TRADER'S
LICENSE REQUIREMENTS
A GUIDE FOR BUSINESSES
Prepared By
The License Bureau of The Comptroller's Office
and The State Department of Assessments & Taxation
Generally, a business which sells goods
or merchandise within Maryland must obtain a trader's license from the
Clerk of the Court by May 1 of each year. The fee for the license is
based on the value of the inventory of the business which is certified
by the State Department of Assessments and Taxation (SDAT) based on
information listed in the annual personal property return
Sometimes businesses requiring a trader's
license experience problems in obtaining one. Most of these problems
are the result of one or more of the following six situations:
1)
Failure to file a personal property return (previous year).
2)
Failure to report commercial inventory on the personal property return
(previous year).
3)
Unpaid personal property taxes (previous year).
4)
Unpaid late filing penalty owed to SDAT.
5)
Failure to register with SDAT.
6)
Forfeited status with SDAT.
1) Failure
to file a personal property return. Most businesses in Maryland
must file a personal property return with the State Department of Assessments
& Taxation by April 15 of each year. This return must be filed and
assessed before a trader's license can be obtained by the business for
the following year. To check on the status of a return, call 410-767-1170
for a corporation, limited liability company (LLC), limited partnership
(LP), or limited liability partnership (LLP). For sole proprietors and
general partnerships, call 410-767-4991.
2) Failure
to report commercial inventory. A business that requires a trader's
license must report commercial inventory (merchandise held for sale
or resale) on its personal property return. If commercial inventory
was not reported, an amended return must be filed with the State Department
of Assessments and Taxation reporting the average inventory held by
the business during the preceding calendar year. If the business does
not possess or own commercial inventory, then it does not need a trader's
license.
3) Unpaid
personal property taxes. All businesses which own taxable personal
property are required to pay taxes on this property based on the return
mentioned above. These taxes are billed by the County and Town Treasurer/Finance
Offices and must be paid before a trader's license can be obtained by
the business.
4) Unpaid
late filing penalty. When the personal property return mentioned
above is filed late, a penalty is assessed as required by law. This
penalty must be paid to the Personal Property Division of SDAT before
the trader's license can be issued to the business. To determine whether
a penalty is due, call 410-767-1170 for all entities other than proprietors
and general partner- ships. For these entities, call 410-767-4991.
5) Business
failed to register with SDAT. Before a trader's license can
be issued, a business must have a Department identification number.
This is given at the time of incorporation, qualification, registration,
or formation and functions as the audit control number on future trader's
license applications. For inquiries concerning forming a corporation,
LLC, LLP, or LP call 410-767-1340. Sole proprietors and general partnerships
should call 410-767-4991 to apply for a Department identification number.
6) Forfeited
status. This category includes domestic and foreign corporations,
LLCs, LLPs, or LPs whose legal right to conduct business as that entity
has been revoked. Forfeiture occurs when a business fails to:
-file
an annual personal property return.
-pay
a late filing penalty.
-pay
State income or some other tax collectible by the Comptroller of the
Treasury.
-pay
unemployment insurance taxes due to the Department of Labor, Licensing
&Regulation.
If forfeited, a trader's
license applicant should call 410-767-1340 for information and instructions.
A new business applying for a first time license:
1)
must be registered with SDAT as mentioned above, and
2)
present the SDAT Department identification number to the Clerk of the
Court in the county where the business will be located.