Md. Code Ann., Educ. § 18-19A-04.1
State contribution program
Effective Jun 1, 2023Added by Acts 2016, c. 689, § 1, eff. July 1, 2016; Acts 2016, c. 690, § 1, eff. July 1, 2016. Amended by Acts 2018, c. 10, § 1, eff. June 1, 2018; Acts 2018, c. 419, § 1, eff. June 1, 2018; Acts 2019, c. 8, § 5; Acts 2020, c. 538, § 6, eff. June 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021; Acts 2021, c. 435, § 1, eff. July 1, 2021; Acts 2021, c. 436, § 1, eff. July 1, 2021; Acts 2022, c. 492, § 1, eff. July 1, 2022; Acts 2022, c. 493, § 1, eff. July 1, 2022; Acts 2023, c. 113, § 1, eff. June 1, 2023.State of Maryland
(a)
(1) Subject to paragraph (2) of this subsection, for investment accounts established after December 31, 2016, a State contribution may be made to not more than two investment accounts for each qualified beneficiary as provided in this section if:
- (i) The qualified beneficiary of the investment account and the account holder are Maryland residents;
- (ii) The account holder is at least 18 years old for applications filed on or after January 1, 2022;
- (iii) The account holder submits an application to the State Treasurer or the State Treasurer's designee between January 1 and June 1 of each year;
- (iv) The account holder has Maryland adjusted gross income in the previous taxable year no greater than $112,500 for an individual or $175,000 for a married couple filing a joint return;
- (v) The account holder files income taxes on or before July 15 of each year; and
- (vi) The qualified beneficiary is under the age of 26 years in the calendar year before the account holder submits an application.
- (2) For State contribution application periods after December 31, 2020, a qualified beneficiary may not receive more than two State contributions for each year the qualified beneficiary is eligible for the State contribution under this section.
(b)
- (1) An application may be made in person, online, or by mail.
(2) The State Treasurer shall develop:
(i) An application form that:
- 1. Includes permission for confirming Maryland taxable income with the Comptroller; and
- 2. Allows for certification of Maryland residency;
- (ii) A procedure to certify the date and time of receipt of an application; and
- (iii) Any other necessary procedures for the submittal of applications.
(c)
- (1) For an account holder with Maryland adjusted gross income of less than $50,000 for an individual or $75,000 for a married couple filing a joint return who contributes at least $25 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $500 per beneficiary.
- (2) For an account holder with Maryland adjusted gross income of at least $50,000 but less than $87,500 for an individual or at least $75,000 but less than $125,000 for a married couple filing a joint return who contributes at least $100 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $500 per beneficiary.
- (3) For an account holder with Maryland adjusted gross income of at least $87,500 but no greater than $112,500 for an individual or at least $125,000 but no greater than $175,000 for a married couple filing a joint return who contributes at least $250 per beneficiary during the contribution period in subsection (e) of this section, the State shall provide an additional $250 per beneficiary.
(d)
- (1) The Governor shall include in the annual budget bill an appropriation of at least $3,000,000 in each fiscal year.
(2) If the funding provided in a fiscal year is not sufficient to fully fund all State contributions authorized under this section, the State Treasurer shall:
- (i) Provide contributions in the order in which applications are received; and
- (ii) Give priority to applications of account holders who have not received a contribution.
(e)
- (1) An account holder shall contribute at least the amount specified under subsection (c) of this section on or before November 1 of each year in order to qualify for the State contribution.
- (2) A State contribution shall be made by December 31 of the calendar year in which the account holder made the contribution.
(f)
- (1) An account holder is not eligible for the subtraction modification under § 10-208 of the Tax--General Article for any taxable year in which the account holder receives a State contribution.
- (2) An account holder may qualify for not more than $9,000 in State contributions through the lifetime of the account holder.
(g)
- (1) The State Treasurer shall utilize an outreach and marketing plan to provide notification to individuals about the availability of a State contribution.
(2) The outreach and marketing plan shall:
- (i) Make use of a variety of marketing media, including billboards, brochures, and electronic resources; and
- (ii) Provide a centralized contact point for individuals to obtain information about opening an account and the availability of a State contribution.
- (h) The State Treasurer may adopt any regulations that the State Treasurer considers necessary to carry out the provisions of this section.
Added by Acts 2016, c. 689, § 1, eff. July 1, 2016; Acts 2016, c. 690, § 1, eff. July 1, 2016. Amended by Acts 2018, c. 10, § 1, eff. June 1, 2018; Acts 2018, c. 419, § 1, eff. June 1, 2018; Acts 2019, c. 8, § 5; Acts 2020, c. 538, § 6, eff. June 1, 2020; Acts 2021, c. 109, § 1, eff. April 13, 2021; Acts 2021, c. 435, § 1, eff. July 1, 2021; Acts 2021, c. 436, § 1, eff. July 1, 2021; Acts 2022, c. 492, § 1, eff. July 1, 2022; Acts 2022, c. 493, § 1, eff. July 1, 2022; Acts 2023, c. 113, § 1, eff. June 1, 2023.