Sec. 18.08.01.04. Filing Forms and Additional Information  


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  • A. Forms shall be filed with the Department at the locations specified on the form.

    B. Each report, application, or response filed for the tax shall be made under oath with a declaration preceding the signature of the author that it is made under penalties of perjury.

    C. A company that anticipates a total tax liability of at least $1,000 for a taxable year shall file a declaration of estimated tax with the Department by April 15 of the taxable year. The company shall pay the Department an amount equal to at least 25 percent of the tax liability for the full taxable year on April 15, June 15, September 15, and December 15.

    D. On or before March 15 annually, each company shall file with the Department a return detailing all operating and nonoperating revenues for the preceding calendar year. Each company shall attach to the return:

    (1) A check made payable to the Department for the remaining tax due for the period covered by the return; and

    (2) Financial statements and a copy of the company’s annual report as submitted to the appropriate regulatory authorities.

    E. If a company fails to file the return as required under this regulation, the Department will mail to the company a notice and demand for the return. If the return is not filed within 30 days of the mailing of the notice, the Department will estimate the company’s operating revenues and assess an additional penalty of up to 25 percent of the estimated tax liability.

    F. Returns Filed Without Supporting Documents.

    (1) If a company files a return but fails to include financial statements and a copy of the company’s annual report as required in §D(2) of this regulation, the Department will mail to the company a notice and demand for the supporting documents. If the supporting documents are not filed within 30 days of the mailing of the notice, the Department will estimate the company’s operating revenues and assess an additional penalty of up to 25 percent of the estimated tax liability.

    (2) If, at the time of filing a return, a company’s annual report has not been submitted to the appropriate regulatory authorities, the company shall furnish to the Department the date that it is due to be submitted. If the company’s annual report is not filed with the Department within 30 days of the date that it is due to be submitted, the Department will mail to the company a notice and demand for the annual report. If the annual report is not filed within 30 days of the mailing of the notice, the Department will estimate the company’s operating revenues and assess an additional penalty of up to 25 percent of the estimated tax liability.

    G. A company claiming a telephone lifeline credit or a credit for the purchase of Maryland-mined coal shall include with the annual return information detailing the basis for the calculation of the credit. In order to qualify for a Maryland-mined coal tax credit, a company must be able to document that the coal was directly purchased from a mine that extracted the coal from a location in Maryland.

    H. A long distance telephone company shall be allowed a credit for the amount paid, not to exceed the Maryland tax due, upon proof that it has paid a properly due excise, sales and use, or gross receipts tax in another state on a sale from which the gross receipts are subject to Maryland tax.