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Advisory: credits and decisions in Maryland

Maryland’s R&D credit is 10% over a base and refundable for small businesses. Biotech investors get a refundable credit, and FAMLI adds a payroll cost from January 2027.

Jurisdiction
Maryland
Reading time
2 min
Checked
October 12, 2026
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Key figures

Maryland advisory

2026, with sources

R&D credit
10%Of eligible Maryland R&D expenses above the Maryland Base Amount.
R&D credit cap
$12 million a year$3.5 million set aside for small businesses; prorated when oversubscribed.
Per-applicant maximum
$250,000
R&D credit refundability
RefundableFor small businesses (net book assets under $5 million).
R&D credit application
By November 15Calendar year after the year the expenses were incurred.
Biotechnology Investment Incentive Tax Credit
33%, refundableUp to $250,000 per investment; 50% in certain counties and RISE Zones.

Credits worth applying for

Maryland’s R&D credit is administered by the Department of Commerce, not the Comptroller. It is 10% of eligible Maryland R&D expenses above the company’s Maryland Base Amount, capped at $250,000 per applicant and $12 million statewide, with $3.5 million reserved for small businesses. A small business, one with net book assets under $5 million, can have the excess refunded, which is what makes it useful before profit. Applications for tax year 2025 run through mid-November 2026.

For biotechnology companies, the Biotechnology Investment Incentive Tax Credit gives investors a refundable credit of 33% of a qualified investment, up to $250,000, and more in certain counties. Funding is first come, first served, so timing an investment around the program’s queue matters.

The 2027 payroll change

The largest change on the horizon for a Maryland employer is FAMLI. Contributions start on January 1, 2027 at 0.9% of wages up to the Social Security wage base, split equally between employer and employee; a company with fewer than 15 employees, counting out-of-state staff, owes only the employee half, which it may withhold. Benefits begin in January 2028.

An example: a 12-person company with a $150,000 Maryland payroll per person withholds 0.45% from each paycheck, $675 a year per employee, and owes no employer share. At 15 employees it adds a matching 0.45% employer cost, about $675 per employee per year at that salary.

Where founders go wrong

Maryland changed several rules in 2025 that affect software companies directly, and its local layers (county income tax, county minimum wages) are easy to miss.

  • Assuming B2B SaaS is exempt; since July 1, 2025 it is taxable at 3%.
  • Withholding only state tax and missing the county income tax.
  • Forgetting the $300 annual report, which is due even with no Maryland activity.
  • Paying the statewide minimum wage in Montgomery or Howard County.
  • Not budgeting for FAMLI contributions starting January 1, 2027.

Common questions

Can a pre-revenue startup use the Maryland R&D credit?

Possibly, if the research is in Maryland. The Department of Commerce certifies a credit of 10% of Maryland R&D expenses above a base amount, up to $250,000 per applicant, and the credit is refundable for a small business with less than $5 million of net book assets. Applications are due by November 15 of the year after the expenses were incurred, and awards are prorated when the $12 million annual cap is oversubscribed.

Is there a Maryland credit for our investors?

For biotech, yes. The Biotechnology Investment Incentive Tax Credit gives an investor in a qualified Maryland biotechnology company a refundable credit of 33% of the investment, up to $250,000, or 50% up to $500,000 in certain counties and RISE Zones. Funding is first come, first served.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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