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<section article="gtg" article_name="Tax - General" number="10-741" 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">
      <text>“Business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="3">
      <text>“Department” means the Department of Commerce.</text>
    </level>
    <level label="4">
      <text>“Eligible project” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="5">
      <text>“Existing business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="6">
      <text>“New business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="7">
      <text>“Qualified business entity” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="8">
      <text>“Qualified position” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="9">
      <text>“Tier I area” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
    <level label="10">
      <text>“Tier II area” has the meaning stated in § 6–801 of the Economic Development Article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to the limitations of this section, an individual or corporation that is a new business entity that operates an eligible project in a Tier I area or an existing business entity that operates an eligible project may claim a credit against the State income tax equal to the amount stated in the final tax credit certificate approved by the Department for an eligible project.</text>
    </level>
    <level label="2">
      <text>The amount of the credit authorized under paragraph (1) of this subsection is equal to the product of:</text>
      <level label="i">
        <level label="1">
          <text>if the qualified business entity received a certificate under § 6–805 of the Economic Development Article before June 1, 2022, 5.75%; or</text>
        </level>
        <level label="2">
          <text>if the qualified business entity received a certificate under § 6–805 of the Economic Development Article on or after June 1, 2022, 4.75%; and</text>
        </level>
      </level>
      <level label="ii">
        <text>the total amount of wages paid for each qualified position at an eligible project.</text>
      </level>
    </level>
    <level label="3">
      <text>If the tax credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the qualified business entity for that taxable year, the qualified business entity may claim a refund in the amount of the excess.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>On enrollment in the More Jobs for Marylanders Program established under Title 6, Subtitle 8 of the Economic Development Article, a qualified business entity shall apply to the Department for a tax credit certificate.</text>
    </level>
    <level label="2">
      <text>The application shall be in the form and shall contain the information the Department requires.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>Subject to subsections (d) and (e) of this section, the Department may issue a tax credit certificate to a qualified business entity in an amount not to exceed the amount determined under subsection (b)(2) of this section.</text>
      </level>
      <level label="ii">
        <text>In determining the allocation of the aggregate tax credit amounts available in a fiscal year as provided under subsection (d) of this section, the Department shall give priority to applications for eligible projects in a Tier I area, as defined under § 6–801 of the Economic Development Article.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “Reserve Fund” means the More Jobs for Marylanders Tax Credit Reserve Fund established under paragraph (2) of this subsection.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>There is a More Jobs for Marylanders Tax Credit Reserve Fund that is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text>
      </level>
      <level label="ii">
        <text>The money in the Reserve Fund shall be invested and reinvested by the Treasurer, and interest and earnings shall be credited to the General Fund.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Subject to the limitations of this subsection, the Department shall issue an initial tax credit certificate in an amount equal to a percentage of total wages paid for each qualified position at an eligible project as calculated under subsection (b)(2) of this section.</text>
      </level>
      <level label="ii">
        <text>An initial tax credit certificate issued under this subsection shall state the maximum amount of tax credit for which the qualified business entity is eligible.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>Except as otherwise provided in this subparagraph, for any fiscal year, the Department may not issue initial tax credit certificates for credit amounts in the aggregate totaling more than:</text>
        </level>
        <level label="A">
          <text>with respect to qualified business entities provided a certificate under § 6–805 of the Economic Development Article before June 1, 2022, $9,000,000 in a fiscal year; and</text>
        </level>
        <level label="B">
          <text>with respect to qualified business entities provided a certificate under § 6–805 of the Economic Development Article on or after June 1, 2022, $5,000,000 in a fiscal year.</text>
        </level>
        <level label="2">
          <text>If the aggregate credit amounts under initial tax credit certificates issued in a fiscal year total less than the maximum provided under subsubparagraph 1 of this subparagraph, any excess amount shall remain in the Reserve Fund.</text>
        </level>
        <level label="3">
          <text>For any fiscal year, if funds are transferred from the Reserve Fund under the authority of any provision of law other than under paragraph (4) of this subsection, the maximum credit amounts in the aggregate for which the Department may issue initial tax credit certificates shall be reduced by the amount transferred.</text>
        </level>
      </level>
      <level label="iv">
        <text>For fiscal year 2019 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to the Reserve Fund in an amount that is no less than the amount the Department reports is necessary under subsection (e) of this section to:</text>
        <level label="1">
          <text>maintain the current level of manufacturing activity in the State;</text>
        </level>
        <level label="2">
          <text>attract new manufacturing activity to the State; and</text>
        </level>
        <level label="3">
          <text>attract new businesses to and encourage the expansion of existing businesses within opportunity zones in the State.</text>
        </level>
      </level>
      <level label="v">
        <text>Notwithstanding the provisions of § 7–213 of the State Finance and Procurement Article, the Governor may not reduce an appropriation to the Reserve Fund in the State budget as approved by the General Assembly.</text>
      </level>
      <level label="vi">
        <level label="1">
          <text>Subject to subsubparagraphs 2 and 3 of this subparagraph, based on an amount equal to a percentage of the total actual wages paid for each qualified position at an eligible project as calculated under subsection (b)(2) of this section, the Department shall issue a final tax credit certificate to the qualified business entity.</text>
        </level>
        <level label="2">
          <text>For fiscal year 2027, the total amount of final tax credit certificates issued by the Department may not exceed $15,000,000.</text>
        </level>
        <level label="3">
          <text>If the total amount of final tax credit certificates the Department is required to issue under this subparagraph exceeds $15,000,000 in fiscal year 2027, the Department shall issue final tax credit certificates to qualified business entities on a pro rata basis.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>Except as provided in this paragraph, money appropriated to the Reserve Fund shall remain in the Fund.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>Within 15 days after the end of each calendar quarter, the Department shall notify the Comptroller as to each final credit certificate issued during the quarter:</text>
        </level>
        <level label="A">
          <text>the maximum credit amount stated in the initial tax credit certificate for the qualified business entity; and</text>
        </level>
        <level label="B">
          <text>the final certified credit amount for the qualified business entity.</text>
        </level>
        <level label="2">
          <text>On notification that a final credit amount has been certified, the Comptroller shall transfer from the Reserve Fund to the General Fund:</text>
        </level>
        <level label="A">
          <text>for fiscal year 2027, an amount equal to the credit amount stated in the final tax credit certificate for the qualified business entity; and</text>
        </level>
        <level label="B">
          <text>for fiscal year 2028 and each fiscal year thereafter, an amount equal to the credit amount stated in the initial tax credit certificate for the qualified business entity.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="e">
    <text>On or before July 1 each year, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on the amount of tax credits necessary to:</text>
    <level label="1">
      <text>maintain the current level of manufacturing activity in the State;</text>
    </level>
    <level label="2">
      <text>attract new manufacturing activity to the State; and</text>
    </level>
    <level label="3">
      <text>attract new businesses to and encourage the expansion of existing businesses within opportunity zones in the State.</text>
    </level>
  </level>
  <level label="f">
    <text>The Department and the Comptroller jointly shall adopt regulations to carry out the provisions of this section and to specify criteria and procedures for the application for, approval of, and monitoring of continuing eligibility for the tax credit under this section.</text>
  </level>
</section>
