Md. Code Regs. 24.05.19.11

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

Section 24.05.19.11 - 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 credits computed for the pass-through entity shall be allocated among the owners as agreed to in writing by the owners in accordance with Internal Revenue Service rules.

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.

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 a Maryland Form 510, Schedule K-1.

(2) Statement Attached to Return. A partner, shareholder, member, or beneficiary shall attach a copy of the Maryland Form 510, Schedule K-1 to the income tax return on which the credit is claimed.

D. Year in which Credits are Claimed. The credit apportioned to a partner, shareholder, member or beneficiary under §§A-C of this regulation shall be claimed on the partner's, shareholder's, member's or beneficiary's State tax return in the taxable year of the partner, shareholder, member, or beneficiary within which the taxable year of the pass through entity ends.

Md. Code Regs. 24.05.19.11

Effective date: 41:2 Md. R. 92, eff.2/3/2014