WILLIAM DONALD SCHAEFER, Governor

Ch. 2

(II) THE AMOUNTS REQUIRED UNDER § 8-213 FOR ITS
DISTRIBUTION.

REVISOR'S NOTE: Items (1), (4), and (5) of this section are
new language derived without substantive change from
former Art. 81, § 128A(e)(3) and (5)(i) and the second
clause of (4).

Items (2) and (3) of this section are new language
substituted for the second clause of former Art. 81, §
128A(e)(4), which conferred on the Department "the
same administrative and rule-making powers and duties
... as the Comptroller has with respect to income
tax", and (g), which enabled the Director to allocate
net earnings. See, e.g., §§ 2-102(3) and 2-103 of
this article.

This section is revised to incorporate the substance
of former Art. 81, § 128(e)(1), (f), and (g). As to
the transfer of former Art. 81, § 128(a) through (h-1)
to the Session Laws, see the General Revisor's Note to
this subtitle.

In item (1) of this section, the requirement that laws
be administered "consistent with this subtitle and
with Title 10 of this article" is substituted for the
former requirements that the tax be administered "in
accordance with the provisions of the subtitle 'Income
Tax' of this article not inconsistent with this
section", for clarity.

Item (2) of this section is revised to require that
the allocation methods be adopted by "regulation" in
light of SG § 10-101(e).

In item (4) of this section, the references to
"penalties" and "interest" are added for clarity.

Also in item (4) of this section, the defined term
"financial institution franchise tax" is substituted
for the former reference to the tax "imposed by this
section", for clarity and consistency.

The first clause of former Art. 81, § 128A(e)(4),
which provided that "[r]eference in the subtitle
'Income Tax' to the Comptroller of the Treasury shall
be taken to mean the Department for purposes of this
section", is deleted as surplusage.

Defined terms: "Comptroller" § 1-101

"Department" § 1-101

"Financial institution franchise tax" § 1-101

8-212. CERTIFICATIONS FOR PAYMENT OF REFUNDS.

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