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<section article="ghs" article_name="Housing and Community Development" number="6-404" title_number="6" title_name="Division of Neighborhood Revitalization" subtitle_number="4" subtitle_name="Neighborhood and Community Assistance Program">
  <level label="a">
    <level label="1">
      <text>For a contribution worth $500 or more in goods, money, or real property to an approved project, a business entity or an individual is entitled to a tax credit in the amount determined under subsection (b) of this section.</text>
    </level>
    <level label="2">
      <text>No part of a tax credit under this section may be taken more than once.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the credit allowed to a business entity or an individual under this section equals 50% of the amount of contributions:</text>
      <level label="i">
        <text>that the Department approves under subsection (c) of this section; and</text>
      </level>
      <level label="ii">
        <text>that were made during the taxable year for which the credit is claimed.</text>
      </level>
    </level>
    <level label="2">
      <text>The credit allowed under this section for any taxable year may not exceed the lesser of:</text>
      <level label="i">
        <text>$250,000; and</text>
      </level>
      <level label="ii">
        <text>the total amount of tax otherwise payable by the business entity or individual for the taxable year.</text>
      </level>
    </level>
    <level label="3">
      <text>Any excess credit that would be allowed but for the limits of paragraph (2) of this subsection may be carried over and applied as a credit for up to 5 taxable years after the taxable year in which the contribution was made, until the full amount of the excess is used.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>To qualify for a credit for a contribution under this section, before making a contribution, a business entity or an individual shall apply for and receive approval of the contribution from the Department.</text>
    </level>
    <level label="2">
      <text>Each application for approval of a contribution shall contain:</text>
      <level label="i">
        <text>the name of the approved project to which the contribution will be made;</text>
      </level>
      <level label="ii">
        <text>the amount of the contribution; and</text>
      </level>
      <level label="iii">
        <text>a certification by an independent and unrelated third party as to the value of any nonmonetary contribution included or, for new goods, an invoice or receipt certifying the contribution’s net cost to the business entity or individual.</text>
      </level>
    </level>
    <level label="3">
      <text>The Department may not approve an application if it determines that:</text>
      <level label="i">
        <text>the maximum amount of contributions eligible for a tax credit for the project for the fiscal year will be exceeded by the sum of:</text>
        <level label="1">
          <text>the amount of the proposed contribution; and</text>
        </level>
        <level label="2">
          <text>the total amount of contributions previously approved for that project for the fiscal year; or</text>
        </level>
      </level>
      <level label="ii">
        <text>the applicant has overstated the value of a nonmonetary contribution.</text>
      </level>
    </level>
    <level label="4">
      <text>On or before January 31 of each year, the Department shall report to the Department of Assessments and Taxation, the Comptroller, and the Maryland Insurance Administration the contributions that the Department has approved under this section in the preceding calendar year.</text>
    </level>
  </level>
</section>
