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Session Laws, 1988
Volume 770, Page 363   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 2

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH
INDIVIDUAL WHO REASONABLY EXPECTS ESTIMATED INCOME TAX FOR A
TAXABLE YEAR ON INCOME NOT SUBJECT TO WITHHOLDING UNDER SUBTITLE
9 OF THIS TITLE TO EXCEED $100 SHALL FILE A DECLARATION OF
ESTIMATED INCOME TAX.

(B)  INCOME FROM WAGERING.

EACH INDIVIDUAL WHO RECEIVES INCOME OF $500 OR MORE IN CASH
OR PROPERTY FROM WAGERING, INCLUDING THE OPERATION OF A GAMBLING
MACHINE OR DEVICE AND PARTICIPATION IN AN AMUSEMENT, EDUCATIONAL,
OR ADVERTISING PROGRAM, CONTEST, LOTTERY, OR RAFFLE, SHALL FILE A
DECLARATION OF ESTIMATED INCOME TAX.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and tenth
sentences of former Art. 81, § 312(j)(l) and, as it
related to filing a return on wagering income, the
first clause of (2).

The introductory clause of subsection (a) of this
section, "[e]xcept as provided in subsection (b) of
this section", is added for clarity.

In subsection (a) of this section, the words
"reasonably expects ... to exceed" are substituted for
the former word "exceeds", for clarity.

Also in subsection (a) of this section, the former
reference to income of a "husband and wife" is deleted
as unnecessary in light of the reference to the income
of an individual.

Also in subsection (a) of this section, the former
exclusion for a fiduciary and the estate are deleted
as unnecessary in light of the definition of
"individual" in § 10-801 of this subtitle.

Also in subsection (a) of this section, the former
reference to a merchant seaman's being exempt from the
requirement to file a declaration is deleted as
obsolete. Under current federal law, a merchant
seaman is subject to federal withholding.

Defined terms: "Income tax" § 1-101
"Individual" § 10-801 "Property" § 1-101
"Taxable year" § 10-101

10-816. CORPORATION DECLARATION OF ESTIMATED TAX.

EACH CORPORATION THAT REASONABLY EXPECTS ESTIMATED INCOME
TAX FOR A TAXABLE YEAR TO EXCEED $1,000 SHALL FILE A DECLARATION
OF ESTIMATED INCOME TAX.

- 363 -

 

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Session Laws, 1988
Volume 770, Page 363   View pdf image
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