Maryland Maryland Instructions for Fiduciaries
Extracted from PDF file 2023-maryland-fiduciary-booklet.pdf, last modified December 2023Maryland Instructions for Fiduciaries
MARYLAND 2023 Instructions for filing fiduciary income tax returns for calendar year or any other tax year or period beginning in 2023 Brooke E. Lierman, Comptroller Read this before filling out your forms! • • The top state income tax rate for resident fiduciaries is 5.75 percent for tax year 2023. For nonresident fiduciaries there is an additional income tax rate of 2.25 percent. Form 504NR is a required attachment for nonresident fiduciaries who have any modifications to the federal income, as well as to allow a nonresident fiduciary to adjust the Maryland tax based upon non-Maryland income received. See instructions relating to Form 504NR. Instruction Page 1. WHO MUST FILE?. . . . . . . . . . . . 1 2. USE OF FEDERAL RETURN. . . . . . 1 3. NAME, ADDRESS AND OTHER INFORMATION . . . . . . . . . . . . . . 1 • Nonresident fiduciary members of a pass-through entity who have had tax paid for them may claim the credit on Form 504. 4. TYPE OF ENTITY . . . . . . . . . . . . 2 • Fiduciaries required to file federal Form 990-T are required to file and pay income tax to Maryland on their unrelated business income attributable to Maryland sources. 5. • A contribution can be made to four programs on your return: The Chesapeake Bay and Endangered Species Trust Fund, the Developmental Disabilities Services and Support Fund, the Maryland Cancer Fund and the Fair Campaign Financing Fund. DECEDENT’S ESTATE INFORMATION. . . . . . . . . . . . . . 2 6. RESIDENT STATUS. . . . . . . . . . . 2 • Resident fiduciaries must include an addition for the amount of income of an Electing Small Business Trust (ESBT) that is subject to the special taxing rules under Internal Revenue Code Section 641(c). Nonresident fiduciaries must include this income as an addition to the extent the ESBT income is allocable to Maryland. 7. MARYLAND MODIFICATIONS . . . . 3 8. NONRESIDENT BENEFICIARY DEDUCTION. . . . . . . . . . . . . . . . 4 9. INCOME. . . . . . . . . . . . . . . . . . . 5 WHAT'S NEW FOR 2023 • Senate Bill 240: This bill requires an addback of the portion of credit for taxes paid to another state that represents tax an out-of-state pass-through entity paid on the member’s pro rata share of income in that state and passed through to the member. 10. EXEMPTION. . . . . . . . . . . . . . . . 5 11. FIGURE YOUR MARYLAND TAXABLE INCOME. . . . . . . . . . . . 5 12. MARYLAND TAX . . . . . . . . . . . . . 5 • New Local Tax Brackets: Anne Arundel Co. The local tax rates for taxable year 2023 are as follows: (1) .0270 of a fiduciary’s Maryland taxable income of $1 through $50,000; and 13. INSTRUCTIONS FOR MARYLAND FORM 504NR. . . . . . . . . . . . . . . 5 (2) .0281 of a fiduciary’s Maryland taxable income in excess of $50,000. 14. SPECIAL NONRESIDENT TAX . . . . 6 Frederick Co. The local tax rates for taxable year 2023 are as follows: (1) .0275 for fiduciaries with Maryland taxable income of $50,000 or less; and (2) .0296 for all other fiduciaries. • Senate Bill 721, Acts of 2023: This bill restarts the Federal Security Clearance Costs tax credit for tax years beginning after Dec. 31, 2022, but only for individuals or corporations that employ 500 or fewer employees. • House Bill 1074 / Senate Bill 624, Acts of 2023: This new nonrefundable income tax credit is available to an individual or business entity that owns a restaurant in Maryland with annual gross income of at least $400,000 and purchases one or more FDA-approved automated external defibrillators. • Filing electronically The State of Maryland participates in the Federal/State Modernized e-File program to file Fiduciary returns electronically. For the list of Software Vendors approved for e-filing Maryland returns or for additional program information, visit marylandtaxes.gov. You may also contact our e-File Helpdesk by emailing [email protected] or calling 410-260-7753. FORMS REQUEST 15. LOCAL INCOME TAX . . . . . . . . . . 6 16. TOTAL MARYLAND TAX, LOCAL TAX AND CONTRIBUTIONS . . . . . 7 17. TAXES PAID AND CREDITS . . . . . 7 18. OVERPAYMENT OR BALANCE DUE. 7 19. TELEPHONE NUMBER, CODE NUMBER, SIGNATURES AND ATTACHMENTS. . . . . . . . . . . . . . 8 20. MAILING YOUR RETURN . . . . . . . 9 21. PAYMENT INSTRUCTIONS . . . . . . 9 22. DUE DATE. . . . . . . . . . . . . . . . . 9 23. EXTENSION OF TIME TO FILE. . . . 9 Forms can be requested by mail or by phone as follows: By Email . . . . . . . . . . . . . . . . . . . . . . . . . [email protected]. 24. FISCAL YEAR . . . . . . . . . . . . . . . 9 By phone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410-260-7951 25. AMENDED RETURNS. . . . . . . . . . 9 FREE STATE TAX ASSISTANCE 26. SPECIAL INSTRUCTIONS FOR BANKRUPTCY ESTATES. . . . . . . . 9 By Email . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected]. Email your tax questions. 27. QUALIFIED FUNERAL TRUST . . . 10 By phone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-800-MDTAXES from Central Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . 410-260-7980 February 1 - April 15, 2024, Monday - Friday, 8:30a.m. - 6:00p.m. 28. PRIVACY ACT INFORMATION . . . 10 Use blue or black ink when completing your forms and checks. To avoid delays in the processing of your return: do not print returns on colored paper; do not write on, staple, or punch holes in the barcode. i MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS Purpose of Form Form 504 is used by both resident and nonresident fiduciaries. Maryland follows federal income tax treatment for fiduciaries of trusts and estates. Generally, under federal income tax rules, any income distributed by the fiduciary of the trust or estate during the tax year is not taxable to the trust or estate. Instead, that income is taxable to the beneficiary. Any income not distributed or partially distributed by the fiduciary of the trust or estate during the tax year is taxable to the fiduciary. Fiduciary Income Tax Return, Form 504, is used to report and pay the Maryland income tax on the income taxable to the fiduciary of the trust or estate. Who is a fiduciary? “Fiduciary” means any person by whom the legal title to real or personal property is held for the use and benefit of another and includes a trustee of a trust and a personal representative of an estate. Although you may be required to file a federal income tax return, you are not required to file the Maryland fiduciary return if you are: 1. An agent holding custody or possession of property owned by your principal; or, Maryland taxes the portion of an Electing Small Business Trust (ESBT), that consists of stock in one or more S corporations, that is subject to special taxing rules on the federal Form 1041. See Instructions 4 and 10, as well as Administrative Release 16 for more information. 2. A guardian. Instead, file the applicable income tax return of the principal or, in the case of guardian, the return of the minor or disabled person. Due Date Your return is due by April 15, 2024. If you are a fiscal year taxpayer, see Instruction 24. Who is a resident fiduciary? A personal representative of an estate is considered a resident fiduciary if the decedent was domiciled in Maryland on the date of the decedent’s death. If the due date falls on a Saturday, Sunday or legal holiday, the return must be filed by the next business day. Completing the return Fiduciaries other than personal representatives are considered residents of Maryland if: You must write legibly using blue or black ink when completing your return. DO NOT use pencil or red ink. Submit the original form, not a photocopy. If no entry is needed for a specific line, leave blank. Do not enter words such as “none” or “zero” and do not draw a line to indicate no entry. Failure to follow these instructions may delay the processing of your return. 1. The trust was created by the will of a decedent who was domiciled in Maryland on the date of death; 2. The trust consists of property transferred by the will of a decedent who was domiciled in Maryland on the date of death; You may round off all cents to the nearest whole dollar. Fifty cents and above should be rounded to the next higher dollar. State calculations are rounded to the nearest penny. 3. The creator or grantor of the trust is a current resident of Maryland; or, 4. The trust is principally administered in Maryland. Penalties A resident fiduciary is taxable on all its income from whatever source derived. There are severe penalties for failing to file a tax return, failing to pay any tax when due, filing a false or fraudulent return or making a false certification. The penalties include criminal fines, imprisonment and a penalty on your taxes. In addition, interest is charged on amounts not paid when due. Who is a nonresident fiduciary? A nonresident fiduciary is a fiduciary who is not included in the above definition of a resident fiduciary. See Administrative Release 16 at marylandtaxes.gov. To collect unpaid taxes, the Comptroller is directed to enter liens against the salary, wages or property of delinquent taxpayers. A nonresident fiduciary is taxable only on income from sources within Maryland. See Instruction 7, Form 504 Schedule A Fiduciary's Share of Maryland Modifications, and complete Forms 504 and 504NR. Substitute forms You may file your Maryland income tax return on a computerprepared or computer-generated substitute form provided the form is approved in advance by the Revenue Administration Division. The fact that a software package is available for retail purchase does not guarantee that it has been approved for use. 2 You will need information from your federal fiduciary return to complete your Maryland return. Therefore, complete your federal fiduciary return before you continue beyond this point. Maryland law requires that you start with the federal taxable income reported on your federal fiduciary return. All items reported on your Maryland return are subject to verification, audit, and revision by the Comptroller’s Office. For additional information or to see a list of Approved Software Vendors for Maryland Substitute Tax Forms, visit marylandtaxes.gov. 1 Use of federal return Who must file? 3 A fiduciary must file a Maryland fiduciary tax return (Form 504) if the fiduciary: Name, Address and Other Information Print or type the required information in the designated areas. Enter the Federal Employer Identification Number (FEIN) of the estate or trust in the space provided. 1. Is required to file a federal fiduciary income tax return or is exempt from tax under Sections 408(e)(1) or 501 of the Internal Revenue Code (IRC), but is required to file federal Form 990-T to report unrelated business taxable income, and 2. Has Maryland taxable income. 1 MARYLAND FORM 504 4 2023 FIDUCIARY TAX RETURN INSTRUCTIONS Electing Small Business Trust (ESBT) Type of entity Electing Small Business Trust (ESBT) is a trust that computes tax on the S-portion of income on a separate federal schedule pursuant to IRC 641(c), instead of including this income in the trust's federal adjusted gross income. This S-portion of income is an addition modification. See Instruction 10. Check the box(es) on the return corresponding to your federal return. The types of entities are described below: Decedent’s Estate An estate of a deceased person is a taxable entity separate from the decedent. It generally continues to exist until the final distribution of the assets of the estate is made to the heirs and other beneficiaries. The income earned from the property of the estate during the period of administration or settlement must be accounted for and reported by the estate. Other Check box 8 if you are the fiduciary filing for one of the following entities: • Pooled Income Fund A pooled income fund is a split-interest trust with a remainder interest for a public charity and a life income interest retained by the donor or for another person. The property is held in a pool with other pooled income fund property and does not include any tax-exempt securities. The income for a retained life interest is figured using the yearly rate of return earned by the trust. Simple Trust A trust may qualify as a simple trust if: 1. The trust instrument requires that all income must be distributed currently; 2. The trust instrument does not provide that any amounts are to be paid, permanently set aside, or used for charitable purposes; and • Qualified Disabilities Trust Fund A trust created solely for an individual under 65 years of age who is disabled. 3. The trust does not distribute amounts allocated to the corpus of the trust. • Alaskan Native Settlement Trust Because the income is distributed each year, the fiduciary may be required to file a fiduciary return, but there is no taxable income. A fiduciary is required to file a fiduciary return if the trust is a member of a pass-through entity (PTE) and nonresident PTE tax was paid on its behalf. A settlement trust created within the meaning of the Alaska Native Claims Settlement Act. • Tax-Exempt Trust with Unrelated Business Taxable Income required to file federal Form 990-T Complex Trust If the fiduciaries for the following entity types are required to file federal Form 990-T, they are required to file and pay income tax to Maryland on their unrelated business taxable income attributable to Maryland sources: If some or none of the income is distributed, the trust is called a complex trust. Because the trust is retaining all or part of the income, the fiduciary must file a fiduciary tax return to determine the taxable income from which to develop both State and local tax due. ° ° ° ° ° ° ° ° ° Grantor Trust Income earned by a grantor trust is taxable to the grantor, not the beneficiary, if the grantor keeps certain control over the trust. This rule applies if the property (or income from the property) put into the trust will or may revert (be returned) to the grantor or the grantor’s spouse. The grantor is the one who transferred property to the trust. 5 Generally, a trust is a grantor trust if the grantor has a reversionary interest valued (on the date of transfer) at more than 5% of the value of the transferred property. Tax-exempt charitable trusts Individual Retirement Accounts (IRAs) Simplified Employee Pensions (SEPs) Simple Retirement Accounts (SIMPLE) Roth IRAs C overdell Education Savings Accounts (ESAs) Archer Medical Savings Accounts Q ualified tuition programs (Section 529 Plans) H ealth Savings Accounts (HSAs) Decedent’s estate information If the fiduciary return is for a decedent’s estate, enter the following in the appropriate sections for Date of death, Domicile state of decedent, and Decedent’s Social Security Number. Check the box if this is the final return. If the return is not for a calendar year, enter the fiscal year’s beginning and ending dates at the top of the form. Bankruptcy Estate The bankruptcy trustee or debtor-in-possession must file Form 504 for the estate of an individual involved in bankruptcy proceedings under Chapter 7 or 11 of Title 11 of the United States Code, if the estate was required to file federal Form 1041. See Instruction 26. 6 Qualified Funeral Trust Resident status Read the instructions describing who is a resident fiduciary and then check the appropriate box. Maryland recognizes and follows federal law in the treatment of qualified funeral trusts. Maryland accepts the filing of composite returns for such trusts. If the return is for a resident fiduciary, provide the entity’s subdivision code, county, and city, town or taxing area. In most, if not all, cases, the income of each individual trust account does not exceed $1,000. Therefore, the applicable state tax rate is 2%, and the applicable local tax rate is the rate for the situs of the fiduciary filing the composite return. For example, if the funeral home is located in Baltimore County, then the local rate for Baltimore County would apply to each trust included in the composite return. See Instruction 27. If you are a personal representative of an estate enter the county (or Baltimore City) in which the decedent was domiciled on the decedent’s date of death. Also complete the decedent’s estate information. If you are a fiduciary, other than a personal representative, enter the county (or Baltimore City) in which the trust is princi- 2 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS of these items are passed on to the beneficiaries on their Maryland Schedules K-1 (504). Form 504 Schedule A is used to determine the proper retention and/or allocation of these items. pally administered. If the trust is not principally administered in Maryland, enter the county (or Baltimore City) in which the decedent was domiciled if the trust was created by the will of the decedent or the trust consists of property transferred by the will of the decedent. If the fiduciary distributes all of the income for the tax year, then the fiduciary is not required to complete lines 1 through 10g of Form 504 Schedule A. If the fiduciary makes no distribution of income (i.e. retains 100%), complete lines 1 through 8 of Form 504 Schedule A, and enter the amount from line 8 of Form 504 Schedule A on line 5 of page 1 of Form 504. If the fiduciary makes a partial distribution of income during the tax year, complete lines 1 through 8 of Form 504 Schedule A, as well as either lines 9a through 9d or 10a through 10g. Enter the amount from line 9d or 10f of Form 504 Schedule A on line 5 of page 1 of Form 504. If the trust is not principally administered in Maryland but the creator or grantor of the trust is a current resident of Maryland, enter the county (or Baltimore City) in which the creator or grantor resides. See List 6A of incorporated cities, towns and taxing areas to determine the subdivision code. 7 Form 504 Schedule A - Fiduciary's Share Of Maryland Modifications Complete Form 504 Schedule A before you begin to complete Form 504 as the information contained on this schedule is used to fill in certain lines on page 1 of the return. Note: A fiduciary may not distribute to any beneficiary any part of the S-portion of income of an ESBT. With the exception of the S-portion of income of an ESBT, fiduciaries generally are permitted those additions and subtractions allowed individuals. Fiduciary’s Maryland modifications. Certain items must be added to or subtracted from federal taxable income to determine the Maryland adjusted gross income of a fiduciary. Some LIST OF INCORPORATED CITIES, TOWNS AND TAXING AREAS IN MARYLAND (6A) Political Subdivision Code ALLEGANY COUNTY . . . . . . . .0100 Town of Barton . . . . . . 0101 Bel Air . . . . . . . . . . . . 0112 Bowling Green . . . . . . 0115 Cresaptown . . . . . . . . 0108 City of Cumberland . . . 0102 Ellerslie . . . . . . . . . . . 0113 City of Frostburg . . . . . 0103 LaVale . . . . . . . . . . . . 0110 Town of Lonaconing . . . 0104 Town of Luke . . . . . . . 0105 McCoole . . . . . . . . . . . 0114 Town of Midland . . . . . 0106 Mt. Savage . . . . . . . . . 0111 Potomac Park . . . . . . . 0109 Town of Westernport . . 0107 ANNE ARUNDEL COUNTY . . . . . . . . 0200 City of Annapolis . . . . . 0201 Town of Highland Beach . . . . . . . . . . 0203 BALTIMORE COUNTY . . . . . . . . 0300 (No incorporated cities or towns) BALTIMORE CITY . . . 0400 CALVERT COUNTY . . . . . . . . 0500 Town of Chesapeake Beach . . . . . . . . . . 0501 Town of North Beach . . 0502 CAROLINE COUNTY . . . . . . . . 0600 Town of Denton . . . . . . 0602 Town of Federalsburg . . 0603 Town of Goldsboro . . . . 0604 Town of Greensboro . . 0605 Town of Henderson . . . 0611 Town of Hillsboro . . . . . 0606 Town of Marydel . . . . . 0607 Town of Preston . . . . . 0608 Town of Ridgely . . . . . 0609 Town of Templeville . . . 0610 CARROLL COUNTY . . . . . . . . 0700 Town of Hampstead . . . 0701 Political Subdivision Code Political Subdivision Code Political Subdivision Code Political Subdivision Code Town of Manchester . . . 0702 Town of Mt. Airy . . . . . 0703 Town of New Windsor . 0704 Town of Sykesville . . . . 0705 City of Taneytown . . . . 0706 Town of Union Bridge . . 0707 City of Westminster . . . 0709 GARRETT COUNTY . . 1200 Town of Accident . . . . . 1201 Town of Deer Park . . . . 1203 Town of Friendsville . . . 1204 Town of Grantsville . . . 1205 Town of Kitzmiller . . . . 1206 Town of Loch Lynn Heights . . . . . . . . . 1207 Town of Mountain Lake Park . . . . . . . . 1208 Town of Oakland . . . . . 1209 Town of Oakmont . . . . 1619 Town of Poolesville . . . 1608 City of Rockville . . . . . 1609 Town of Somerset . . . . 1610 City of Takoma Park . . . 1611 Town of Washington Grove . . . . . . . . . . 1612 ST. MARY’S COUNTY . . . . . . . . 1900 Town of Leonardtown . . 1902 CECIL COUNTY . . . . . 0800 Town of Cecilton . . . . . 0801 Town of Charlestown . . 0802 Town of Chesapeake City . . . . . . . . . . . . 0803 Town of Elkton . . . . . . 0804 Town of North East . . . 0805 Town of Perryville . . . . 0806 Town of Port Deposit . . 0807 Town of Rising Sun . . . 0808 CHARLES COUNTY . . . . . . . .0900 Town of Indian Head . . 0901 Town of La Plata . . . . . 0902 Port Tobacco Village . . . 0903 DORCHESTER COUNTY . . . . . . . . 1000 Town of Brookview . . . 1008 City of Cambridge . . . . 1001 Town of Church Creek . 1002 Town of East New Market . . . . . . 1003 Town of Eldorado . . . . 1007 Town of Galestown . . . 1009 Town of Hurlock . . . . . 1004 Town of Secretary . . . . 1005 Town of Vienna . . . . . . 1006 FREDERICK COUNTY . . . . . . . .1100 City of Brunswick . . . . 1101 Town of Burkittsville . . 1102 Town of Emmitsburg . . 1103 City of Frederick . . . . . 1104 Town of Middletown . . . 1106 Town of Mt. Airy . . . . . 1114 Town of Myersville . . . . 1107 Town of New Market . . 1108 Village of Rosemont . . . 1113 Town of Thurmont . . . .1110 Town of Walkersville . .1111 Town of Woodsboro . . .1112 HARFORD COUNTY . . 1300 City of Aberdeen . . . . . 1301 Town of Bel Air . . . . . . 1302 City of Havre de Grace . 1303 HOWARD COUNTY . . 1400 (No incorporated cities or towns) KENT COUNTY . . . . . 1500 Town of Betterton . . . . 1501 Town of Chestertown . . 1502 Town of Galena . . . . . . 1503 Town of Millington . . . . 1504 Town of Rock Hall . . . . 1505 MONTGOMERY COUNTY . . . . . . . . 1600 Town of Barnesville . . . 1601 Town of Brookeville . . . 1602 Town of Chevy Chase . . 1615 Section 3 of the Village of Chevy Chase . . . . 1614 Section 5 of the Village of Chevy Chase . . . . 1616 Town of Chevy Chase View . . . . . . 1617 Chevy Chase Village . . 1613 Village of Drummond . . 1623 Village of Friendship Heights . . . . . . . . . 1621 City of Gaithersburg . . 1603 Town of Garrett Park . . 1604 Town of Glen Echo . . . . 1605 Town of Kensington . . . 1606 Town of Laytonsville . . 1607 Village of Martin’s Additions . . . . . . . . 1622 Village of North Chevy Chase . . . . . 1618 3 PRINCE GEORGE’S COUNTY . . . . . . . . 1700 Town of Berwyn Heights . . . . . . . . . 1701 Town of Bladensburg . . 1702 City of Bowie . . . . . . . 1704 Town of Brentwood . . . 1705 Town of Capitol Heights 1706 Town of Cheverly . . . . 1707 City of College Park . . . 1725 Town of Colmar Manor . 1708 Town of Cottage City . . 1709 City of District Heights . 1710 Town of Eagle Harbor . . 1711 Town of Edmonston . . . 1712 Town of Fairmount Heights . . . . . . . . . 1713 Town of Forest Heights 1728 City of Glenarden . . . . 1730 City of Greenbelt . . . . . 1714 City of Hyattsville . . . . 1715 Town of Landover Hills . 1726 City of Laurel . . . . . . . 1716 Town of Morningside . . 1727 City of Mt. Rainier . . . . 1717 City of New Carrollton . 1729 Town of North Brentwood . . . . . . . 1718 Town of Riverdale Park 1720 City of Seat Pleasant . . 1721 Town of University Park 1723 Town of Upper Marlboro 1724 QUEEN ANNE’S COUNTY . . . . . . . . 1800 Town of Barclay . . . . . 1805 Town of Centreville . . . 1801 Town of Church Hill . . . 1802 Town of Millington . . . . 1808 Town of Queen Anne . . 1807 Town of Queenstown . . 1803 Town of Sudlersville . . . 1804 Town of Templeville . . . 1806 SOMERSET COUNTY . . . . . . . . 2000 City of Crisfield . . . . . . 2001 Town of Princess Anne . 2002 TALBOT COUNTY . . . . . . . . 2100 Town of Easton . . . . . . 2101 Town of Oxford . . . . . . 2102 Town of Queen Anne . . 2105 Town of St. Michaels . . 2103 Town of Trappe . . . . . . 2104 WASHINGTON COUNTY . . . . . . . . 2200 Town of Boonsboro . . . 2201 Town of Clearspring . . . 2202 Town of Funkstown . . . 2203 City of Hagerstown . . . 2204 Town of Hancock . . . . . 2205 Town of Keedysville . . . 2206 Town of Sharpsburg . . . 2207 Town of Smithsburg . . . 2208 Town of Williamsport . . 2209 WICOMICO COUNTY . . . . . . . . 2300 Town of Delmar . . . . . . 2301 City of Fruitland . . . . . 2308 Town of Hebron . . . . . . 2302 Town of Mardela Springs . . . . . . . . . 2303 Town of Pittsville . . . . . 2307 City of Salisbury . . . . . 2304 Town of Sharptown . . . 2305 Town of Willards . . . . . 2306 WORCESTER COUNTY . . . . . . . . . 2400 Town of Berlin . . . . . . . 2401 Town of Ocean City . . . 2402 Pocomoke City . . . . . . 2403 Town of Snow Hill . . . . 2404 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS Income from U.S. Government obligations. Enter on line 5 of Form 504 Schedule A interest from U.S. Savings Bonds and other U.S. obligations. Capital gains from the sale or exchange of U.S. obligations should be included as well. Dividends from mutual funds that invest in U.S. Government obligations should also be included on this line; however, only that portion of dividends attributable to interest from U.S. Government obligations may be subtracted. You cannot subtract income from Government National Mortgage Association securities. See Administrative Release 10 and 13. Lines 1 through 8 of Form 504 Schedule A For resident fiduciaries, the addition and subtraction modifications to income provided in Form 502 instruction booklet for resident individuals apply. For nonresident fiduciaries, the addition and subtraction modifications to income provided in the Nonresident Income Tax Return Instructions apply. For a nonresident fiduciary: • Any income derived from real property or tangible personal property located in Maryland; • Income derived from a business wholly or partially carried on in Maryland and in which the trust or estate is a partner, member, or shareholder of the pass-through entity (a business entity taxable at the federal level as partnership or S corporation); Other subtractions. Include on line 6 of Form 504 Schedule A any other Maryland subtractions that may be claimed. Attach a statement explaining the subtractions that are included on this line. NOTE: Non-Maryland source income included in the federal taxable income of a fiduciary is not a subtraction modification on Form 504. For a nonresident fiduciary, non-Maryland source income is excluded from the Maryland taxable income calculation on Form 504NR. See Instruction 13. • Income from an occupation, profession or trade wholly or partially carried on in Maryland; and • Income from Maryland State Lottery prizes or winnings from any other wagering is taxable in Maryland. In addition, a nonresident fiduciary can only claim losses generated in Maryland. Fiduciary’s share of net Maryland modifications Only the fiduciary’s allocable portion of the Maryland modifications should be used. Complete lines 1 through 8, and lines 9a through 9d or lines 10a through 10g to determine this amount. Addition Modifications include but are not limited to the following: Interest on state and local obligations other than Maryland. Resident fiduciaries must enter on line 1 the total amount of interest received (less related expenses) on obligations of any state or political subdivision thereof (except the State of Maryland and its political subdivisions). Note: You may choose either Method 1 or 2 – you may not use both methods. Method 1, (Formula Method). Line 9a. Enter the federal distributable net income (DNI) from federal Form 1041. Line 9b. Enter the fiduciary’s share of DNI (that portion of the DNI that was not deducted or distributed to the beneficiaries). Income taxes deducted on federal return. All fiduciaries must enter on line 2 the total of income taxes imposed by the State of Maryland, any political subdivision thereof, any other state or subdivision of any other state, or the District of Columbia to the extent included on line 11 of the federal Form 1041. Line 9c. Divide the fiduciary’s share of the DNI (line 9b) by the DNI (line 9a) to determine the fiduciary’s percentage of the DNI and enter the result on line 9c. Line 9d. Multiply the fiduciary’s percentage of DNI (line 9c) by the net Maryland modification on line 8 of Form 504 Schedule A to compute the fiduciary’s share of net Maryland modifications. Enter the result on line 9d and on Form 504, line 5 on page 1. Other additions. Include on line 3 of Form 504 Schedule A any other Maryland additions that must be reported. Attach a statement explaining the additions that are included on this line. Do not include income from an Electing Small Business Trust (ESBT) as an addition on Form 504 Schedule A. Method 2, (Alternative Method). Lines 10a through 10e allocate the net Maryland modifications on line 8 of Form 504 Schedule A to the beneficiaries in accordance with the allocation of income to the beneficiaries. If the estate or trust has more than four (4) beneficiaries, attach an additional sheet providing the additional beneficiaries’ allocations; the total from the allocations on the attached sheet is entered on line 10e. Resident fiduciary members of pass-through entities that are taxed on net income at the entity level in another state. For this addition to apply, the resident fiduciary must be a member of a pass-through entity that (1) pays tax at the entity level in another state and (2) deducts the tax paid to the other state in determining its (the pass-through entity’s) income under the Internal Revenue Code. A fiduciary member of such a pass-through entity who claims a credit for taxes paid to another state on form 502CR, Part A, must include in the addition modification the portion of the credit for taxes paid to another state that represents tax the out-of-state pass-through entity paid on the member’s pro rata share of income in that state and passed through to the member. For more information, see Administrative Release 42. Line 10f. Enter the net Maryland modifications on line 8 of Form 504 Schedule A allocated to the fiduciary. Line 10g. Enter the total from lines 10a through 10f, Column (C) on line 10g, this total must equal the net Maryland modifications reported on line 8 of Form 504 Schedule A. 8 Capital losses from sale of certain trust property. For a resident fiduciary, include on line 3 any capital loss derived from the sale or other disposition of intangible personal property that is held in trust, if the proceeds are added to the principal of the trust, and if all the remaindermen in being are nonresidents during the entire tax year or corporations not doing business in Maryland. Nonresident beneficiary deduction Non-Maryland loss. For a nonresident fiduciary, include on line 3 of Form 504 Schedule A net non-Maryland loss. Nonresident individuals who have intangible income from sources within Maryland are not subject to tax on such income in Maryland. There are some fiduciaries that accumulate intangible income in the trust to be distributed later to nonresident beneficiaries. Because this income is not taxable to a nonresident, there is a provision that permits the fiduciary to subtract intangible income accumulated for later distribution to a nonresident beneficiary. Subtraction Modifications include but are not limited to the following: A fiduciary with a nonresident beneficiary may enter such income on line 11 of Form 504 Schedule A, to the extent 4 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS K-1 (510/511), Part D, Lines 2 and 4 on Line 1. included in the federal taxable income of the fiduciary, if the income is derived from intangible personal property and if that income is held in trust for the benefit of and being accumulated for a nonresident individual or a corporation that is not doing business in Maryland. All items reported on the Maryland return are subject to verification, audit, and revision by the Comptroller’s Office. 10 Exemption, Electing Small Business Income and Standard & Itemized Deduction A fiduciary with a nonresident beneficiary may also enter on line 11 of Form 504 Schedule A, to the extent included in the federal taxable income of the resident fiduciary, capital gain income derived from the sale or other disposition of intangible personal property if that income is held in trust; if the proceeds from that sale or other disposition of the intangible personal property are added to the principal of the trust; and if all of the remaindermen of the trust in being are nonresidents during the entire tax year or corporations not doing business in Maryland. On line 2 of Form 504, enter the amount of exemption that was claimed on the federal return. Enter on line 3 the amount of income of the ESBT that consists of stock in one or more S corporations subject to the special taxing rules under IRC Section 641(c). This is the portion of income upon which a tax was calculated and carried to federal Form 1041, Schedule G, and identified as attributable to Section 641(c). Attach a schedule or statement to Form 504 showing computation of this income. Do not allocate or prorate this income. The amount that is included on line 11 of Form 504 Schedule A must actually be for the benefit of and attributable exclusively to the nonresident beneficiary or corporation not doing business in Maryland for which the nonresident beneficiary subtraction is being claimed. Also, the remaindermen for which the nonresident beneficiary subtraction is being claimed cannot be unborn or unascertained persons or persons with contingent interests. In addition, the nonresident beneficiary cannot possess an inter vivos power of appointment over such income, nor can the fiduciary possess a discretionary power to distribute such income of the trust to themselves, unless such discretionary power is limited to ascertainable standards as defined by Section 2041(b)(1)(A) of the Internal Revenue Code. Enter on Form 504, line 4, the sum of lines 1 through 3. A Maryland exemption of $600 is allowed for a personal representative filing for a decedent’s estate (entity type 1). A fiduciary other than a personal representative (entity types 2 through 8) may deduct $200 as an exemption. These Maryland exemptions are claimed on Form 504, line 9. The fiduciary is NOT allowed a standard deduction or itemized deductions. 11 Figure your Maryland net taxable income Do not enter on line 11 of Form 504 Schedule A income that has been distributed. Line 11 is to be used only when income from intangible personal property is accumulated for a nonresident beneficiary. If line 11 is greater than zero, attach to Form 504 a copy of the federal Form 1041 and all schedules relating to the type(s) and source(s) of income included on line 11. Also, attach Form 504NBD listing all beneficiaries, their domiciliary addresses and applicable tax identification numbers, whether they are income beneficiaries, remaindermen or both, and the amount of intangible income accumulated for each beneficiary. If claiming the deduction on behalf of remaindermen, the deduction cannot be divided between resident and nonresident remaindermen. All remain dermen must be nonresidents of Maryland. If one remainderman is a Maryland resident, the deduction cannot be claimed. Identify all persons with a power of appointment over the trust property. See Administrative Release 16. Resident and nonresident fiduciaries, complete Form 504 lines 1 through 10. Line 10 is your Maryland net taxable income. For a nonresident fiduciary, the Maryland net taxable income from Maryland sources is calculated on Form 504NR, line 17e. 12 Maryland tax and nonrefundable tax credits Compute the tax in accordance with the 2023 FIDUCIARY TAX RATE SCHEDULE (12A) and enter the tax on line 11. Nonresident fiduciaries should read and refer to Instructions 7 and 13 for information on Form 504NR before continuing; for Form 504 line 11, enter the Maryland tax from Form 504NR, line 21. If the fiduciary is a resident and must pay income tax to another state, complete Form 502CR, Part A and Part AA and enter the result on Form 504, line 14. Enter on line 12 of Form 504 Schedule A, expenses allocable to this income. Subtract line 12 from line 11 to arrive at the amount of the nonresident beneficiary subtraction and enter this amount on line 13 of Form 504 Schedule A. Enter the amount from line 13 of Form 504 Schedule A on line 7 of Form 504 page 1. 9 NOTE: You must attach Form 502CR and a copy of the tax return filed in the other state or locality. If this is not attached, no credit will be allowed. If any credit is being claimed for Preservation and Conservation Easements on Form 502CR, complete Form 502CR, Parts F and AA and enter the result on line 14. If both credits are applicable, enter the sum on line 14. Income Also enter the sum on any nonrefundable Business Income Tax Credits from Part AAA of Form 504CR on line 15 of Form 504. Form 504CR and any required certification must be attached to Form 504 or the requested credit will not be approved. Enter the figure for federal taxable income from your federal fiduciary income tax return on line 1 of page 1 of Form 504. For a fiduciary exempt from taxation under IRC Sections 408(e)(1) or 501, enter on line 1 of Form 504 the fiduciary’s unrelated business taxable income (as defined under IRC Section 512.) Note to members of electing pass-through entities that file Form 511 A trust that is a member of a pass-through entity that elects to pay tax on all members' distributive or pro rata share of income ("electing pass-through entity") must add back to income the amount of the credit received for the tax paid by the electing pass-through entity. Enter the total of federal taxable income plus the amounts from Maryland Schedule 5 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS 2023 Fiduciary Tax Rate Schedule (12A) Line 16d. Enter the Income from ESBT from Form 504, line 3 For taxpayers filing as Single, Married Filing Separately, or as Dependent Taxpayers. This rate is also used for taxpayers filing as Fiduciaries. If the Taxable Net Income is: Line 16e. Enter the non-Maryland ESBT income included on line 16d (attach schedule showing computation). Line 16f. Net Maryland ESBT income. Subtract line 16e from 16d. If less than zero, enter zero. Maryland Tax is: Form 504NR, Line 17: At least: but not over: $0 $1,000 2.00% of taxable net income $1,000 $2,000 $20.00 plus 3.00% of excess over $1,000 $2,000 $3,000 $50.00 plus 4.00% of excess over $2,000 $3,000 $100,000 $90.00 plus 4.75% of excess over $3,000 $100,000 $125,000 $4,697.50 plus 5.00% of excess over $100,000 $125,000 $150,000 $5,947.50 plus 5.25% of excess over $125,000 $150,000 $250,000 $7,260.00 plus 5.50% of excess over $150,000 $250,000 -- $12,760.00 plus 5.75% of excess over $250,000 Line 17a. Enter the fiduciary’s share of distributable Maryland source income or loss from line 15 Column D on line 17a. Line 17b. Enter the fiduciary’s share of non-distributable taxable net income from Maryland source from line 15 Column E on line 17b. Line 17c. Add lines 16c, 16f, 17a, and 17b to arrive at the fiduciary’s Maryland net taxable income before exemption deduction and enter on line 17c. 13 Instructions for Maryland Form 504NR Maryland Fiduciary Nonresident Income Tax Calculation. Form 504NR must be filed by all nonresident fiduciaries who have: Line 17d. Enter the Maryland exemption amount from Form 504, line 9. 1. Any modifications to their federal income, or, Line 17e. Subtract line 17d from line 17c. This is the fiduciary’s Maryland net taxable income. Enter this amount on line 17e. 2. Income from non-Maryland sources. Form 504NR is a required attachment to Form 504 for all nonresident fiduciaries meeting the above criteria. Also see the Tax Preparer's Checklist and instructions for more details on Page 3 of Form 504NR. Form 504NR, Line 18. Enter the taxable net income from Form 504, line 10. Form 504NR, Line 19. Calculate the tax on this amount using Tax Rate Schedule 12A in Instruction 12. Part I – Reconciliation of Maryland and Federal Income (Loss) Form 504NR, Line 20. Calculate the Maryland Nonresident Factor by dividing the amount on line 17e by line 18. Carry to six decimal places. On Form 504NR, complete lines 1 through 14 of the Federal Income (Loss) column (Column A) using the figures from your federal fiduciary income tax return. Column (A) of line 14 on Form 504NR should equal the sum of lines 1 and 2 on Form 504. Enter in the Non-Maryland source columns (Columns B and C) all income or loss from non-Maryland sources. Enter in the Maryland source columns (Columns D and E) all income or loss from Maryland sources. Form 504NR, Line 21. Multiply line 20 by the tax shown on line 19 to arrive at the Maryland tax. Also enter this tax amount on line 11 of Form 504. Form 504NR, Line 22. Multiply the taxable net income on line 17e by 2.25% (0.0225) to calculate the Special Nonresident tax; also enter this tax amount on line 12 of Form 504. NOTE: The total Non-Maryland source income plus the total Maryland source income must equal the total federal income (loss). The sum of Columns (B) through (E) must equal Column (A) on Line 14 on Form 504NR. After you enter the tax amounts from Form 504NR on lines 11 and 12 of Form 504, complete the remainder of Form 504 following the instructions in the booklet. Form 504NR, Line 15. Add the amounts of income (loss) in Column (B), line 14 to the income (loss) in Column (C) to arrive at the total non-Maryland source income (loss). Then, calculate an income factor by dividing the total non-Maryland source income (loss) by the federal income (loss); carried to six decimal places. This factor cannot exceed 1 (100%) and cannot be less than zero (0%); if greater than 1, enter 1.000000; if less than zero (0), enter 0. 14 Special nonresident tax Nonresident fiduciaries enter on Form 504, line 12, the amount from Form 504NR, line 22. Resident fiduciaries should enter -0- on line 12 of Form 504 15 Local income tax Part II – Calculation of Nonresident Maryland Income Tax The counties of Maryland and Baltimore City are empowered to levy a local income tax that is collected by the Comptroller with the State tax. You must use the local tax rate in effect for the county that you entered on the front page of the form. See the LOCAL TAX RATE CHART (15A) and LOCAL TAX WORKSHEET (15B) (For Anne Arundel County residents use the ANNE ARUNDEL COUNTY TAX WORKSHEET (15C)). Form 504NR, Line 16: Line 16a. Enter the fiduciary’s share of the net Maryland modifications from Form 504, line 5. Line 16b. Multiply the fiduciary’s share of the net Maryland modifications (line 16a) by the income factor on line 16 to arrive at the net modification amount attributable to non-Maryland sources. In the alternative, allocate the fiduciary’s share of the net Maryland modifications based on the net applicable Maryland modifications attributable to non-Maryland sources. If the fiduciary is a resident and completed Form 502CR, Part A because it paid income tax to another state or locality and credit for the Maryland local tax exists, enter the result from Part BB of Form 502CR on Form 504, line 19. Line 16c. The fiduciary’s share of the net Maryland modifications attributable to Maryland sources is the difference between 16a and 16b. Enter this difference on line 16c. 6 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS 16 2023 LOCAL TAX RATE CHART (15A) Subdivision Baltimore City. . . . . . . . . . . . . . . . . . . . . . . . . . . . Allegany County.. . . . . . . . . . . . . . . . . . . . . . . . . . Anne Arundel County.. . . . . . . . . . . . . . . . . . . . . Baltimore County. . . . . . . . . . . . . . . . . . . . . . . . . . Calvert County. . . . . . . . . . . . . . . . . . . . . . . . . . . Caroline County.. . . . . . . . . . . . . . . . . . . . . . . . . . Carroll County.. . . . . . . . . . . . . . . . . . . . . . . . . . . Cecil County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charles County. . . . . . . . . . . . . . . . . . . . . . . . . . . Dorchester County.. . . . . . . . . . . . . . . . . . . . . . . . Frederick County.. . . . . . . . . . . . . . . . . . . . . . . . Garrett County. . . . . . . . . . . . . . . . . . . . . . . . . . . Harford County. . . . . . . . . . . . . . . . . . . . . . . . . . . Howard County. . . . . . . . . . . . . . . . . . . . . . . . . . . Kent County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Montgomery Count. . . . . . . . . . . . . . . . . . . . . . . . Prince George’s County. . . . . . . . . . . . . . . . . . . . . Queen Anne’s County. . . . . . . . . . . . . . . . . . . . . . . St. Mary’s County. . . . . . . . . . . . . . . . . . . . . . . . . Somerset County. . . . . . . . . . . . . . . . . . . . . . . . . . Talbot County . . . . . . . . . . . . . . . . . . . . . . . . . . . . Washington County . . . . . . . . . . . . . . . . . . . . . . . . Wicomico County. . . . . . . . . . . . . . . . . . . . . . . . . . Worcester County . . . . . . . . . . . . . . . . . . . . . . . . . Total Maryland tax, local tax and contributions Rate . . .0320 . . .0303 .See below* . . .0320 . . .0300 . . .0320 . . .0303 . . .0280 . . .0303 . . .0320 .See below** . . .0265 . . .0306 . . .0320 . . .0320 . . .0320 . . .0320 . . .0320 . . .0300 . . .0320 . . .0240 . . .0295 . . .0320 . . .0225 Add lines 17 and 20, and enter the result on line 21. Add to your tax any contributions from lines 22, 23, 24 and 25. Enter the total on line 26. Chesapeake Bay and Endangered Species Fund You may contribute any amount you wish to this fund. The amount contributed will reduce your refund or increase your balance due. Developmental Disabilities Services and Support Fund You may contribute any amount you wish to this fund. The amount contributed will reduce your refund or increase your balance due. Maryland Cancer Fund You may contribute any amount you wish to this fund. The amount contributed will reduce your refund or increase your balance due. Fair Campaign Financing Fund You may contribute any amount you wish to this fund. The amount contributed will reduce your refund or increase your balance due. NOTE * Anne Arundel Co. The local tax rates for taxable year 2023 are as follows: (1) .0270 of a fiduciary’s Maryland taxable income of $1 through $50,000; and (2) .0281 of a fiduciary’s Maryland taxable income in excess of $50,000. IMPORTANT: If there are not sufficient credits or other payments to satisfy your tax and the contribution you have designated, the contribution amounts will be reduced. If you have entered amounts for contribution to multiple funds, any reduction will be applied proportionately. 17 Taxes paid and refundable credits ** Frederick Co. The local tax rates for taxable year 2023 are as follows: (1) .0275 for fiduciaries with Maryland taxable income of $50,000 or less; and (2) .0296 for all other fiduciaries. Write your taxes paid and refundable tax credits on lines 27-30 of Form 504. Add lines 27 through 30 and enter the total on line 31. Taxes paid LOCAL TAX WORKSHEET (15B) If Maryland tax was withheld from wages (or other compensation) paid to a decedent’s estate, enter the amount on line 27 and attach the wage and tax statement, or Form 1099. Multiply the taxable net income by the tax rate from the LOCAL TAX RATE CHART (15A) for the county in which the fiduciary was a resident on the last day of the taxable period. Enter the result on line 18 of Form 504. This is the fiduciary local income tax. If you participated in a nonresident real estate transaction, you must report any income tax withheld on your behalf as an estimated payment. 1. Taxable net income from line 10 of Form 504 . . . . . . . . . . . . . . . . . . . . . . . $ ______________ 2. Local tax rate from Local Tax Rate Chart . . . . . . . . . . . . . . . . . . . . . . . . Enter on line 28 the total of Maryland estimated tax payments, any taxes withheld from a nonresident real estate transaction and any payment made with a request for an extension of time to file the return. See instructions on Form 504E. .0 _______________ 3. Local income tax (Multiply line 1 by line 2.) Enter this amount on line 18 of Form 504 rounded to the nearest cent or whole dollar.. $ ______________ Credits If the estate or trust was a member of a pass-through entity (PTE) doing business in Maryland and the PTE paid nonresident tax on its behalf, enter the amount on line 29. You must attach a Maryland Schedule K-1 (510/511) from the PTE showing the amount of tax paid on behalf of the estate or trust. ANNE ARUNDEL COUNTY TAX WORKSHEET (15C) If the Taxable Net Income is: At least: Anne Arundel County Tax is: This credit may be passed through the nonresident fiduciary and claimed by the beneficiary on its applicable Maryland income tax return in an amount proportionate to the distribution of income by the nonresident fiduciary to that beneficiary. but not over: $0 $50,000 $50,000 2.70% of taxable net income --- $1,350 plus 2.81% of excess over $50,000 DO NOT include the amount on line 29 if the fiduciary elects to pass this credit through to the beneficiaries. Include the Maryland Schedule K-1 (504), as well as Maryland Schedule K-1 (510/511) showing the amount of tax paid by the PTE on behalf of the trust being passed through to the beneficiary. The statement must also include the names and FEINs of PTEs paying tax. 7 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS financial partners, and NACHA any tax return information, such as your name, and the name(s) as it appears on the bank account to make the deposit. Complete lines 38a, b, c, and d of Form 504 if you want us to deposit your refund directly into your account at a bank or other financial institution (such as a mutual fund, brokerage firm or credit union) in the United States. If the estate or trust participated in a nonresident real estate transaction as a member of a PTE that paid taxes on its behalf using Form MW506NRS, report this payment on line 29. Add the total of business income tax credits from Form 504CR, Part CCC, Line 11 to Line 30 of Form 504. Complete and submit Form 504CR with Form 504. For additional information regarding any of the Business Income Tax credits, see the instructions provided on Form 504CR. Also, add to line 30 any Heritage Structure Rehabilitation Tax Credit from Form 502S. Splitting Your Direct Deposit If you would like to deposit portions of your refund to multiple accounts, do not complete any direct deposit information on your return. Instead, you must enter code number 588 on one of the code number lines on your return, and complete and attach Form 588. 18 Overpayment or balance due Calculate the Balance Due (line 32 of Form 504) or Overpayment (line 33 of Form 504). NOTE: You may not use Form 588 if you are filing Form 502INJ, Injured Spouse Claim Form, or if you plan to deposit your refund in a bank outside the United States. Part or all of any overpayment may be applied to 2024 estimated tax by completing line 34. Subtract line 34 from the overpayment (line 33). This is the amount of the refund. Individual taxpayers now have the option to use all or part of their income tax refund to purchase U.S. Series I Savings Bonds. See Form 588 for additional details. Underpayment of Estimated Tax All taxpayers should refer to Form 504UP to determine if they owe interest because they paid too little estimated tax during the year. Check with your financial institution to make sure your direct deposit will be accepted and to get the correct routing and account numbers. If you enter CAUTION the incorrect account or omit any required information, the State of Maryland will not be responsible for recovering that refund and/or for making direct deposit payment electronically ! If you owe interest, complete Form 504UP and write the amount of interest (line 15 of Form 504UP) in the appropriate box on line 36 of Form 504. Attach Form 504UP. Generally, you do not owe interest if: a. You owe less than $500 tax on income which is not subject to Maryland withholding; or, Line 38a Check the appropriate box to identify the type of account that will be used (checking or savings). You must check one box only or a refund check will be mailed. b. Each current year payment, made quarterly as required, is equal to or more than one-fourth of 110% of last year’s taxes that were developed; or, Line 38b c. You made quarterly payments during the year which equal 90% of this year’s tax; or, The routing number must be nine digits. If the first two digits are not 01 through 12 or 21 through 32, the direct deposit will be rejected and a check sent instead. If you are not sure of the correct routing number, contact your financial institution. d. The year ends less than two years after the decedent’s date of death. If after completing Form 504UP there is no interest due or you meet exception “d,” see Instruction 19 for additional information regarding code numbers. If you are not sure of the correct routing number or if your check states that it is payable through a financial institution different from the one at which you have your checking account, contact your financial institution for the correct routing number. Interest for Late Filing Interest is due at the rate of 10.0075% annually or 0.8339% per month for any month or part of a month that a tax is paid after the original due date of the 2023 return but before January 1, 2025. For assistance in calculating interest for tax paid on or after January 1, 2025, visit marylandtaxes.gov. Line 38c The account number can be up to 17 characters (both numbers and letters). Omit spaces, hyphens and special symbols. Enter the number from left to right. - Penalty up to 10% may be assessed by the Comptroller of Maryland for failing to pay any tax, or failing to file a tax return, when due. If we are notified by the financial institution that the direct deposit is not successful, a refund check will be mailed to you. Total Interest Have a bank statement for the account available if you contact us concerning the direct deposit of your refund. Enter the total interest for underpayment of estimated tax and interest for late filing on line 36. Line 38d. You must indicate the full name as it appears on the bank account. Direct Deposit of Refund To comply with banking and National Automated Clearing House Association (NACHA) rules, we ask you to indicate by checking the appropriate box on your return if the state refund is going to an account outside the United States. If you indicate that this is the case, STOP! do not enter your routing and account numbers, as the direct deposit option is not available to you. We will send you a paper check. Disclosure By requesting a direct deposit of your Maryland tax refund and entering your bank account number, routing number, account type, and name(s) as it appears on your bank account and on your income tax return, you authorize the Comptroller's Office to disclose this information regarding your refund amount to the Maryland State Treasurer's Office (who performs banking services for the Comptroller's Office). By choosing direct deposit of your refund and checking the appropriate box, you authorize the State of Maryland to disclose to your bank, to the State’s depository bank and their 8 MARYLAND FORM 504 19 2023 FIDUCIARY TAX RETURN INSTRUCTIONS 21 Telephone number, code numbers, signatures and attachments ELECTRONIC FILING AND PAYMENT INSTRUCTIONS Enter your telephone number and sign and date your return. Be sure to attach all required forms, schedules and statements. ELECTRONICALLY FILING YOUR RETURN The fastest way to file your return, and receive your refund is to file electronically and request direct deposit. If you request direct deposit on your electronic return, your refund should be in your bank account within 72 hours of acknowledgment from the Revenue Administration Division. You may request electronic funds withdrawal (direct debit) payments on your electronic return. Code Numbers IMPORTANT: If you complete Form 504UP and, because of the timing of the distributions of income, have no interest due, attach the form to your fiduciary return and write code number 301 on one of the lines marked CODE NUMBER at the bottom of Form 504. You may file your return electronically through your personal computer. If you use the annualization method to calculate interest for underpayment of estimated tax, attach Form 504UP to your fiduciary return and write code number 301 on one of the lines marked CODE NUMBER at the bottom of Form 504. For the Revenue Administration Division to recognize your use of this calculation method, you must enter the code number and attach the form, even if there is no interest due. Do not send a paper copy of the return if you electronically filed. For more information, visit marylandtaxes.gov. PAYMENT BY CHECK OR MONEY ORDER Make checks or money orders payable to Comptroller of Maryland. On your check or money order, in blue or black ink only, you must include the Federal Employer Identification Number, tax year, and tax type. Failure to include this information will delay the processing of your payment. If the return is for a decedent’s estate within two years of the date of death, enter 301 on one of the CODE NUMBER lines. Do not attach Form 504UP. Tax Preparers If another person prepared your return, that person must also print name and sign the return and enter their Preparer’s Tax Identification Number (PTIN). The preparer declares that the return is based on all information required to be reported of which the preparer has knowledge, under penalties of perjury. Penalties may be imposed for tax preparers who fail to sign the tax return and provide their PTIN. At the bottom of the return at the signature area, we have provided a check box for you to authorize your preparer to discuss your return with us. DO NOT SEND CASH. 22 Due Date Returns must be mailed by April 15, 2024, for calendar year taxpayers. Fiduciaries filing on a fiscal year basis should see Instruction 24. 23 Extension of time to file Signature and verification This return must be verified and signed by the individual fiduciary or an authorized officer of a corporate fiduciary. If two or more individuals act jointly as fiduciaries, the return may be verified and signed by either. Follow the instructions on Form 504E to request an automatic extension of the time to file your 2023 return. Filing this form extends the time to file your return, but does not extend the time to pay your taxes. Payment of the expected tax due is required with Form 504E by April 15, 2024. Attachments Be sure to attach wage and tax statements (Forms W-2, W-2G and 1099(s)) to the front of your return if Maryland tax is withheld. Complete and attach Maryland Schedule K-1 (504) for each beneficiary. See Administrative Release 16. Also attach all forms, schedules and statements required by these instructions. Place your check or money order on top of the wage and tax statements and fasten with one staple on the front of your tax return. Mail your return 24 Fiscal year You must file your Maryland return using the same tax year and the same basis (cash or accrual) as you used on your federal return. To file a fiscal year return, complete the fiscal year information at the top of Form 504 and print “FY” in bold letters in the upper left corner of the form. Whenever the term “tax year” appears in these instructions, fiscal year taxpayers should understand the term to mean “fiscal year.” Use the 2023 forms for fiscal years that begin during calendar year 2023. Fiscal year returns are due on the 15th day of the 4th month following the close of the fiscal year. If you are filing on a fiscal year basis, file Form 504E by the regular due date of your return. 20 Mail your return to: Comptroller of Maryland Revenue Administration Division 110 Carroll Street Annapolis, Maryland 21411-0001 25 Private Delivery Services If you wish to send your items by a private delivery service (such as FedEx or UPS) instead of the U.S. Postal Service, use the following address: Amended returns If you need to change a return that you have already filed, or if the Internal Revenue Service changes your return, you must file an amended return. Private Delivery Service Address: Comptroller of Maryland Revenue Administration Division 110 Carroll Street Annapolis, Maryland 21411-0001 410-260-7980 NOTE: Changes made as part of an amended return are subject to audit for up to three years from the date the amended return is filed. 9 MARYLAND FORM 504 2023 FIDUCIARY TAX RETURN INSTRUCTIONS Use Form 504 and Form 504NR, if applicable, to file an amended return. Be sure to check the AMENDED RETURN box and draw a line through any barcode on the front of the return. An explanation must be provided on page two of the amended Form 504. A copy of the amended federal return must be attached. 11 of the United States Code. The bankruptcy estate is treated as a separate taxable entity. A separate taxable entity is not created when an individual is in a state receivership. The fiduciary of a Chapter 7 or a Chapter 11 bankruptcy estate is required to file the estate’s return and must file a Maryland return if the fiduciary or trustee is required to file a federal return and has Maryland taxable income. The fiduciary must use the Maryland Fiduciary Return, Form 504. Changes to Your Federal Return If the Internal Revenue Service makes any changes to your federal return, you must notify the State of Maryland. Send notification to the Maryland Revenue Administration Division within 90 days of the final determination of the changes by the IRS. For an individual, the fiduciary return is the mechanism for paying the tax. The calculation is done on the individual income tax return, Form 502, and the tax is carried to the fiduciary return. The fiduciary of an individual bankrupt debtor should attach the completed Form 502 to Form 504. Draw a line through any barcodes on Form 502 and write “Bankruptcy Estate” in the name and address area. If you file an amended federal fiduciary return that changes your fiduciary return, you must file an amended Maryland return. A trustee of a corporate debtor or other bankrupt entity, who has possession of the bankrupt estate by court order or who holds title to all or substantially all of the property of a bankrupt entity, must file the income tax return for the entity. The fiduciary would be required to file a Maryland income tax return, if the fiduciary is obligated to file a federal return on behalf of the bankrupt entity and also has Maryland taxable income. If Your Original Return Showed a Refund If you expect a refund from your original return, do not file an amended return until you have received your refund check. Cash the check. Do not return it. If your amended return shows a smaller refund, send a check for the difference with the amended return. If your amended return shows a larger refund, the Revenue Administration Division will issue an additional refund check. The fiduciary should attach a notice of the filing of the bankruptcy estate, which is issued by the applicable bankruptcy court, to the return. Additional Information Do not file an amended return until sufficient time has passed to allow the original return to be processed. For current year returns, allow at least six weeks. 27 Qualified funeral trusts Generally, a claim for a refund or overpayment credit must be filed within three years from the date the original return was filed or within two years from the date the tax was paid, whichever is later. An original return filed early is considered filed on the date it was due. A fiduciary may file a composite fiduciary income tax return reporting the income of the funeral trusts administered by that fiduciary, instead of one fiduciary return for each trust. Check Entity Type
Tax Year 2023 Fiduciary Booklet
More about the Maryland Fiduciary Booklet Corporate Income Tax TY 2023
Instructions for filing fiduciary income tax returns.
We last updated the Maryland Instructions for Fiduciaries in February 2024, so this is the latest version of Fiduciary Booklet, fully updated for tax year 2023. You can download or print current or past-year PDFs of Fiduciary Booklet directly from TaxFormFinder. You can print other Maryland tax forms here.
Other Maryland Corporate Income Tax Forms:
TaxFormFinder has an additional 41 Maryland income tax forms that you may need, plus all federal income tax forms.
Form Code | Form Name |
---|---|
Form 500E | Application for an Extension to File Corporation Income Tax Return |
510 Schedule K-1 | Maryland Pass-Through Entity Members Information |
Fiduciary Booklet | Maryland Instructions for Fiduciaries |
500CR-Instructions | Business Income Tax Credits |
Form 510 | Pass-Through Entity Tax Return |
View all 42 Maryland Income Tax Forms
Form Sources:
Maryland usually releases forms for the current tax year between January and April. We last updated Maryland Fiduciary Booklet from the Comptroller of Maryland in February 2024.
About the Corporate Income Tax
The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.
Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).
Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.
Historical Past-Year Versions of Maryland Fiduciary Booklet
We have a total of seven past-year versions of Fiduciary Booklet in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
Tax Year 2023 Fiduciary Booklet
2022 Fiduciary booklet
2021 Fiduciary booklet
TY-2017-Fiduciary_Booklet.pdf
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