Md. Code Regs. 24.05.27.11

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.27.11 - Amount of Tax Credit

A. The income tax credit earned under this regulation is equal to the product of:

(1) The State employer withholding amount, which is equal to the highest tax rate listed in Tax-General Article, § 10 "105(a), Annotated Code of Maryland; and

(2) The total amount of wages paid for each qualified position at an eligible project.

B. Earning the Tax Credit.

(1) First Benefit Year. The income tax credit is earned by the qualified business entity at the end of the 12-month period during which the requisite number of qualified positions have been filled at each eligible project and the business entity claims a Program benefit.

(2) Subsequent Benefit Years. The income tax credit is earned by the qualified business entity at the end of each new 12-month period during which the requisite number of qualified positions have been filled at each eligible project.

(3) The 12 months need not be consecutive.

C. Claiming the Tax Credit.

(1) To claim the income tax credit approved by the Department, the qualified business entity shall file with the Comptroller an income tax return for the taxable year in which the income tax credit is earned and attach a copy of the Department's certificate of the approved credit amount to the income tax return.

(2) A qualified business entity may claim a refund in the amount, if any, by which the unused excess exceeds the State tax for the taxable year.

(3) The tax credit may not be claimed against taxes resulting from the sale of the eligible project without the written consent of the Secretary.

(4) The same tax credit may not be applied more than once against different taxes by the same taxpayer.

Md. Code Regs. 24.05.27.11

Regulations .11 adopted effective 49:7 Md. R.469, eff. 4/4/2022