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<section article="gtg" article_name="Tax - General" number="10-702" title_number="10" title_name="Income Tax" subtitle_number="7" subtitle_name="Income Tax Credits">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Business entity” means:</text>
        <level label="1">
          <text>a person conducting or operating a trade or business; or</text>
        </level>
        <level label="2">
          <text>an organization that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.</text>
        </level>
      </level>
      <level label="ii">
        <text>“Business entity” does not include a person owning, operating, developing, constructing, or rehabilitating property intended for use primarily as single or multifamily residential property located within the enterprise zone.</text>
      </level>
    </level>
    <level label="3">
      <text>“Economically disadvantaged individual” means an individual who is certified by provisions that the Maryland Department of Labor adopts as an individual who, before becoming employed by a business entity in an enterprise zone:</text>
      <level label="i">
        <text>was both unemployed for at least 30 consecutive days and qualified to participate in training activities for the economically disadvantaged under the federal Workforce Innovation and Opportunity Act or its successor; or</text>
      </level>
      <level label="ii">
        <text>in the absence of an applicable federal act, met the criteria for an economically disadvantaged individual that the Secretary of Labor sets.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>“Enterprise zone” has the meaning stated in § 5–701 of the Economic Development Article.</text>
      </level>
      <level label="ii">
        <text>“Enterprise zone” includes a Regional Institution Strategic Enterprise zone established under Title 10, Subtitle 1 of the Economic Development Article.</text>
      </level>
    </level>
    <level label="5">
      <text>“Focus area” has the meaning stated in § 5–701 of the Economic Development Article.</text>
    </level>
    <level label="6">
      <text>“Focus area employee” means an individual who:</text>
      <level label="i">
        <text>is a new employee or an employee rehired after being laid off for more than 1 year by a business entity;</text>
      </level>
      <level label="ii">
        <text>is employed by a business entity at least 35 hours each week for at least 12 months before or during the taxable year for which the entity claims a credit;</text>
      </level>
      <level label="iii">
        <text>spends at least 50% of the hours under item (ii) of this paragraph either in the focus area or on activities of the business entity resulting directly from its location in the focus area;</text>
      </level>
      <level label="iv">
        <text>is hired by the business entity after the later of:</text>
        <level label="1">
          <text>the date on which the focus area is designated; or</text>
        </level>
        <level label="2">
          <text>the date on which the business entity located in the focus area; and</text>
        </level>
      </level>
      <level label="v">
        <text>earns at least 120% of the State minimum wage.</text>
      </level>
    </level>
    <level label="7">
      <text>“Qualified employee” means an individual who:</text>
      <level label="i">
        <text>is hired to fill a newly created position or, if the individual is an economically disadvantaged individual, is hired to fill a position previously held by another economically disadvantaged individual;</text>
      </level>
      <level label="ii">
        <text>is employed by a business entity at least 35 hours each week for at least 6 months before or during the taxable year for which the entity claims a credit;</text>
      </level>
      <level label="iii">
        <text>spends at least 50% of the hours under item (ii) of this paragraph, either in the enterprise zone or on activities of the business entity resulting directly from its location in the enterprise zone;</text>
      </level>
      <level label="iv">
        <text>earns at least 120% of the State minimum wage; and</text>
      </level>
      <level label="v">
        <text>is hired by the business entity after the later of:</text>
        <level label="1">
          <text>the date on which the enterprise zone is designated; or</text>
        </level>
        <level label="2">
          <text>the date on which the business entity locates in the enterprise zone.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Any business entity that is located in an enterprise zone and satisfies the requirements of § 5–707 of the Economic Development Article may claim a credit only against the State income tax for the wages specified in subsections (c) and (d) of this section that are paid in the taxable year for which the entity claims the credit.</text>
    </level>
    <level label="2">
      <text>A business entity that is located in a focus area and satisfies the requirements of § 5–707 of the Economic Development Article may claim a credit only against the State income tax for the wages specified in subsection (e) of this section that are paid to a focus area employee in the taxable year for which the entity claims the credit.</text>
    </level>
    <level label="3">
      <text>An organization that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code may apply the credit under this section as a credit against income tax due on unrelated business taxable income as provided under §§ 10–304 and 10–812 of this title.</text>
    </level>
  </level>
  <level label="c">
    <text>If a business entity does not claim an enhanced tax credit under subsection (e) of this section for a focus area employee, for the taxable year in which a business entity satisfies the requirements of § 5–707 or § 10–142 of the Economic Development Article, a credit is allowed that equals:</text>
    <level label="1">
      <text>up to $3,000 of the wages paid to each qualified employee who:</text>
      <level label="i">
        <text>is an economically disadvantaged individual; and</text>
      </level>
      <level label="ii">
        <text>is not hired to replace an individual whom the business entity employed in that or any of the 3 preceding taxable years; and</text>
      </level>
    </level>
    <level label="2">
      <text>up to $1,000 of the wages paid to each qualified employee who:</text>
      <level label="i">
        <text>is not an economically disadvantaged individual; and</text>
      </level>
      <level label="ii">
        <text>is not hired to replace an individual whom the business entity employed in that or any of the 3 preceding taxable years.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>If a business entity does not claim an enhanced tax credit under subsection (e) of this section for a focus area employee, for each taxable year after the taxable year described in subsection (c) of this section, while the area is designated an enterprise zone, a credit is allowed that equals:</text>
      <level label="i">
        <text>up to $3,000 of the wages paid to each qualified employee who:</text>
        <level label="1">
          <text>is an economically disadvantaged individual;</text>
        </level>
        <level label="2">
          <text>became a qualified employee during the taxable year to which the credit applies; and</text>
        </level>
        <level label="3">
          <text>is not hired to replace an individual whom the business entity employed in that or any of the 3 preceding taxable years;</text>
        </level>
      </level>
      <level label="ii">
        <text>up to $2,000 of the wages paid to each qualified employee who is an economically disadvantaged individual, if the business entity received a credit under subsection (c)(1) of this section for the qualified employee in the immediately preceding taxable year; and</text>
      </level>
      <level label="iii">
        <text>up to $1,000 of the wages paid to each qualified employee who is not hired to replace an individual whom the business entity employed in that or any of the 3 preceding taxable years if the qualified employee:</text>
        <level label="1">
          <text>is an economically disadvantaged individual for whom the business entity received a credit under subsection (c)(1) of this section or item (i) of this paragraph and a credit under item (ii) of this paragraph in the 2 immediately preceding taxable years; or</text>
        </level>
        <level label="2">
          <text>is not an economically disadvantaged individual but became a qualified employee during the taxable year to which the credit applies.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>A business entity that hires a qualified employee to replace another qualified employee for whom the business entity received a credit under subsection (c)(1) of this section and paragraph (1)(ii) of this subsection in the immediately preceding taxable year may treat the new qualified employee as the replacement for the other qualified employee to determine any credit that may be available to the business entity under paragraph (1)(ii) or (iii) of this subsection.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>For the taxable year in which a business entity satisfies the requirements of §§ 5–706 and 5–707 or § 10–142 of the Economic Development Article, a credit is allowed that equals:</text>
      <level label="i">
        <text>up to $4,500 of the wages paid to each focus area employee who:</text>
        <level label="1">
          <text>is an economically disadvantaged individual; and</text>
        </level>
        <level label="2">
          <text>is not hired to replace an individual whom the business entity employed in that year or any of the 3 preceding taxable years; and</text>
        </level>
      </level>
      <level label="ii">
        <text>up to $1,500 of the wages paid to each focus area employee who:</text>
        <level label="1">
          <text>is not an economically disadvantaged individual; and</text>
        </level>
        <level label="2">
          <text>is not hired to replace an individual whom the business entity employed in that year or any of the 3 preceding taxable years.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>For each taxable year after the taxable year described in paragraph (1) of this subsection, while the area is designated a focus area, a credit is allowed that equals:</text>
      <level label="i">
        <text>up to $4,500 of the wages paid to each focus area employee who:</text>
        <level label="1">
          <text>is an economically disadvantaged individual;</text>
        </level>
        <level label="2">
          <text>became a focus area employee during the taxable year to which the credit applies; and</text>
        </level>
        <level label="3">
          <text>is not hired to replace an individual whom the business entity employed in that year or any of the 3 preceding taxable years;</text>
        </level>
      </level>
      <level label="ii">
        <text>up to $3,000 of the wages paid to each focus area employee who is an economically disadvantaged individual, if the business entity received a credit under paragraph (1)(i) of this subsection for the focus area employee in the immediately preceding taxable year; and</text>
      </level>
      <level label="iii">
        <text>up to $1,500 of the wages paid to each focus area employee who is not hired to replace an individual whom the business entity employed in that year or any of the 3 preceding taxable years if the focus area employee:</text>
        <level label="1">
          <text>is an economically disadvantaged individual for whom the business entity received a credit under item (ii) of this paragraph in the 2 immediately preceding taxable years and under:</text>
        </level>
        <level label="A">
          <text>paragraph (1)(i) of this subsection; or</text>
        </level>
        <level label="B">
          <text>item (i) of this paragraph; or</text>
        </level>
        <level label="2">
          <text>is not an economically disadvantaged individual but became a focus area employee during the taxable year to which the credit applies.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>A business entity that hires a focus area employee to replace another focus area employee for whom the business entity received a credit under paragraph (1)(i) of this subsection and paragraph (2)(ii) of this subsection in the immediately preceding taxable year may treat the focus area employee as the replacement for the other focus area employee to determine any credit that may be available to the business entity under paragraph (2)(ii) or (iii) of this subsection.</text>
    </level>
  </level>
  <level label="f">
    <text>If the credit allowed under this section in any taxable year exceeds the State income tax for that taxable year, a business entity may apply the excess as a credit against the State income tax 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 from the date on which the business entity hired the qualified employee to whom the credit first applies.</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, § 10–206, or § 10–306 of this title.</text>
  </level>
</section>
