Are R&D Tax Credits Available in Maryland?

Yes. The state of Maryland provides the Research and Development (R&D) Tax Credit for businesses with qualified research expenses (QREs). Here is a summary of the credits:

  • The Growth R&D Tax Credit equals ten percent (10%) of QREs in excess of the Maryland Base Amount.
  • The Base Amount is determined by dividing the aggregate QREs by the aggregate Maryland gross receipts for the four years prior to the credit year.
  • The total amount of credits approved for all businesses in the state may not exceed $12 million. Of this amount, $3.5 million is specifically set aside for small businesses.
  • The Department may not approve a tax credit for any single applicant in an amount exceeding $250,000.
  • Maryland follows the federal definition of qualified R&D and QREs, as defined by § 41(b) of the Internal Revenue Code in Maryland.
  • The business must submit an application by November 15th for expenses incurred in the previous calendar year.
  • R&D tax credits certified after December 15, 2012, are refundable for "small businesses" to the extent that the tax credits exceed the income tax liability for that taxable year. A small business is defined as a for-profit entity with net book value assets totaling less than $5 million at the beginning or end of the taxable year in which the R&D expenses are incurred.
  • Credits that exceed the income tax for a taxable year, may be carried forward for the next seven years or until used.
  • All members of a controlled group of corporations are treated as single taxpayers for the purposes of the credit.
  • The tax credit remains in effect until June 30, 2027, unless extended by future legislation.

Maryland R&D Tax Credit Case Study

An Annapolis firm designs components for the telecommunications industry. The company claims R&D credits each year for the design and development activities of its engineers. This project involved a multi-year study.

The Company qualified for The federal R&D Tax Credit of $847,000 and an additional $147,000 in Maryland state R&D Tax Credit.

FEDERAL
MARYLAND
Year
Total QREs
Credit
Total QREs
Credit
Year 4
$3,000,000
$261,333
$3,000,000
$149,500
Year 3
2,600,000
224,000
NA
NA
Year 2
2,200,000
184,333
NA
NA
Year 1
2,000,000
177,334
NA
NA
Total $9,800,000 $847,000 $3,000,000 $149,500

You can read more about this Maryland tax credit case study here.

Four-Part Test

Qualified research activities are defined by the four-part test outlined below

  • Technological in Nature
    Activities must fundamentally rely on the principles of physical or biological science, engineering, or computer science.

  • Permitted Purpose
    Activities must be performed in an attempt to improve the functionality, performance, reliability, or quality of a new or existing business component.

  • Eliminate Uncertainty
    Activities intended to discover information that could eliminate technical uncertainty concerning the development or improvement of a product.

  • Experimentation
    All activities must include a process of experimentation including testing, modeling, simulating, and systematic trial and error.