Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 03. Comptroller of the Treasury |
Subtitle 04. INCOME TAX |
Chapter 03.04.07. Pass-Through Entity Nonresident Tax |
Sec. 03.04.07.01. Definitions
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A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Distributable cash flow" has the meaning stated in Tax-General Article, §10-102.1(a)(2), Annotated Code of Maryland.
(2) "Distributive share of partnership income" means the total distributive share of income (loss) items as reported on Schedule K of the federal partnership return, Form 1065, less interest from U.S. obligations.
(3) "Member" has the meaning stated in Tax-General Article, §10-102.1(a)(4), Annotated Code of Maryland.
(4) "Multistate pass-through entity" means a pass-through entity doing business in more than one state.
(5) "Nonresident entity" has the meaning stated in Tax-General Article, §10-102.1(a)(5), Annotated Code of Maryland.
(6) "Nonresident member" includes, unless specifically designated elsewhere, a nonresident individual member and a nonresident entity member.
(7) "Nonresident taxable income" means:
(a) For a pass-through entity that is a partnership (including a limited liability company taxed as a partnership and a business trust taxed as a partnership), the total nonresident members' share of the distributive share of partnership income allocated to this State; and
(b) For a pass-through entity that is an S corporation, the total nonresident members' pro rata share of S corporation income allocated to this State.
(8) "Pass-through entity", unless specifically designated elsewhere, has the meaning stated in Tax-General Article, §10-102.1(a)(7), Annotated Code of Maryland.
(9) "Pro rata share of S corporation income" means the total of the pro rata share of income (loss) items reported on Schedule K of Form 1120S, U.S. Income Tax Return for an S corporation, less interest from U.S. obligations.