MD Administrative release 5 deals with Mutual Fund Distributions of Tax-Exempt Interest and Capital Gains from State and Local Obligations and says this about capital gains: C. Capital gains...
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MD Administrative release 5 deals with Mutual Fund Distributions of Tax-Exempt Interest and Capital Gains from State and Local Obligations and says this about capital gains: C. Capital gains from the sale of mutual funds shares - Capital gains realized from the sale of shares in a mutual fund are subject to Maryland tax. In this respect, Maryland law follows federal law and the capital gains portion flows through from the federal return to the Maryland return without modification. I can see this as a reason to exclude mutual fund CGs as a subtraction. However it does not take into account when there are US Government obligations identified in a brokerage statement for a fund that pays out CGDs. MD Admin Release 11 deals specifically with Income from Regulated Investment Companies Which Invest in U.S. Government Obligations and Income from Repurchase Agreement Transactions. And says this: Shareholders may subtract that portion of their distribution or dividend received from a mutual fund which represents United States government obligation interest even if the mutual fund receives less than 50% of its interest from United States government obligations. I believe the word distribution is what Box 2A shows as a Total Capital Gain Distribution. I can find no further clarification on what "distribution" means. and then this in the MD Code subparagraph 2 below: General Section 10-207 Article - Tax - General § 10-207. (a) To the extent included in federal adjusted gross income, the amounts under this section are subtracted from the federal adjusted gross income of a resident to determine Maryland adjusted gross income. (b) The subtraction under subsection (a) of this section includes a distribution, to a beneficiary, of accumulated income on which a fiduciary has paid the income tax. (c) The subtraction under subsection (a) of this section includes interest or dividends attributable to an obligation of the United States or an authority, commission, instrumentality, possession, or territory of the United States. (c-1) (1) (i) In this subsection, the following words have the meanings indicated. (ii) "Mutual fund" means a regulated investment company as defined under § 851 of the Internal Revenue Code. (iii) "United States government obligation" means an obligation of the United States or an authority, commission, instrumentality, possession, or territory of the United States. (2) The subtraction under subsection (a) of this section includes a distribution or dividend by a mutual fund of interest or dividends attributable to a United States government obligation. Did someone just arbitrarily say that Admin Release 5 overides Release 11 and Section 10-207. If MD does not allow the subtraction then they should clarify MD Administrative Release 5 (and the MD tax code) with wording to the effect that Release 11 does not apply to Capital Gain Distributions even if documentation shows that all or a portion of the distribution came from U.S. Government Obligations. Generally any USGO subtraction on the Maryland return turns out to be such a small amount that it rarely affects the bottom line, but still I have not found any definitive law or Administrative Release that prohibits taking the subtraction.