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Form 1041 (Schedule K-1) for Montgomery Maryland: What You Should Know

A. The income to which any tax is to be exempt is: (1) income of the estate or trust which is designated for deposit in a Maryland bank and includes interest generated by such deposits, except interest generated by the sale of securities of the same class of the corporation; (2) income of the estate or trust which is designated for distribution to the beneficiaries at the time of death of the fiduciary; and  (3) interest which derives from any transaction related to or arising out of the sale or exchange of securities of the same class of the corporation with a trust. B. The income so made to a beneficiary is not subject to Maryland income taxation under chapter 77 of the General Laws and is allowed as a deduction to any person to the extent such deduction can be determined under section 77-37 of the General Laws. Deductions allowed hereunder will not exceed 10 percent of any one of the preceding exemptions. The amount so allowable as a deduction, other than as a deduction on other federal income tax returns, may be taken into account under section 78 (h) by an unincorporated business corporation, if the tax on the income tax, as determined in the absence of this section, would exceed 15 percent of the net profit or profit of such corporation. C. If any portion of the amounts required to be deducted under this rule for each beneficiary is subject to Maryland income taxation and to withholding income tax under this section, deductions will be allowed and the portion will be added to the other tax and withholding, as if no exemption provided under this section had been granted.  D. This rule does not apply, with respect to Maryland, if any capital asset (such as real estate, depreciable and intangible assets, or business property) of the estate or trust that the fiduciary is required to retain may be disposed of by the fiduciary by the provision of a legally binding contract. E. An individual, after attaining the age of 62 years, may continue to be a beneficiary of a trust under the terms of the trust to the extent that the trust otherwise meets the requirements of this section.  F.

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