Ch. 2

LAWS OF MARYLAND

The Tax - General Article Review Committee notes, for
consideration by the General Assembly, that the
current law does not provide for an S corporation
return. The Comptroller has relied on former Art. 81,
§ 304(b) to support the long-standing practice of
requiring S corporations to file a return, when the
annual return for other corporations is due. The
former subsection required returns by any "taxpayer
liable to any tax imposed by this subtitle". The Tax
General Article Review Committee believes that the
exemption of an S corporation from the income tax
under § 10-104 of this title excludes an S corporation
from the requirements of former Art. 81, § 304(b). On
the other hand, Ch. 708, Acts of 1987, seemingly
adopted the practice of the Comptroller by amending
former Art. 81, § 312(a-2)(3) to provide for returns
and payments of withholdings "with the filing of the
'S' corporation return". The Tax - General Article
Review Committee urges the General Assembly to clarify
the requirements with respect to S corporations.

Defined terms: "Corporation" § 10-101
"Income tax" § 1-101 "Taxable year" § 10-101

10-822. RETURNS ON WITHHOLDINGS

(A) REQUIRED.

IN GENERAL.

EXCEPT AS PROVIDED IN § 10-823 OF THIS SUBTITLE, A PERSON
REQUIRED UNDER § 10-906 OF THIS TITLE TO WITHHOLD INCOME TAX
SHALL COMPLETE AND FILE WITH THE COMPTROLLER:

(1)  A QUARTERLY INCOME TAX WITHHOLDING RETURN, ON OR
BEFORE THE LAST DAY OF THE MONTH THAT FOLLOWS THE CALENDAR
QUARTER IN WHICH THAT INCOME TAX WAS WITHHELD; OR

(2)  IF THE PERSON REASONABLY EXPECTS THE TOTAL AMOUNT
OF INCOME TAX REQUIRED TO BE WITHHELD IN A QUARTERLY PERIOD TO BE
$300 OR MORE, A MONTHLY INCOME TAX WITHHOLDING RETURN:

FEBRUARY 15;
MARCH 15;
APRIL 30;
15;

31;

(I)  FOR THE MONTH OF JANUARY, ON OR BEFORE

(II)  FOR THE MONTH OF FEBRUARY, ON OR BEFORE

(III)  FOR THE MONTH OF MARCH, ON OR BEFORE

(IV)  FOR THE MONTH OF APRIL, ON OR BEFORE MAY

(V)  FOR THE MONTH OF MAY, ON OR BEFORE JUNE 15;

(VI)  FOR THE MONTH OF JUNE, ON OR BEFORE JULY

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