Md. Code Regs. 24.05.12.16

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.12.16 - Partnerships, S Corporations, Limited Liability Companies, Business Trusts, Estates, and Trusts

A. Partnerships, S Corporations, Limited Liability Companies, and Business Trusts. In the case of a subchapter S corporation, partnership, limited liability company, or business trust, the amount of the credit computed for the pass-through entity shall be allocated among the owners as agreed to in writing by the owners. If there is no written agreement governing the allocation of the credit, the credit shall be allocated in the same proportion as other items are allocated for the taxable year.

B. Estates and Trusts. In the case of an estate or trust, the amount of the credits computed for the estate or trust for any taxable year shall be apportioned among the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each beneficiary of the estate or trust under the controlling instrument or rule of law.

C. Statements to Partners, Shareholders, Members, and Beneficiaries.

(1) Requirements. A partnership, S corporation, limited liability company, business trust, estate, or trust shall provide each of its partners, shareholders, members, or beneficiaries with an income tax statement.

(2) Form and Contents of Statement.

(a) Form. A partnership, S corporation, limited liability company, business trust, estate, or trust may elect to use a:

(i) Modified federal Schedule K-1; or

(ii) Statement prepared on its own form.

(b) Contents. In addition to the contents required under COMAR 03.04.07.04B(2), the statement shall contain the amount of each credit apportioned to the individual partner, shareholder, member, or beneficiary.

(3) Statement Attached to Return. A partner, shareholder, member, or beneficiary shall attach a copy of the statement to the income tax return on which the credit is claimed.

D. Year in which Credit is Claimed. The credit apportioned to a taxpayer under §§A-C of this regulation shall be claimed on the taxpayer's Maryland tax return in the taxable year of the taxpayer within which the taxable year of the pass-through entity ends.

Md. Code Regs. 24.05.12.16