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 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 




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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.  



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  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: 



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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. 
 






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