itonewbie
Level 15
04-02-2023
06:04 PM
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I agree with Susan.
If you take a look at Md. Tax-General Code Ann. §10-209, which governs the new subtraction, there is no reference to the death of a taxpayer or the surviving spouse. The only reference to the entitlement in relation to a spouse is in subsection (b) where the spouse is totally disabled:
In contrast, if you refer to §10-754, which is for the Senior tax credit that was added by the same House Bill 1468, there are clear references to surviving spouses in two subsections:
If there was an intention for a surviving spouse to benefit from the subtraction, there would have been no reason for §10-209 to not include such references.
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