Posted on 05/18/2015 9:29:06 AM PDT by Brad from Tennessee
A divided Supreme Court said Monday that Maryland’s income tax law is unconstitutional because it does not provide a full tax credit to residents for income tax paid outside the state, a ruling likely to cost Maryland counties and localities across the country millions of dollars in revenue.
The court voted 5-4 to affirm a 2013 Maryland Court of Appeals decision that the state’s practice of withholding a credit on the county segment of the state income tax violated the Commerce Clause because it might discourage individuals from doing business across state lines.
In most states, income from elsewhere is taxed both where the money is made and where taxpayers live. To guard against double taxation, states usually give residents a full credit for income taxes paid on out-of-state earnings.
Maryland residents are permitted to deduct income taxes paid to other states from what they pay in Maryland state income tax. But the state did not allow the same deduction to be applied to a “piggy back” tax that is collected by the state for counties and some cities.
The ruling means that Maryland taxpayers who tried to claim the credit on their county income tax returns between 2006 and 2014 are likely to be eligible for refunds, which the state Comptroller’s office says could total $200 million with interest. . .
(Excerpt) Read more at washingtonpost.com ...
Hello monster class-action lawsuit.
Even Pennsylvania, the land of taxes, allows the credit to be applied against the local taxes.
PING:)
Maxistland doesn’t care. They’ll just raise taxes somewhere else.
—...a ruling likely to cost Maryland counties and localities across the country millions of dollars in revenue.—
I don’t suggest driving through MD anytime soon.
All that extra Money and still Baltimore as a Hell-hole exists.......
Quick... MORE MONEY, STAT!!!
/sarc
...and the money was used to create the utopia of Baltimore.
Can't wait to see how Mosby handles that. Maybe Bambi will give her help from the DOJ.
a good liberal wouldn’t ask for the money back.
Kind of ironic that after 41 of the past 45 years Maryland having Democrat Governors, it is Martin O’Malley’s (D) Republican successor, Lawrence Hogan, will be the one to bear the burden of this repayment.
And yes, I’m sure that Democrat Presidential Candidate O’Malley will be mentioning this little problem in his campaign materials - NOT!
Yeah, total FBI surveillance files on all lead plaintiffs and all attorneys might come in handy, just for a start.
Then the IRS audits can kick in.
.... ping.....
Gol damn, it’s getting tougher to screw people..... back to the drawing board!
Gol damn, it’s getting tougher to screw people..... back to the drawing board MD!
I do not completely understand the issue.
Suppose you pay $2000 in another state, and your Maryland tax is $3000. You deduct the $2000, and pay Maryland $1000. If your county tax is $500, why should you be able to use the credit again? You’ve already used it against you Maryland tax.
In NY, city income tax is administered on the state form. You calculate your total state and city tax, and then applty credits against that.
In MD, the county tax is a percentage of the Maryland state tax, BEFORE you apply the tax credit for out of state payments. So while MD (sate), does not tax you on out of state earnings, the counties do.
OK, that is much different from what we do up here in NYC/NY.
So if they calculated the county tax completely from scratch, instead of using a percentage of the Maryland tax, this would not be an issue because your out-of-state credit would be already ‘used up’ on your Maryland tax.
This is opposite of the NY/NYC commuter tax. That taxes people who do not live in the city for working in the city. This taxes income earned outside the state for the portion going to counties while rebating the state portion.
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