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1916 Report of the State Tax Commissioner
Volume 432, Page 32   View pdf image (33K)
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32

mation. A designated class of foreign corporations are exempt from
these requirements. The application and annual renewal petition
are filed in the office of the Secretary of State, and this official is
rquired to issue a certificate of compliance. Section 94 sets forth
the penalties for which the corporation is liable in case of failure
to comply with the law, and thereafter the company is liable to suit
on part of the State for the collection of the franchise tax and also
for the penalty. The amount of the annual franchise tax payable
by foreign corporations is determinable by the section, which is as
follows:

"the sum of twenty-five dollars for every full fifty thousand
dollars of capital employed by it in this State up to five
hundred thousand dollars, but in no case less than twenty-
five dollars; if the amount of such capital is more than five
hundred thousand dollars, and not more than five million
dollars, then an additional amount equal to one-fortieth of
one per cent, on the excess; and if more than five million
dollars, then an additional amount at the rate of thirty
dollars for every million dollars of such last named excess."

There are no provisions for the payment of interest if the
amount is not paid promptly, nor any other charges in the nature
of penalties as there are in case of the non-payment of the annual
franchise tax by domestic corporations. Interest is payable on the
amount of the annual franchise tax due from domestic corporations
if not paid before the first day of May, and in addition domestic
corporations are liable to a penalty of 10% of the franchise tax after
the first day of the succeeding November in case the tax is not paid
by that date.

The law applicable to foreign corporations is not as stringent
as the law concerning domestic corporations, and consequently
Maryland corporations are discriminated against.

The Comptroller of the Treasury of the State drew the atten-
tion of the Legislature of 1912 to the fact that the information of
foreign corporations in the office of the Secretary of State was not
required to be certified to the Comptroller, and that the data upon
which the bills for annual franchise tax was computed was obtained
indirectly, rather than directly.


 

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1916 Report of the State Tax Commissioner
Volume 432, Page 32   View pdf image (33K)
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