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Maryland R&D Tax Credits

State and Federal Credits Available
10%
Rate on QREs exceeding base
7
Years Carryforward for unused credits
Refundable
For small businesses ($5M assets)
$12M
Cap Annual total ($3.5M small biz set-aside)

The Maryland Research and Development Tax Credit, administered by the Maryland Department of Commerce, incentivizes businesses to invest in qualified research activities conducted within the state, providing income tax offsets for eligible expenses exceeding a calculated base amount. Extended through June 30, 2027, the program supports innovation in sectors like biotechnology, manufacturing, and technology, with a total annual cap of $12 million ($3.5 million reserved for small businesses).

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10%
Rate on QREs exceeding base
7
Years Carryforward for unused credits
Refundable
For small businesses ($5M assets)
$12M
Cap Annual total ($3.5M small biz set-aside)

Key Highlights

  • 10% credit on Maryland qualified research expenses (QREs) in excess of the base amount
  • Refundable for small businesses to the extent credits exceed tax liability
  • Maximum $250,000 per applicant; prorated if caps exceeded
  • Available to C corps, S corps, partnerships, LLCs, and sole proprietorships for in-state research only
  • Application required by November 15 for certification; claim on amended or future returns
  • Follows federal IRC §41 definitions for QREs and qualified research

Who Qualifies

Credits are available to businesses conducting qualified research in Maryland, aligned with federal standards under IRC §41. Eligibility focuses on the nature of activities and in-state expenses.

Eligible Entities
  • C Corporation May claim both the regular and basic research credit
  • S Corporation Limited entity-level use; can pass credits to shareholders
  • Partnerships / LLCs Credits pass through to owners via Schedule K-1
Qualified Research Expenses (QREs)
Category
Examples
Wages
Salaries for employees performing, supervising, or supporting qualified research
Supplies
Materials and prototypes consumed in the research process
Contract Research
65% of payments to third-party contractors for qualified services; 75% to qualified research consortia
Basic Research Payments
Payments to qualified organizations (universities, nonprofits); eligible at 100%
Computer Rentals
Costs for computers and equipment leased exclusively for qualified research

How to Calculate the Maryland R&D Tax Credit

Maryland uses a single incremental method based on state-sourced data, requiring calculation of a base amount tied to prior years' ratios. Only Maryland QREs and gross receipts qualify.

Incremental Method
  • Determine total Maryland QREs for the current tax year.
  • Calculate average Maryland gross receipts (GR) for the 4 taxable years immediately preceding the credit year (or fewer if business existed less time).
  • Calculate average Maryland QREs for the 4 taxable years immediately preceding the credit year.
  • Compute fixed-base percentage: average prior QREs ÷ average prior GR (0% if first year with QREs).
  • Base amount = fixed-base percentage × average prior Maryland GR (adjusted for partial years: multiply by days in tax year / 365).
  • Excess QREs = current QREs - base amount.
  • Credit = 10% × excess QREs (capped at $250,000 per applicant post-certification).
Example Calculation
QREs (credit year) =$2,000,000
Average prior GR (prior 4 years) =$8,500,000
Average prior QREs (prior 4 years) =$600,000
Fixed-base % =$600,000 / $8,500,000 ≈ 7.06%
Base =7.06% × $8,500,000 ≈ $600,000
Excess = $2,000,000 - $600,000 =$1,400,000
Credit = 10% × $1,400,000 =$140,000
For startups (first year QREs): Base = $0, so credit =10% of full QREs. Controlled groups aggregate QREs/GR for base but allocate credits pro-rata.
Base Calculation for Maryland R&D Tax Credit
  • Identify Maryland-sourced qualified research expenses (QREs) and gross receipts for the 4 taxable years immediately preceding the credit year (or fewer if the business existed for less time).
  • Compute the fixed-base percentage = (sum of prior QREs over those years) ÷ (sum of prior gross receipts over those years).
  • Compute average annual gross receipts = (sum of prior gross receipts) ÷ number of prior years (typically 4).
  • Base amount = fixed-base percentage × average annual gross receipts.
  • For partial or short tax years, adjust the base amount by multiplying by (number of days in the tax year ÷ 365).
  • If no prior gross receipts or QREs, base = $0 (full current QREs qualify as excess).
Example Calculation
Prior Year -1 QREs = $900K; Year -2 = $700K; Year -3 = $500K; Year -4 = $300K → Sum QREs =$2.4M
Prior GR: Year -1 = $10M; Year -2 = $9M; Year -3 = $8M; Year -4 = $7M → Sum GR =$34M
Fixed-base % =$2.4M ÷ $34M ≈ 7.06%
Average annual GR = $34M ÷ 4 =$8.5M
→ Base =7.06% × $8.5M ≈ $600K
→ Base =$0 (full current QREs qualify as excess)
Gross Receipts for Base Calculation
  • Maryland gross receipts are gross receipts reasonably attributable to business activity in Maryland, determined under Maryland apportionment rules (COMAR 03.04.03.08 and Tax General §10-402)
  • Use the same sourcing logic applied for Maryland corporate income tax sales factor purposes
  • Typically includes sales of tangible/intangible property, services, and other business income sourced to Maryland; consult state guidance for specifics

Maryland-Specific Rules

Maryland's program emphasizes certification and caps to manage resources, with tailored benefits for small businesses and high-tech sectors.

Small Business Refund

Eligible small businesses (net book value assets $5M at start/end of year) receive full refund of credits exceeding tax liability. "Net book value assets" = total assets (including intangibles) minus depreciation/amortization, excluding liabilities. The program is heavily used and routinely oversubscribed, particularly by technology and life science companies, with the full $12M statewide cap typically allocated each year.

Annual Cap and Proration

$12M total cap ($8.5M non-small, $3.5M small biz). If exceeded, prorated pro-rata among applicants based on total applications received by the deadline, with reallocation of unused amounts between buckets. No per-firm cap beyond $250K max award. Apply well before the November 15 deadline to avoid operational issues.

Application and Certification

Mandatory application by November 15 following tax year; small biz submit balance sheet proof. Certification letter issued by February 15. Attach to amended return or claim over 7 years. Irrevocable proration; mergers include prior QREs in base.

Other Rules
  • Startup Base: 0% fixed-base in first QRE year, enabling 10% on full expenses
  • Pass-Through Entities: Aggregate for controlled groups; allocate via K-1 based on entity QREs
  • Audit Guidelines: Retain 4 years of records (project docs, payroll, invoices); aligns with federal §41 substantiation
  • Acquisitions: Credits carry over only in stock purchases; asset sales leave credits with seller; include acquired entities’ historic QREs in base
Small Business Refund

Eligible small businesses (net book value assets $5M at start/end of year) receive full refund of credits exceeding tax liability. "Net book value assets" = total assets (including intangibles) minus depreciation/amortization, excluding liabilities. The program is heavily used and routinely oversubscribed, particularly by technology and life science companies, with the full $12M statewide cap typically allocated each year.

Annual Cap and Proration

$12M total cap ($8.5M non-small, $3.5M small biz). If exceeded, prorated pro-rata among applicants based on total applications received by the deadline, with reallocation of unused amounts between buckets. No per-firm cap beyond $250K max award. Apply well before the November 15 deadline to avoid operational issues.

Application and Certification

Mandatory application by November 15 following tax year; small biz submit balance sheet proof. Certification letter issued by February 15. Attach to amended return or claim over 7 years. Irrevocable proration; mergers include prior QREs in base.

Other Rules
  • Startup Base: 0% fixed-base in first QRE year, enabling 10% on full expenses
  • Pass-Through Entities: Aggregate for controlled groups; allocate via K-1 based on entity QREs
  • Audit Guidelines: Retain 4 years of records (project docs, payroll, invoices); aligns with federal §41 substantiation
  • Acquisitions: Credits carry over only in stock purchases; asset sales leave credits with seller; include acquired entities’ historic QREs in base

Maryland R&D Tax Credits Case Study

$231,000
total state R&D tax credits earned
50%
of wages qualified for credits
$588,000
total R&D tax credits earned (federal + state combined)
Frequent Asked Questions

What is the Maryland R&D tax credit?

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The Maryland Research and Development Tax Credit provides a 10% credit on qualified research expenses exceeding the state base amount, certified by the Department of Commerce, with a $12M annual cap and refundability for small businesses.

What activities qualify for Maryland’s R&D tax credit?

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Activities must meet federal IRC §41 criteria—technological uncertainty, experimentation, and improvement in products/processes—conducted in Maryland. Examples include software development or prototype testing. Strike Tax verifies eligibility.

How much can my business save with Maryland’s R&D tax credit?

mness-logo
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For $2M in excess QREs, you could save $200,000, plus federal credits. Small businesses may get full refunds. Use Strike Tax’s R&D Credit Calculator for personalized estimates.

Are Maryland R&D tax credits refundable for small businesses?

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Yes, credits certified after 2012 are fully refundable for small businesses (<$5M net book assets) exceeding tax liability. Non-small businesses carry forward 7 years. Strike Tax maximizes cash flow.

How do I apply for Maryland’s R&D tax credit?

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Submit an online application to the Maryland Department of Commerce by November 15 post-tax year, including QRE/GR data. Receive certification by February 15, then claim on returns. Strike Tax handles documentation.

Can Maryland businesses claim both state and federal credits?

mness-logo
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Yes, stack state and federal for the same in-state QREs to amplify savings. Maryland follows IRC §41, so documentation aligns. Strike Tax optimizes dual claims.

What is the Maryland base amount calculation?

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Base = (avg prior QREs over 4 preceding years / avg prior GR over same period) × avg prior GR. First-year base is $0; partial years adjusted by days/365. Strike Tax computes accurately.

How does the $12M cap affect my application?

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Credits prorated if total applications exceed caps ($8.5M non-small, $3.5M small). Max $250K per firm. Proration based on total by deadline; Strike Tax advises timing.

What documentation is needed for Maryland R&D claims?

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Project descriptions, employee time logs, expense invoices, and GR reports for base. Retain 4 years for audits. For federal claims, especially refunds, IRS expects business component detail; Form 6765 Section G is optional in 2025 but mandatory for many in 2026. Strike Tax ensures compliance.

Why is Maryland’s R&D credit valuable for biotech firms?

mness-logo
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High QREs in experimentation qualify easily, with refunds for startups and 7-year carryforward for growth. The program routinely allocates the full cap, heavily utilized by life sciences. Strike Tax tailors for MD tech/biotech.

Next Steps

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Maryland
R&D Tax Credits

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This post was last updated on Dec 02, 2025.

Maryland R&D Tax Credit

Discover the benefits of Maryland state credits and see how your business could qualify.

​​​​​​​​Businesses that have qualified R&D expenditures in Maryland may qualify for two separate income tax credits, the Basic R&D Tax Credit and the Growth R&D Tax Credit. To qualify for the Basic and/or Growth R&D tax credit, a business must submit an application NO LATER THAN November 15th of the calendar year following the tax year in which the expenses were incurred.

In addition, the credits are refundable for eligible small businesses that submit documentation showing they had net book value assets at the beginning or end of the tax year of less than $5 million (as reported on the balance sheet).

Applicants must apply using an online system. Maryland has a yearly cap on the amount of R&D credits available to applicants. Maryland's Commerce Department will prorate the R&D credits pro rata in the following circumstances:

  • the total amount of Basic Credits applied for exceeds $5.5 million; or
  • the total amount of Growth Credits applied for exceeds $6.5 million.

Each taxpayer (applicant) will receive an R&D credit Certification Letter with the approved credit amount by February 15th of the following year.

Because application dates follow the filing date for taxes, after receiving the Certification Letter, the taxpayer can file an amended tax return for the certified year, or it may claim the credit on any income tax return filed in any of the subsequent 7 tax years. The business must attach a copy of the Certification Letter to its Maryland income tax return.

The tax credit as been extended until June 30, 2027 by the Maryland General Assembly.

Learn more about Maryland's R&D Tax Credit law here

R&D Tax Credit Available:

Yes - Expires on June 30, 2027

Eligible Entities:

C-Corporations, S-Corporations, LLCs, Partnerships

Deadline for Tax Filing:

Application due by 11/15 using Commerce's online system

Data Required to Compute Credit:

Claim Period Qualified R&D Expenses (QREs)

What Information is needed?

QREs for Prior 4 Years

Gross Receipts for Prior 4 Years

Credit Carryforward:

Refundable Credit for Small Businesses

20-year carry forward for unused credits

The R&D tax credit equals:

  • Basic R&D Tax Credit:
    Three percent (3%) of eligible R&D expenses that do not exceed the Maryland Base Amount. If the total credits applied for exceed $5.5 million, the business's Basic tax credit is prorated.
  • Growth R&D Tax Credit:
    Ten percent (10%) of eligible R&D expenses in excess of the Maryland Base Amount. If the total credits applied for exceed $6.5 million, the business's Growth R&D tax credit is prorated.

Specific Items to Note:

  • Eligibility
    The Maryland Department of Commerce (Commerce) follows the federal definition of qualified R&D and qualified R&D expenses. To qualify the business must incur QREs, as defined by § 41(b) of the IRC in Maryland. The business must submit an application to Commerce by November 15th for expenses incurred in the previous calendar year.
  • Small Business Refund
    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 means a for profit corporation, limited liability company, partnership or sole proprietorship with net book value assets totaling, less than $5,000,000.
%
%
%
carry forward for credit usage

Maryland R&D Tax Credit Eligibility Summary:

Is the R&D Tax Credit Available?:
Yes
No
Eligible Entities:
Deadline for Tax Filing:
Data Required to Compute Credit:
What Information is needed?:

Maryland R&D Tax Credit Guidelines:

Maryland R&D Tax Credit Case Study

A Maryland-based company recovered thousands in R&D tax credits to refuel growth.

$

Total state R&D tax credits earned

%

Amount of wages qualified for tax credits

$

Total R&D tax credit earned

Key Maryland R&D Tax Credits R&D Tax Rules Changes

2019' - 22
22' and after
2019' - 22
22' and after

Resources

There are many other considerations and exemptions, including what documentation the IRS requires for the R&D tax credits. Stay updated to navigate the new tax laws with confidence.

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Connect with us to find out how R&D Tax Credits can boost your organization’s performance.

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Frequent Asked Questions

What is the Maryland R&D tax credit?

mness-logo
line-logo

The Maryland Research and Development Tax Credit provides a 10% credit on qualified research expenses exceeding the state base amount, certified by the Department of Commerce, with a $12M annual cap and refundability for small businesses.

What activities qualify for Maryland’s R&D tax credit?

mness-logo
line-logo

Activities must meet federal IRC §41 criteria—technological uncertainty, experimentation, and improvement in products/processes—conducted in Maryland. Examples include software development or prototype testing. Strike Tax verifies eligibility.

How much can my business save with Maryland’s R&D tax credit?

mness-logo
line-logo

For $2M in excess QREs, you could save $200,000, plus federal credits. Small businesses may get full refunds. Use Strike Tax’s R&D Credit Calculator for personalized estimates.

Are Maryland R&D tax credits refundable for small businesses?

mness-logo
line-logo

Yes, credits certified after 2012 are fully refundable for small businesses (<$5M net book assets) exceeding tax liability. Non-small businesses carry forward 7 years. Strike Tax maximizes cash flow.

How do I apply for Maryland’s R&D tax credit?

mness-logo
line-logo

Submit an online application to the Maryland Department of Commerce by November 15 post-tax year, including QRE/GR data. Receive certification by February 15, then claim on returns. Strike Tax handles documentation.

Can Maryland businesses claim both state and federal credits?

mness-logo
line-logo

Yes, stack state and federal for the same in-state QREs to amplify savings. Maryland follows IRC §41, so documentation aligns. Strike Tax optimizes dual claims.

What is the Maryland base amount calculation?

mness-logo
line-logo

Base = (avg prior QREs over 4 preceding years / avg prior GR over same period) × avg prior GR. First-year base is $0; partial years adjusted by days/365. Strike Tax computes accurately.

How does the $12M cap affect my application?

mness-logo
line-logo

Credits prorated if total applications exceed caps ($8.5M non-small, $3.5M small). Max $250K per firm. Proration based on total by deadline; Strike Tax advises timing.

What documentation is needed for Maryland R&D claims?

mness-logo
line-logo

Project descriptions, employee time logs, expense invoices, and GR reports for base. Retain 4 years for audits. For federal claims, especially refunds, IRS expects business component detail; Form 6765 Section G is optional in 2025 but mandatory for many in 2026. Strike Tax ensures compliance.

Why is Maryland’s R&D credit valuable for biotech firms?

mness-logo
line-logo

High QREs in experimentation qualify easily, with refunds for startups and 7-year carryforward for growth. The program routinely allocates the full cap, heavily utilized by life sciences. Strike Tax tailors for MD tech/biotech.