-month not subject to withholding (employer wage extension of time to file the Maryland fiduciary withholding, or other payments subject to income tax return, Form 504. The fiduciary shall withholding, see Subtitle 9 of the Tax-General file the request by filing Maryland Form 504E. Article of the Maryland Code Annotated) to exceed $500 shall file a declaration of estimated income IV. Local Income Tax or Special Nonresident tax. Tax 2. Exception A. Local Income Tax A fiduciary who is a personal representative Resident fiduciaries, including fiduciaries of of an estate is not required to file an estimated tax estates and trusts, are required to pay the local or return for any taxable year ending before the date county income tax imposed under Title 10 of the which is 2 years after the date of the decedent's Tax-General Article. Section 10-103 of the Tax- death. General Article sets forth the rules for determining the county the fiduciary must use in computing and B. Computation reporting the tax. A fiduciary may use the federal method of 1. A Personal Representative annualization of income in computing estimated tax. A personal representative of an estate must compute and report the local income tax using the C. Forms rate for the subdivision where the decedent was A fiduciary that is making an initial payment of domiciled on the date of death. estimated tax should use a Form 504D. Form 504D 2. Fiduciaries Other Than Personal should be used for additional quarterly payments as Representatives well. For each tax year, the fiduciary should use the estimated tax worksheet on Form 504D to Fiduciaries, other than personal representatives, compute total projected estimated tax and the must compute and report the local income tax: |
quarterly payment amounts in order to avoid possible underpayment penalty and interest. See Form 504UP. D. Due Dates 1. In General A fiduciary that is required to file a declaration of estimated tax shall file a quarterly estimated tax return and pay the tax due on or before April 15, June 15, September 15 and January 15. 2. Exception If a fiduciary elects to pay the income tax in full on or before January 31, instead of filing the quarterly estimated tax return required on January 15, the individual shall file a final income tax return Form 504 on or before January 31. Revised: September 2011 Revenue Administration Division Revenue Administration Center Annapolis, Maryland 21411-0001 Telephone: 410-260-7980 or 1-800-MD TAXES taxhelp@comp.state.md.us www.marylandtaxes.com For the deaf or hard of hearing: call via Maryland Relay at 711 in Maryland or 1-800-735-2258 If you need reasonable accommodation for a disability, please contact us before you visit. If you need the information in this publication in an alternate format, contact the Comptroller’s Office. |