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§ 8-204. Computation of net earnings

West's Annotated Code of MarylandTax-GeneralEffective: April 11, 2023

West's Annotated Code of Maryland
Tax-General (Refs & Annos)
Title 8. Franchise Taxes (Refs & Annos)
Subtitle 2. Financial Institution Franchise Tax (Refs & Annos)
Effective: April 11, 2023
MD Code, Tax - General, § 8-204
§ 8-204. Computation of net earnings
In general
(a) A financial institution shall compute its net earnings:
(1) based on the accounting period used as its fiscal year; and
(2) subject to the modifications required under this section, in the manner that a corporation computes, for purposes of the income tax, the Maryland modified income.
Additions to net earnings
(b) A financial institution shall add to its net earnings computed under subsection (a) of this section the amounts that, even if otherwise allowed to be subtracted under § 10-307(b) and (g)(1) and (4) of this article, equal:
(1) profit realized from the sale or exchange of bonds issued by this State or a political subdivision of this State;
(2) dividends received from foreign corporations and included in federal gross income under § 78 of the Internal Revenue Code;
(3) interest derived from a United States obligation;
(4) State tax-exempt interest received from a mutual fund and allowed to be subtracted under § 10-307(g)(4) of this article; and
(5) interest excluded from federal gross income under § 103 of the Internal Revenue Code and derived from a bond:
(i) issued by a state or a public corporation, special district, or political subdivision of a state or their instrumentalities; or
(ii) under § 150 of the Internal Revenue Code, treated as a bond issued by a state or a public corporation, special district, or political subdivision of a state or their instrumentalities.
Subtractions from net earnings
(c) A financial institution shall subtract from its net earnings computed under subsection (a) of this section interest expense incurred to purchase or carry a bond as defined in subsection (b)(5) of this section.

Credits

Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1988, c. 565; Acts 1989, c. 110, § 1; Acts 1989, c. 178, § 3; Acts 1989, c. 545, § 1; Acts 1991, c. 55, § 1; Acts 1994, c. 265, § 1, eff. Oct. 1, 1994; Acts 1995, c. 127, § 1, eff. July 1, 1995; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1996, c. 99, § 1, eff. July 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2023, c. 49, § 2, eff. April 11, 2023.
Formerly Art. 81, § 128A.
MD Code, Tax - General, § 8-204, MD TAX GENERAL § 8-204
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document