Thank you for that additional information. Another way of reviewing this matter is to consider what MD has specifically excluded from the pension exclusion. In this regard, the Comptroller of MD has stated:
"A traditional IRA, a Roth IRA, a simplified employee plan (SEP), a Keogh Plan or an ineligible deferred compensation plan does not qualify." (bolded text in the original)
In other words, MD has specifically identified the types of retirement plans that don't get the benefit of the exclusion, but chose to allow annuities, presumably of all types, to get the exclusion. If there were a reason to exempt charitable gift annuities from the exclusion, it is reasonable to assume that MD would have included them among the retirement plans that are excluded. Yet, it is always useful to obtain the opinion of another tax advisor and given the importance of this issue, that may be something to consider.
@Don-TT
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