ALERT for Maryland and Indiana Residents

ALERT FOR MD and IN RESIDENTS

Today, SCOTUS released its opinion in Wynne v MD comptroller and ruled that the MD income tax schematic is a violation of the Commerce Clause and unconstitutional. This will probably affect Indiana as they have the same system in place. For primers, MD imposes a state tax and a county piggyback tax collected by the MD Comptroller. If an individual works out of state, the credits for taxes paid to other jurisdictions only apply to the state portion, not the county portion. This is not like PA and OH where they have their own local taxing authority.

This ruling means that any MD (and most likely Indiana) resident with out of state income in which the other state tax exceeded the state portion will be allowed to use the excess as a credit against the county portion of the tax.

Any of our clients (and anyone else for that matter) that were based in MD and IN and worked out of state may be able to amend up to 3 years of returns and received a refund

Below is a link to the opinion:
http://www.supremecourt.gov/opinions/14pdf/13-485_o7jp.pdf

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