§ 2-116
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/md/tax-general/2-116A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§2–116. IN EFFECT
// EFFECTIVE UNTIL DECEMBER 31, 2030 PER CHAPTERS 110 AND 111 OF 2022 //
(a)In this section, “Program” means the Maryland Earned Income Tax Credit Assistance Program for Low–Income Families.
(1)There is a Maryland Earned Income Tax Credit Assistance Program for Low–Income Families.
(2)The purpose of the Program is to:
(i)identify residents who are eligible to claim the credit under § 10–704 of this article but have failed to claim the credit; and
(ii)provide residents identified under item
(i)of this paragraph with a streamlined mechanism to claim the credit under § 10–704 of this article.
(3)The Comptroller shall administer the Program.
(1)This subsection applies to a taxable year beginning after December 31, 2024.
(2)Subject to subsection
(d)of this section, the Comptroller shall provide, as part of the Program, a form to claim the credit under § 10–704 of this article to any resident:
(i)for whom the Comptroller has received federal income tax return information for a taxable year described in § 13–1104(c)(1) of this article;
(ii)whose wages were reported by the resident’s employer to the Comptroller for that taxable year;
(iii)who the Comptroller determines, based on all available data, may be eligible to claim the credit under § 10–704 of this article for that taxable year;
(iv)who failed to claim the credit under § 10–704 of this article for that taxable year; and
(v)who is authorized to request a refund under § 13–1104(c)(1) of this article.
(3)The Comptroller shall provide the form required under this subsection no later than 45 days before the expiration of the statute of limitations for claiming a refund under § 13–1104(c)(1) of this article.
(d)In processing the form to claim the credit under § 10–704 of this article, the Comptroller shall calculate the credit as though the resident elected to use the standard deduction under § 10–217 of this article to compute Maryland taxable income.
(1)The Comptroller shall notify each resident identified under subsection (c)(2) of this section that the Program is a method of claiming the credit under § 10–704 of this article available to eligible residents.
(2)The notification required under paragraph
(1)of this subsection shall include:
(i)a description of the Program;
(ii)an explanation of the resident’s eligibility for participation in the Program;
(iii)an explanation that the resident’s participation in the Program is optional but subject to the limitation under subsection
(d)of this section;
(iv)an explanation that, notwithstanding the provisions of this section, the resident’s participation in the Program is subject to the provisions of this article relating to the filing of a tax return;
(v)the time by which the form must be completed and returned in order to claim the credit under § 10–704 of this article; and
(vi)a statement that the resident may be eligible for, in a succeeding taxable year:
1. the federal earned income credit under § 32 of the Internal Revenue Code; and
2. the credit under § 10–704 of this article.
(f)On request by a resident, a tax collector shall waive any penalties or interest on any assessment of tax due on the form provided to the resident under subsection (c)(2) of this section unless the tax collector reasonably believes the resident knew or should have known the tax was miscalculated.
(g)On or before December 31, 2025, and each December 31 thereafter through December 31, 2030, the Comptroller shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(1)the effectiveness of the Program in meeting the purpose specified in subsection (b)(2) of this section and recommendations for potential statutory or administrative changes to enhance participation in the Program;
(2)the number of claim forms provided to residents during the previous fiscal year;
(3)the number of claim forms filed by residents during the previous fiscal year;
(4)the number of refundable credits provided to residents during the previous fiscal year; and
(5)the total amount of refundable credits provided to residents during the previous fiscal year.
(h)The Comptroller shall adopt regulations to carry out this section.