There shall be imposed, charged and paid on the net income of every individual in excess of the exemptions provided in § 30138 of this title, and on the net income of an estate or a trust in excess of the credit provided in § 30413 of this title, a tax which shall be determined according to the following tables:
(a) Regular tax.—
(1) Tax for taxable years beginning after December 31, 2010 but before January 1, 2012:
If the net taxable income is: The tax shall be: Not more than $5,000 0% In excess of $5,000 but not over $22,000 7% of the excess over $5,000 In excess of $22,000 but not over $40,000 $1,190 plus 14% of the excess over $22,000 In excess of $40,000 but not over $60,000 $3,710 plus 25% of the excess over $40,000 In excess of $60,000 $8,710 plus 33% of the excess over $60,000
(2) Tax for taxable years beginning after December 31, 2011, but before January 1, 2013:
If the net taxable income is: The tax shall be: Not more than $6,500 0% In excess of $6,500 but not over $23,000 7% of the excess over $6,500 In excess of $23,000 but not over $41,300 $1,155 plus 14% of the excess over $23,000 In excess of $41,300 but not over $61,500 $3,717 plus 25% of the excess over $41,300 In excess of $61,300 $8,717 plus 33% of the excess over $61,300
(3) Tax for taxable years beginning after December 31, 2012, but before January 1, 2014:
If the net taxable income is: The tax shall be: Not more than $9,000 0% In excess of $9,000 but not over $25,000 7% of the excess over $9,000 In excess of $25,000 but not over $41,500 $1,120 plus 14% of the excess over $25,000 In excess of $41,500 but not over $61,500 $3,430 plus 25% of the excess over $41,500 In excess of $61,500 $8,430 plus 33% of the excess over $61,500
(4) Tax for taxable years beginning after December 31, 2013, but before January 1, 2015:
If the net taxable income is: The tax shall be: Not more than $12,000 0% In excess of $12,000 but not over $26,000 7% of the excess over $12,000 In excess of $26,000 but not over $42,750 $980 plus 14% of the excess over $26,000 In excess of $42,750 but not over $62,750 $3,325 plus 25% of the excess over $42,750 In excess of $62,750 $8,325 plus 33% of the excess over $62,750
(5) Tax for taxable years beginning after December 31, 2014, but before January 1, 2016:
If the net taxable income is: The tax shall be: Not more than $16,500 0% In excess of $16,500 but not over $26,500 7% of the excess over $16,500 In excess of $26,500 but not over $47,250 $700 plus 14% of the excess over $26,500 In excess of $47,250 but not over $67,250 $3,605 plus 25% of the excess over $47,250 In excess of $67,250 $8,605 plus 33% of the excess over $67,250
(6) Tax for taxable years beginning after December 31, 2015:
If the net taxable income is: The tax shall be: Not more than $16,500 0% In excess of $16,500 but not over $26,500 7% of the excess over $16,500 In excess of $26,500 but not over $66,500 $700 plus 14% of the excess over $26,500 In excess of $66,500 but not over $121,500 $6,300 plus 25% of the excess over $66,500 In excess of $121,500 $20,050 plus 30% of the excess over $121,500
For taxable years beginning after December 31, 2013, the tax imposed under clauses (4), (5), and (6) of this subsection, shall be subject to compliance with the test established in the note under § 30011 of this title on expenditure control, as certified by the Office of Management and Budget of the general fund’s net income as certified by the Department of the Treasury, and on economic growth, as certified by the Planning Board.
(b) Gradual adjustment of tax rates lower than the rate of thirty-three percent (33%) and the personal exemption and exemption for dependents.
(1) For taxable years beginning after December 31, 2010, but before January 1, 2012, the tax imposed under subsection (a)(1) of this section (determined without taking this subsection into account) shall be increased by five percent (5%) of the excess of the net income subject to taxation over one hundred thousand dollars ($100,000).
(2) For taxable years beginning after December 31, 2011, but before January 1, 2013, the tax imposed under subsection (a)(2) of this section (determined without taking this subsection into account) shall be increased by five percent (5%) of the excess of the net income subject to taxation over two hundred thousand dollars ($200,000).
(3) For taxable years beginning after December 31, 2012, but before January 1, 2014, the tax imposed under subsection (a)(3) of this section (determined without taking this subsection into account) shall be increased by five percent (5%) of the excess of the net income subject to taxation over three hundred thousand dollars ($300,000).
(4) For taxable years beginning after December 31, 2013, but before January 1, 2015, the tax imposed under subsection (a)(3) of this section (determined without taking this subsection into account) shall be increased by five percent (5%) of the excess of the net income subject to taxation over five hundred thousand dollars ($500,000).
(5) Limitation.— The increase determined under clauses (1), (2), (3), and (4) of this subsection with regard to any taxpayer:
(A) For taxable years specified in subsection (a)(1), shall not exceed nine thousand four hundred forty dollars ($9,440) plus thirty-three percent (33%) of the personal exemption and the exemption for dependents admissible for the taxpayer under § 30138 of this title.
(B) For taxable years specified in subsection (a)(2), shall not exceed nine thousand three hundred sixty-seven dollars ($9,367) plus thirty-three percent (33%) of the personal exemption and the exemption for dependents admissible for the taxpayer under § 30138 of this title.
(C) For taxable years specified in subsection (a)(3), shall not exceed eight thousand eight hundred ninety-five dollars ($8,895) plus thirty-three percent (33%) of the personal exemption and the exemption for dependents admissible for the taxpayer under § 30138 of this title.
(D) For taxable years specified in subsection (a)(4), shall not exceed eight thousand four hundred twenty-three dollars ($8,423) plus thirty-three percent (33%) of the personal exemption and the exemption for dependents admissible for the taxpayer under § 30138 of this title.
(6) In the case of married individuals living with their spouses and filing separately, and in the case of married individuals living with their spouses and filing jointly who elect the optional tax computation as provided in § 30063 of this title, the income levels for purposes of the gradual adjustment provided in this subsection shall be determined separately for each spouse as if he/she were a single taxpayer.
(7) The provisions of this subsection shall not apply for taxable years beginning after December 31, 2014.
History —Jan. 31, 2011, No. 1, § 1021.01, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 7.