SDAT Business Personal Property INSTRUCTIONS FOR 2024 FORM 2 SOLE PROPRIETORSHIP AND GENERAL PARTNERSHIPS Business Personal Property Tax Return General Information and Requirements Maryland State Department of Assessments and Taxation, Business Services Unit Business Personal Property Division, 301 West Preston Street Room 801, Baltimore Maryland 21201- 1052 1) WHO MUST FILE A RETURN A Maryland personal property return (Form2) must be filed by all sole proprietorships and general partnerships if they possess (own, lease, rent, use or borrow) business personal property or need a business license. A business which fails to file this return will likely receive an estimated assessment. Limited partnerships, limited liability companies and limited liability partnerships that are registered with the Department's Charter Division are required to file a Form 1. 2) WHEN AND WHERE TO FILE At the beginning of each year, the Department makes the business personal property return available on its website. It is the responsibility of the entity to obtain and file the return on time. The due date for filing is April 15, of filing year. Should April 15 fall on a weekend, the return will be due on the Monday immediately following. The due date for the 2024 return is April 15, 2024. The Department encourages all customers to file through the online portal, Maryland Business Express (MBE) at https://egov.maryland.gov/BusinessExpress/ If mailing your return please send to Department of Assessments and Taxation, Personal Property Division, P.O. Box 17052, Baltimore, MD 21297- 1052. Amended returns or second filings are to be sent to the Department of Assessments and Taxation, Personal Property Division, 301 W. Preston Street, Baltimore, MD 21201-2395. 3) EXTENSION OF TIME TO FILE The Department may grant a 60 day extension to file the return. The due date on extension will be June 17, 2024. All preparers and taxpayers with Internet access should use the Department's website to ensure prompt and accurate recording of an unlimited number of requests free of charge. You will receive a confirmation number and a printed list as proof of your submission. Always print and keep a copy of the confirmation page. The Department will automatically accept it as evidence of a valid approved extension in case there is ever a problem. You may request a 60 day extension of the filing deadline, at no cost, by visiting http://pprextensions.dat.maryland.gov/ Extension requests must be made on or before April 15th. Increased use of this site is anticipated as April 15 thapproaches so the Department suggests you apply for extensions as soon as the site opens in December. Please note that Department of Assessments and Taxation does not accept paper extensions. No additional extension to file will be allowed after the 2 months. Extensions approved by the Internal Revenue Service or Maryland Comptroller of the Treasury for income tax returns will not be accepted. 4) FORMS To ensure proper posting to your account always provide the business name and your Department ID number. Please use this number in all communications with the Department. 5) MAILING ADDRESS CHANGES Make necessary address corrections on the form and check the address correction box on page 1 of the return. Form 2 Instructions Page 1 of 6 |
SDAT Business Personal Property 6) LATE FILING PENALTIES A business which files an annual return postmarked after the due date of April 15 of filing year (or June 17 if an extension is approved) will receive an initial penalty of 1/10 of one percent of the county assessment, plus interest at the rate of two percent of the initial penalty amount for each thirty (30) days or part thereof that the return is late. If returns are filed late, you cannot pre-pay penalties at time of filing return. They will be assessed at a later date. 7) PERIOD COVERED All returns shall cover the calendar year regardless of any fiscal year. All information required in this return shall be given as of January 1, except line items 2 and 4, which refer to the twelve calendar months of prior year). There may be times when supporting detail should be provided with the return. Please see Form SD1, Supplemental Details. Information supplied on the return and enclosures are not open to public inspection. 8) WHAT MUST BE REPORTED Generally, all tangible personal property owned, leased, consigned or used by the business and located within the State of Maryland on January 1, with an original cost of $20000 or more must be reported. (TP Article § 7-245 of the Annotated Code of Maryland). Property not in use must still be reported. All fully depreciated and expensed personal property must also be reported. Personal property includes but is not limited to office and plant furniture, machinery, equipment, tools, furnishings, inventory, and all other property not considered part of the real estate. Personal property in this State (other than operating property of railroads and public utilities) falls into two subclasses: Stock in business or inventory--goods held by a taxpayer for sale and goods placed on consignment to another for sale in the expectation of a quick turnover. Stock in business does not include goods manufactured by the taxpayer but held by the taxpayer for purposes other than sale or goods manufactured by the taxpayer but placed in possession and control of another as in the case of leased property. Stock in business is assessed at cost or market value whichever is lower. LIFO method of valuation is prohibited. All other personal property includes all personal property other than inventory and is assessed at full cash value. Taxpayers shall report such property which has been acquired by purchase at cost in the year of acquisition. Taxpayers shall report such property which has been acquired other than by purchase (including property manufactured by the taxpayer) at what the property would have sold for in the year of acquisition. To assess "all other personal property" the Department generally applies a 10% rate of depreciation per annum to the reported property. Exceptions to the 10% rate can be found on the Depreciation Rate Chart. Normally, property will not be depreciated below 10% of the original cost. All questions must be answered in full. If the reporting taxpayer does not own the class of property covered by any question, the word "none" or the figure "O” should be written in the appropriate blank space. Estimated assessments may be issued when questions remain unanswered, or the answers are incomplete, evasive or unclear. Real property is not to be reported on the return. 9) EXEMPTIONS Property tax exemptions provided by statute shall be strictly construed. Before an exemption can be obtained the taxpayer must show affirmatively that the exemption is clearly allowed. Businesses may file amended returns to correct reporting errors or claim missed exemptions (except for missed manufacturing exemptions) within three years of the April 15 date that the return was originally due. For manufacturing exemption requests, an application must be submitted on or before September 1, of the initial assessment year or within 6 months after the date of the first assessment notice for the taxable year that includes the manufacturing personal property in order to qualify for the current tax year. Section 7-104 of the Tax- Property Article of the Annotated Code of Maryland has been revised to include the following subsection (d) that allows the owner of manufacturing personal property to file an application within 6 months after the date of the first assessment notice for a taxable year that includes the manufacturing personal property. If the application is approved, the exemption shall be granted for the taxable year. The exception to the September 1 deadline is applicable to taxable years beginning after June 30, 2009. No manufacturing exemption can be granted unless a timely application is filed. As long as there are no changes in the operation, and the exemption granted, no additional manufacturing applications are required in subsequent years. However, new acquisitions should always have a description of the property and explanation for its use in the approved exempt operation. SDAT also maintains the right to audit such exemptions. Exemption applications can be found on the website, https://dat.maryland.gov/businesses/Pages/Business- Personal-Property.aspx and submitted via email to sdat.ppaudit@maryland.gov In addition, state law requires that certain types of personal property be fully exempt throughout Maryland from any assessment Form 2 Instructions Page 2 of 6 |
SDAT Business Personal Property and taxation. These include aircraft, farming implements, residential (non-business) property, most registered vehicles, boats not more than 100 feet in length, customized computer software, intangible personal property (e.g., stocks, bonds, patents, goodwill, trademarks, etc.). Businesses owning exempt personal property described above should report the total cost of that property on Form SD1, Supporting Detail. The law specifically includes the following activities as part of the manufacturing process: (1) the identification, design or genetic engineering of biological materials for research or manufacture; and (2) the design, development or creation of computer software for sale, lease or license. Full or partial exemptions may apply depending on the exact location of the property for: manufacturing/R&D machinery and equipment, manufacturing/R&D inventory and commercial inventory. These exemptions can be found on the Department's website, dat.maryland.gov for a complete listing of these exemptions. Low Assessments Tax Property Article § 7-245: A person's personal property is not subject to valuation or to property tax if all the person's personal property statewide, including inventory and excluding licensed vehicles, had a total original cost less than $20,000. The checkbox on the return must be checked indicating ownership of less than $20,000 and be signed by the owner of the business. The Form 2 must be filed every year with this attestation in order for a business to receive this exemption. This exemption shall take effect July 1, 2022 and shall be applicable to all taxable years beginning after December 31, 2021. ROUNDING Round cents to the nearest whole dollar. Fifty cents and above should be rounded to the next highest dollar. 10) AUDIT OF RETURN All personal property assessments, and any information and figures reported on the personal property return, accompanying schedules and related documents are subject to audit. As a result of such audits, the Department may issue corrected assessments. 11) TRANSFER OF PROPERTY If a business transfers, sells, or disposes of all personal property on or after January 1, and before July 1, it must notify the Department in writing on or before October 1, of the applicable assessment year. The notification must contain an itemized description of the property involved, the date and manner of transfer and name(s) and address of the new owner(s) of the property, the consideration received, and a copy of the sales agreement (if available). Upon proper notification and compliance with Section 10-402 of the Tax Property Article, the assessment shall be transferred to the new owner(s). See Form 21. 12) OUT OF BUSINESS If a business discontinues operations or goes "out of business" prior to January 1 of filing year, a return or letter of explanation detailing the date the business ceased operations and what happened to the property must be filed. Failure to provide this information will result in an estimated assessment being made against the business. 13) AMENDED RETURNS Amended returns can be filed to correct reporting errors or claim a missed exemption (except for missed manufacturing exemptions see item 9) within 3 years of the April 15 date that the return was originally filed. Amended returns must be accompanied by information explaining why the amended return is being filed and reconciling the differences with the original return. Write the word "AMENDED" across the top of page 1 of the return. 14) TRADER’S LICENSE Sometimes businesses requiring a trader's license experience problems in obtaining one. Most of these problems are the result of one or more of the following five situations: 1) Failure to file a personal property return (previous year). 2) Failure to report commercial inventory on the personal property return (previous year). 3) Unpaid personal property taxes (previous year). 4) Unpaid late filing penalty owed to SDAT. 5) Failure to register with SDAT. 6) "If you are unsure of whether this applies to you, please contact your county's Clerk of the Court Form 2 Instructions Page 3 of 6 |
SDAT Business Personal Property at https://www.courts.state.md.us/pia/clerks. Maryland Annotated Code, Business Regulation Article §17-1808 allows counties and municipalities to adopt a Uniform Trader's License Fee." SPECIFIC INSTRUCTIONS FOR FORM 2 SOLE PROPRIETORSHIPS AND GENERAL PARTNERSHIPS SECTION I 1. Check one: Sole Proprietorship (one owner) or General Partnership (two or more owners) 2. Provide the name of owner or owners. 3. Provide the complete mailing address for the business. If this is a new mailing address, check the box to the left. 4. Provide the SDAT Department ID number. To obtain the Department ID, go to Maryland Business Express, http://egov.maryland.gov/BusinessExpress/Entity Search The ID number is necessary to ensure proper credit to the account. 5. List federal employee ID# (FEIN). 6. Provide the nature of business activity in Maryland (e.g., restaurant, legal services, construction, etc.) 7. Total gross sales must include sales in Maryland and sales by the Maryland location to out of state purchasers as well as transfers from the Maryland location of the reporting business to out of state locations. SECTION II A. Please provide the actual physical location of all personal property in Maryland. P.O. Boxes are not acceptable. Indicate if this is a change of location. B. If you answered nature of business in Section I, then answer this question. C. Indicate the fiscal year of the business and indicate the beginning and ending of that business year. D. Answer yes if the business owns, leases, or uses personal property located in Maryland. E. Indicate whether thetotal original cost of all the property, including inventory and excluding licensed vehicles, is less than $20,000. If yes, you may proceed to the signature line. F. Does the business own or use any property that is fully depreciated and/or expensed? If yes, is it reported on this return? If the business owns or uses this type of property but does not report it on the return, please comment in remarks section. G. If the business indicates the disposal or transfer of assets in and out of Maryland during the prior year, please comment in the Remarks section and complete the Form SD-1, Supplemental Details. SECTION III LINE ITEM 1 1. Furniture, fixtures, tools, machinery, and equipment not used for manufacturing or research and development. Includes but is not limited to office furniture, fixtures and equipment, factory equipment and machinery, shelves, signs, counters, etc. This form allows detailed reporting of property which falls under the different rates of depreciation. All property is to be reported under Category A unless specifically listed in another category. Refer to the Depreciation Rate Chart to determine where property owned by the business should be reported (see sample below). Property reported in columns B through G requires a detailed description (e.g., Column C - Vending Machines, Copiers, etc.). Failure to provide the required detail will result in the reported property being assessed at 10% rate of depreciation. This property shall be reported at original cost in the year of acquisition without deduction of depreciation, investment credit or trade-in of previously owned property. Include all fully depreciated personal property and property expensed under IRS Rules. EXAMPLE Property reported on this line item should be placed under the proper depreciation rate column by the year of acquisition. An example of the correct method of filling out this section is provided for reference. Property reported in categories B through G require an explanation on the lines provided below the box. If additional space is needed to show the necessary detail, attach a supplemental schedule. Form 2 Instructions Page 4 of 6 |
SDAT Business Personal Property ORIGINAL COST BY YEAR OF ACQUISITION SPECIAL DEPRECIATION RATES B-G (See TOTAL chart) COST A B C D E F G 2014 2013 1150 12800 13,750 2012 3104 8400 11,504 2011 1500 5261 6,761 2010 2009 2500 2,500 2008 9127 500 9,627 2007 & prior Totals 14881 3000 5261 21200 44,142 Describe property identified in B - G above: Category D2011 PersonalComputer; CategoryE-2012,2013 RentalDVDs andVideo Tapes, 2008 Vending Machine; Category C - 2009 Copier $2,000, Fax $500 LINE ITEM 2 Commercial Inventory is merchandise and stock in trade available for sale. This includes manufactured products sold at retail by the manufacturer. An average of twelve (12) monthly inventories should be reported including two (2) physical inventories. Book inventories may be used for months when physical inventories were not taken. Values are to be reported at cost or market value. The LIFO method is prohibited in computing values. If there are multiple locations of inventory in Maryland they must be reported by each location. Businesses may need a Trader's License. "If you are unsure of whether this applies to you, please contact your county's Clerk of the Court at https://www.courts.state.md.us/pia/clerks. Maryland Annotated Code, Business Regulation Article §17-1808 allows counties and municipalities to adopt a Uniform Trader's License Fee." Rental equipment including but not limited to video tapes, stereos, televisions, tools, appliances and furniture is not considered commercial inventory. These assets must be reported in Part B item. Leased property and off rent equipment are not considered commercial inventory and should be reported on a separate schedule showing the names and addresses of lessees, lease numbers, description of property, installation date and original cost by year of acquisition for each location. Schedule should group leases by county where the property is located. LINE ITEM 3 Supplies. Supplies are consumable items not held for sale (e.g., contractor's supplies, office supplies, etc.). Report the average cost. LINE ITEM 4 Manufacturing/R&D Inventory is raw materials, supplies, goods in process and finished products used in and resulting from manufacturing by the business. Include manufactured products sold at retail by the manufacturer under line item, commercial inventory. An average of twelve (12) monthly inventories should be reported including two (2) physical inventories. Book inventories may be used for months when physical inventories were not taken. Values are to be reported at cost or market value. The LIFO method is prohibited in computing values. If there are multiple locations of inventory in Maryland they must be reported by each location. Form 2 Instructions Page 5 of 6 |
SDAT Business Personal Property LINE ITEM 5 Tools, machinery and equipment used for manufacturing or research and development. Answer this question in detail even though such property may by law or resolution be exempt. Reporting property on this line item is not a substitute for a manufacturing application. If exemption is claimed for the first time, a manufacturing/research & development exemption application must be submitted on or before September 1 of filing year before the exemption can be granted, or within 6 months after the date of the first assessment notice for the taxable year that includes the manufacturing personal property in order to qualify for the current tax year. Section 7-104 of the Tax-Property Article of the Annotated Code of Maryland has been revised to include subsection (d) that allows the owner of manufacturing personal property to file an application within 6 months after the date of the first assessment notice for a taxable year that includes the manufacturing personal property. If the application is approved, the exemption shall be granted for the taxable year. The exception to the September 1 deadline is applicable to taxable years beginning after June 30, 2009. No manufacturing exemption can be granted unless a timely application is filed. As long as there are no changes to the operation or to the entity, applications may not be required in subsequent years. Contact the Department or visit our web site at www.dat.maryland.gov to obtain an application. This property shall be reported at original cost in the year of acquisition without deduction of depreciation, investment credit or trade-in of previously owned property. Include all fully depreciated personal property and property expensed under IRS rules. For manufacturing the primary test for exemption requires substantially transforming, or a substantial step in the process of substantially transforming tangible personal property into a new and different article by use of labor or machinery. The term manufacturing does not include products mainly intellectual, artistic or clerical in nature, services, public utility services, or property used primarily in administration, management, sales, storage, shipping, receiving or any other non-manufacturing activity. Research and development means basic and applied research in the sciences and engineering, and the design, development and governmentally required pre-market testing of prototypes, products, and processes. Research and development activities are exempt whether or not the company has a product for sale. The following activities do not constitute research and development: market research; research in social sciences, psychology, or other nontechnical activities; routine product testing; service activities; sales; or research and development of a public utility. 6. Vehicles: Itemize motor vehicles with Interchangeable Registrations and vehicles that are unregistered (unlicensed). Vehicles registered in Maryland and classified A-P are exempt and should not be reported on the Personal Property Tax return. Vehicles registered outside Maryland may also be exempt. Exempt vehicles include those registered in another taxing jurisdiction and of a classification (A-P) described in Title 13, Subtitle 9, Part II of the Maryland Transportation Article. Interchangeable Registrations include: dealer plates (Class 1A, 1B, 1C); recycler plates (Class 2); finance company plates (Class 3); special mobile equipment plates (Class 4); and transporter plates (Class 5). This property shall be reported at original cost in the year of acquisition without deduction or depreciation, investment credit, or trade-in of previously owned property. Include all fully depreciated personal property and property expensed under IRS rules. Motor vehicles with Interchangeable Registrations and unregistered/unlicensed vehicles are not exempt and will be assessed as Category C property at 20% depreciation per annum (subject to a minimum assessment of 10% of the original cost). 7. Non-farming Livestock: Report book value and market value. 8. Other Tangible Personal Property: Include other tangible personal property not reported elsewhere on this return. Report total cost on the return and supply a separate schedule including a description, the original acquisition cost, and the date of acquisition of the property. Please see additional instruction under Other Personal Property Assessment Exemptions. 9. Property Owned by Others and Used or Held by the Business: All property that is not owned by the business but is held by the business as lessee, on consignment, or otherwise must be reported. File separate schedule showing names and addresses of owners, lease number, description of property, installation date and separate cost in each cost. 10. Property Owned by the Business and Used or Held by Others: All property that is owned by the business but is held by others as consignee, lessee or otherwise must be reported. All leased property must be reported, including manufacturing equipment, and property leased to tax- exempt organizations. Form 2 Instructions Page 6 of 6 |
SDAT Business Personal Property Manufacturer lessors shall report property which has been acquired other than by purchase at the retail selling price in the year the property was manufactured (including property manufactured by a business for its own use). Manufacturing lessors may not report this property using the cost of manufacture. A separate schedule showing the names and addresses of lessees, lease numbers, description of property, installation date and original cost by year of acquisition for each location must be supplied. Provide the physical street address of lessees. Post Office Box numbers are not acceptable. Excel schedules of leasing data may be submitted. Verify that the entity name and ID number are prominent on the schedule. Schedule may be filed electronically and submitted to sdat.persprop@maryland.gov SIGNATURE AND DATE The return must be signed by an owner or partner. This signature must be an original not a copy. The date should reflect the date the return was signed by the owner or partner and sent to the Department. Please include requested phone number and E-mail address to assist us in resolving potential discrepancies. Form 2 Instructions Page 7 of 6 |
SDAT Business Personal Property DEPRECIATION RATE CHART STANDARD DEPRECIATION RATE Category A: 10% per annum* All property not specifically listed below. SPECIAL DEPRECIATION RATES (The rates below apply only to the items specifically listed. Use Category A for other assets.) Category B: 20% per annum* Mainframe computers originally costing $500,000 or more. Category C: 20% per annum* Autos (unlicensed), bowling alley equipment, brain scanners, car wash equipment, contractor's heavy equipment (tractors, bulldozers), fax machines, hotel, motel, hospital and nursing home furniture and fixtures (room and lobby), MRI equipment, mobile telephones, model home furnishings, music boxes, outdoor Christmas decorations, outdoor theatre equipment, photocopy equipment, radio and T.V. transmitting equipment, rental pagers, rental soda fountain equipment, self-service laundry equipment, stevedore equipment, theatre seats, trucks (unlicensed), vending machines, x-ray equipment. Category D: 30% per annum** Data processing equipment and other computer based equipment, canned software. Category E: 331I3% per annum* Blinds, carpets, drapes, shades. The following applies to equipment rental companies only: rental stereo and radio equipment, rental televisions, rental video cassette recorders and rental DVDs and video tapes. Category F: 50% per annum* Pinball machines, rental tuxedos, rental uniforms, video games. Category G: 5% per annum*** Boats, ships, vessels, (over 100 feet). Long-lived assets Property determined by the Department to have an expected life in excess of 10 years at the time of acquisition shall be depreciated at an annual rate as determined by the Department. * Subject to a minimum assessment of 10% of the original cost. ** Subject to a minimum assessment of 5% of the original cost. *** Subject to a minimum assessment of 25% of the original cost. Form 2 Instructions Page 8 of 6 |