Ch. 3

2007 Laws of Maryland

B. THE PROPERTY IS SHIPPED OR DELIVERED TO A
CUSTOMER IN A STATE IN WHICH THE SELLING CORPORATION IS NOT SUBJECT
TO A STATE CORPORATE INCOME TAX OR STATE FRANCHISE TAX MEASURED BY
NET INCOME AND COULD NOT BE SUBJECTED TO SUCH A TAX IF THE STATE
WERE TO IMPOSE IT:

3. FOR ANY INCOME THAT THE TAXPAYER HAS
IDENTIFIED. ON THE INCOME TAX RETURN FILED UNDER THIS TITLE OR ON AN
INCOME TAX RETURN FILED IN ANY STATE. AS INCOME THAT IS NOT
APPORTIONABLE:

A. THE AMOUNT AND SOURCE OF THAT
NONAPPORTIONABLE INCOME:

B. UNLESS THE PRINCIPAL EXECUTIVE OFFICE OF
THE CORPORATION IS IN THIS STATE. THE STATE TO WHICH THAT
NONAPPORTIONABLE INCOME WAS ALLOCATED: AND

C. IF THE PRINCIPAL EXECUTIVE OFFICE OF THE
CORPORATION IS IN THIS STATE. THE DIFFERENCE IN TAX THAT WOULD BE
OWED IF THE CORPORATION WERE REQUIRED TO ALLOCATE 100% OF THE
NONAPPORTIONABLE INCOME TO MARYLAND:

4. THE FULL-TIME EQUIVALENT EMPLOYMENT OF
THE CORPORATION IN THE STATE ON THE LAST DAY OF THE TAXABLE YEAR AND
FOR THE 3 PREVIOUS TAXABLE YEARS: AND

5.        IF THE CORPORATION IS INCORPORATED IN THE

UNITED STATES OR IS AN AFFILIATE OF A CORPORATION INCORPORATED IN
THE UNITED STATES. PROFITS BEFORE TAX REPORTED ON THE SECURITIES
AND EXCHANGE COMMISSION FORM 10-K FOR THE CORPORATION OR THE
CORPORATE GROUP OF WHICH THE CORPORATION IS A MEMBER FOR THE
CORPORATE FISCAL YEAR THAT CONTAINS THE LAST DAY OF THE TAXABLE
YEAR.

(D) (1) THE STATEMENTS REQUIRED UNDER SUBSECTIONS (B) AND
(C) OF THIS SECTION:

(I) SHALL BE FILED ANNUALLY. FOR ALL TAXABLE YEARS
BEGINNING AFTER DECEMBER 31, 2005, ON OR BEFORE DATES SPECIFIED BY
THE COMPTROLLER IN AN ELECTRONIC FORMAT AS SPECIFIED BY THE
COMPTROLLER:

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