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<regulation prefix="Regulation" num=".06" citation="COMAR 03.04.02.06" title_num="03" subtitle_num="04" chapter_num="02" heading="Maryland Adjusted Gross Income of a Nonresident Individual.">
  <paragraph num="A.">
    <text>The Maryland adjusted gross income of a nonresident individual is the individual's federal adjusted gross income for the taxable year as determined under the Internal Revenue Code with the adjustments described in §§B and C of this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Additions to Federal Adjusted Gross Income shall be:</text>
    <paragraph num="(1)">
      <text>Wages, salary, or other compensation for services performed in this State which are exempt by federal law or treaty from federal but not State tax on income;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Oil percentage depletion allowance as provided for under Tax-General Article, §10-204(e), Annotated Code of Maryland, to the extent attributable to sources in this State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>50 percent of the sum of the tax preference items as provided for under Tax-General Article, §10-205(f), to the extent derived from real or tangible personal property located in this State;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Amount of the credit claimed under Tax-General Article, §10-702, Annotated Code of Maryland, for wages paid to an employee in an enterprise zone located in this State;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Amount of expenses for reforestation or timber stand improvement as provided for under Tax-General Article, §10-205(c); and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The amount of any loss or adjustment to income that is:</text>
      <paragraph num="(a)">
        <text>Included in computing federal adjusted gross income; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not attributable to sources within this State.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Subtractions from Federal Adjusted Gross Income. To the extent included in computing federal adjusted gross income, the following are subtracted from the federal adjusted gross income of a nonresident individual to determine Maryland adjusted gross income:</text>
    <paragraph num="(1)">
      <text>Income derived from:</text>
      <paragraph num="(a)">
        <text>Real or tangible personal property located outside this State;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Services performed outside this State;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A business, occupation, profession, or trade that is carried on wholly outside this State;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>That part of a business, occupation, profession, or trade carried on by the individual both within and without this State that is attributable to the business, occupation, profession, or trade carried on outside this State;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A pass-through entity that is equal to the member's distributive or pro rata share attributable to the business carried on outside this State;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Annuities, pensions, state and local income tax refunds, interest, dividends, or other intangible property except if from:</text>
        <paragraph num="(i)">
          <text>Maryland State lottery prizes or other gambling winnings derived from this State; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A business, occupation, profession, or trade carried on by the individual in this State;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>Distributions, to a beneficiary, of accumulated income on which a fiduciary has paid Maryland income tax; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Salary, wages, or other compensation received as:</text>
        <paragraph num="(i)">
          <text>An active member of the armed forces;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A midshipman of the Naval Academy at Annapolis;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A commissioned officer of the United States Public Health Service;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A commissioned officer of the National Oceanic and Atmospheric Administration; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The spouse of a servicemember that is an active member of the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration, or the commissioned corps of the United States Public Health Service, who is present in this State solely to be with the servicemember that is present in this State in compliance with military orders;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Amounts derived from:</text>
      <paragraph num="(a)">
        <text>Adoption expenses as provided for under Tax-General Article, §10-208(b);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Blindness-related expenses as provided for under Tax-General Article, §10-208(c);</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Enhanced agricultural management equipment expenses as provided for under Tax-General Article, §10-208(d), to the extent that the expenses are incurred for conservation of land located in this State;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Dependent care and household expenses as provided for under Tax-General Article, §10-208(e), to the extent the expenses are attributable to income received from services performed or business carried on within this State;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Value of fringe benefits attributable to an employer-provided police or fire department vehicle as provided for under Tax-General Article, §10-207(d);</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Volunteer travel expenses as provided for under Tax-General Article, §10-208(j);</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Reforestation or timber stand expenses as provided for under Tax-General Article, §10-208(i), to the extent incurred for land located in this State;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Wage expenses for targeted jobs as provided for under Tax-General Article, §10-208(k), to the extent that the wages are paid for services performed in Maryland;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>The amount by which the cost difference between a conventional on-site sewage disposal system and a system that utilizes nitrogen removal technology exceeds the amount of assistance the individual receives from the Department of the Environment under the Environment Article, §9-1108, Annotated Code of Maryland; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The value of:</text>
      <paragraph num="(a)">
        <text>Donated artwork to the extent provided for under Tax-General Article, §10-208(f); and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Donated farm products as provided for under Tax-General Article, §10-208(g), to the extent that the products are donated to a gleaning cooperative located in this State.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A net operating loss generated when an individual is not subject to Maryland income tax law may not be allowed as a deduction to offset the Maryland income from any year when that individual is subject to Maryland income tax law.</text>
  </paragraph>
</regulation>