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etobin101
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I have a condo rental property in Maryland and will be filing a non resident Maryland return. Do I still need to file a Business Personal Property return?

 
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2 Replies
IsabellaG
Expert Alumni

I have a condo rental property in Maryland and will be filing a non resident Maryland return. Do I still need to file a Business Personal Property return?

No.According to the instructions for Maryland's Personal Property tax return, 

 "State law requires that certain types of personal property be fully exempt throughout Maryland from any assessment and taxation. These include aircraft, farming implements, residential (non-business) property, most registered vehicles, boats not more than 100 feet in length, customized computer software, intangible personal property (e.g., stocks, bonds, patents, goodwill, trademarks, etc.)." See page 2 :http://dat.maryland.gov/SDAT%20Forms/2016%20Form%20AT3-51%20Instructions.pdf

The tax is imposed on business personal property (not real estate) for a sole proprietorship,and your rental activity is not a sole proprietorship.

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I have a condo rental property in Maryland and will be filing a non resident Maryland return. Do I still need to file a Business Personal Property return?

You are correct that there is no tax (assuming you have no other taxable assets there). But you need to pay the fee and file the return. It will take almost zero effort. Maryland will not allow businesses to INITIATE a court action in the state unless they maintain good standing. This is true whether you are a domestic MD company or a foreign (out of state) company, registered in MD as foreign. I have owned residential real estate property as both a domestic and foreign LLC in Maryland, and I file my return every year with zero tax due, and pay the fee to keep in good standing. If you don't file the real personal property return, your company will lose its good standing certification the next year.
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