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<section article="ged" article_name="Education" number="21-309" title_number="21" title_name="Career and Technology Education Programs" subtitle_number="3" subtitle_name="Rehabilitation Services">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Business entity” means:</text>
      <level label="i">
        <text>A person conducting or operating a trade or business in Maryland; or</text>
      </level>
      <level label="ii">
        <text>An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.</text>
      </level>
    </level>
    <level label="3">
      <text>“Division” means the Division of Rehabilitation Services of the Maryland State Department of Education.</text>
    </level>
    <level label="4">
      <text>“Qualified child care or transportation expenses” means:</text>
      <level label="i">
        <text>State regulated child care expenses that are incurred by a business entity to enable a qualified employee with a disability to be gainfully employed; or</text>
      </level>
      <level label="ii">
        <text>Transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>“Qualified employee with a disability” means an individual who:</text>
        <level label="1">
          <text>Meets the definition of an individual with a disability as defined by the Americans with Disabilities Act;</text>
        </level>
        <level label="2">
          <text>Has a disability that presently constitutes an impediment to obtaining or maintaining employment or to transitioning from school to work;</text>
        </level>
        <level label="3">
          <text>Is ready for employment; and</text>
        </level>
        <level label="4">
          <text>Has been determined by the Division or the Maryland Department of Labor, in consultation with the Division, as having met the criteria of a qualified employee with a disability established under this section.</text>
        </level>
      </level>
      <level label="ii">
        <text>“Qualified employee with a disability” includes:</text>
        <level label="1">
          <text>An individual who has been determined by the Maryland Department of Labor, in consultation with the U.S. Department of Veterans Affairs, as having been discharged or released from active duty in the uniformed services for a service–connected disability; and</text>
        </level>
        <level label="2">
          <text>Any other individual meeting the definition of subparagraph (i) of this paragraph, whether or not the individual receives services from the Division.</text>
        </level>
      </level>
    </level>
    <level label="6">
      <text>“Wages” means wages, within the meaning of § 51(c)(1), (2), and (3) of the Internal Revenue Code without regard to § 51(c)(4) of the Internal Revenue Code that are paid by a business entity to an employee for services performed in a trade or business of the employer.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in subsection (e) of this section, a business entity may claim a tax credit in the amounts determined under subsections (c) and (d) of this section for the wages and qualified child care or transportation expenses with respect to a qualified employee with a disability that are paid in the taxable year for which the business entity claims the credit.</text>
    </level>
    <level label="2">
      <text>The same tax credit cannot be applied more than once against different taxes by the same taxpayer.</text>
    </level>
  </level>
  <level label="c">
    <text>For each taxable year, for the wages paid to each qualified employee with a disability, a credit is allowed in an amount equal to 30% of up to the first $15,000 of the wages paid to the qualified employee with a disability during each of the first 2 years of employment.</text>
  </level>
  <level label="d">
    <text>For each taxable year, for child care provided or paid for by a business entity for the children of a qualified employee with a disability, or transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work, a credit is allowed in an amount equal to up to $1,500 of the qualified child care or transportation expenses incurred for each qualified employee with a disability during each of the first 2 years of employment.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>A business entity may not claim the credit under this section for an employee:</text>
      <level label="i">
        <text>Who is hired to replace a laid–off employee or to replace an employee who is on strike; or</text>
      </level>
      <level label="ii">
        <text>For whom the business entity simultaneously receives federal or State employment training benefits.</text>
      </level>
    </level>
    <level label="2">
      <text>A business entity may not claim the credit under this section until it has notified the Division that a qualified employee with a disability has been hired.</text>
    </level>
    <level label="3">
      <text>A business entity may claim a credit in the amount provided in paragraph (4) of this subsection for an employee whose employment lasts less than 1 year if the employee:</text>
      <level label="i">
        <text>Voluntarily terminates employment with the employer;</text>
      </level>
      <level label="ii">
        <text>Is unable to continue employment due to a further disability or death; or</text>
      </level>
      <level label="iii">
        <text>Is terminated for cause.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>If a business entity is entitled to a tax credit for an employee who is employed for less than 1 year because the employee voluntarily terminates employment with the employer to take another job, the business entity may claim a tax credit of 30% of up to the first $15,000 of the wages paid to the employee during the course of employment.</text>
      </level>
      <level label="ii">
        <text>If a business entity is entitled to a tax credit for an employee who is employed for less than 1 year for a reason other than that described in subparagraph (i) of this paragraph, the amount of the credit shall be reduced by the proportion of a year that the employee did not work.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>If the credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the business entity for that taxable year, a business entity may apply the excess as a credit for succeeding taxable years until the earlier of:</text>
    <level label="1">
      <text>The full amount of the excess is used; or</text>
    </level>
    <level label="2">
      <text>The expiration of the 5th taxable year after the taxable year in which the wages or qualified child care or transportation expenses for which the credit is claimed are paid.</text>
    </level>
  </level>
  <level label="g">
    <text>If a credit is claimed under this section, the claimant must make the addition required in § 10–205 or § 10–306 of the Tax – General Article.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>Subject to the provisions of this subsection, the Maryland Department of Labor and the State Department of Education shall jointly adopt regulations necessary to carry out the provisions of this section.</text>
    </level>
    <level label="2">
      <text>The Comptroller shall adopt regulations to provide for the computation and carryover of the credit under § 10–704.7 of the Tax – General Article.</text>
    </level>
    <level label="3">
      <text>The State Department of Assessments and Taxation shall adopt regulations to provide for the computation and carryover of the credit under §§ 8–216 and 8–413 of the Tax – General Article.</text>
    </level>
    <level label="4">
      <text>The Maryland Insurance Commissioner shall adopt regulations to provide for the computation and carryover of the credit under § 6–115 of the Insurance Article.</text>
    </level>
  </level>
  <level label="i">
    <text>The Maryland Department of Labor shall administer the tax credit and report to the Governor, and, subject to § 2–1257 of the State Government Article, to the General Assembly, before January 15 of each year on:</text>
    <level label="1">
      <text>Marketing activities for the credit under this section;</text>
    </level>
    <level label="2">
      <text>The number of business entities who hired a qualified employee with a disability during the preceding year;</text>
    </level>
    <level label="3">
      <text>The number of qualified employees with disabilities:</text>
      <level label="i">
        <text>Hired in each business sector for the preceding year; and</text>
      </level>
      <level label="ii">
        <text>Hired during the preceding year and employed for less than 1 year;</text>
      </level>
    </level>
    <level label="4">
      <text>A summary of the average hourly wages paid to qualified employees with disabilities for the preceding year;</text>
    </level>
    <level label="5">
      <text>The number and amount of credits claimed during the preceding year; and</text>
    </level>
    <level label="6">
      <text>The number and amount of credits claimed for child care or transportation expenses, including a summary of the types of transportation expenses incurred by business entities.</text>
    </level>
  </level>
</section>
