<?xml version='1.0' encoding='utf-8'?>
<section article="gtg" article_name="Tax - General" number="10-745" 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>“Certified organic produce” means an eligible food donation that is certified under Title 10, Subtitle 14 of the Agriculture Article as an organically produced commodity.</text>
    </level>
    <level label="3">
      <text>“Eligible food donation” means fresh farm products for human consumption.</text>
    </level>
    <level label="4">
      <text>“Qualified farm” means a farm business that is located in the State.</text>
    </level>
    <level label="5">
      <text>“Secretary” means the Secretary of Agriculture or the Secretary’s designee.</text>
    </level>
    <level label="6">
      <text>“Tax credit certificate administrator” means a person or an organization that is authorized by the State Department of Agriculture under subsection (e) of this section to receive eligible food donations.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to the limitations of this section, for a taxable year beginning after December 31, 2016, a qualified farm may claim a credit against the State income tax in the amount stated on any tax credit certificates issued to the qualified farm during the taxable year.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, for any taxable year, the aggregate amount of credits authorized under this subsection for a qualified farm may not exceed $5,000.</text>
      </level>
      <level label="ii">
        <text>For any taxable year, the Secretary may increase the credit limitation under subparagraph (i) of this paragraph for a qualified farm by an amount not to exceed $5,000.</text>
      </level>
    </level>
    <level label="3">
      <text>If the credit allowed under this section exceeds the State income tax, any unused credit may be carried forward and applied for succeeding taxable years until the earlier of:</text>
      <level label="i">
        <text>the date on which the full amount of the credit is used; or</text>
      </level>
      <level label="ii">
        <text>the date of the expiration of the 5th year after the taxable year for which the credit was allowed.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A qualified farm that makes an eligible food donation is eligible for a tax credit certificate with a stated tax credit amount equal to 100% of the value of the eligible food donation.</text>
    </level>
    <level label="2">
      <text>A qualified farm that makes a donation of certified organic produce is eligible for a tax credit certificate with a stated tax credit amount equal to 100% of the value of the donated certified organic produce.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Each week the Secretary shall establish and publish the categories and value of certified organic produce and eligible food donations.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, the value of each category of certified organic produce and eligible food donations is the wholesale value of the category established by the State Department of Agriculture and based on United States Department of Agriculture reports on Maryland products sold at Maryland markets.</text>
    </level>
    <level label="3">
      <text>If the Secretary determines that the value established under paragraph (2) of this subsection is insufficient to pay for the cost of harvesting a category of certified organic produce or eligible food donation, the Secretary may establish a value in excess of the value under paragraph (2) of this subsection.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The Secretary, in consultation with the Comptroller, shall establish a process to certify a person or an organization to act as a tax credit certificate administrator.</text>
    </level>
    <level label="2">
      <text>A tax credit certificate administrator that receives a donation of certified organic produce or an eligible food donation from a qualified farm shall issue the qualified farm a tax credit certificate.</text>
    </level>
    <level label="3">
      <text>The tax credit certificate shall:</text>
      <level label="i">
        <text>state the date of the donation;</text>
      </level>
      <level label="ii">
        <text>identify the qualified farm;</text>
      </level>
      <level label="iii">
        <text>describe the type of donation;</text>
      </level>
      <level label="iv">
        <text>state the weight of the donation;</text>
      </level>
      <level label="v">
        <text>identify the value of the donation;</text>
      </level>
      <level label="vi">
        <text>state the maximum amount of the tax credit for which the qualified farm is eligible; and</text>
      </level>
      <level label="vii">
        <text>provide any other information the State Department of Agriculture or Comptroller requires.</text>
      </level>
    </level>
    <level label="4">
      <text>The Secretary, in consultation with the Comptroller, shall prepare tax credit certificate forms for the use of the tax credit certificate administrators.</text>
    </level>
    <level label="5">
      <text>Within 30 days after issuing a tax credit certificate, the tax credit certificate administrator shall provide a copy of the tax credit certificate to the Secretary and the Comptroller.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>The Secretary shall notify each tax credit certificate administrator to stop issuing tax credit certificates if the amount of tax credit certificates issued during the fiscal year equals or exceeds the amount of tax credit certificates authorized to be issued during the fiscal year under subsection (f) of this section less $50,000.</text>
      </level>
      <level label="ii">
        <text>The Secretary, in consultation with the Comptroller, shall adopt regulations providing procedures to issue the remaining $50,000 of tax credit certificates under this paragraph.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>For each fiscal year, the total amount of tax credit certificates issued under this section may not exceed $100,000.</text>
    </level>
    <level label="2">
      <text>If the total amount of tax credit certificates issued during any fiscal year totals less than the maximum amount provided under paragraph (1) of this subsection, any excess amount may be carried forward and issued under tax credit certificates in a subsequent fiscal year.</text>
    </level>
  </level>
  <level label="g">
    <text>On or before January 1, 2018, and January 1 each year thereafter, the Secretary, in consultation with the Comptroller, shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on the use and impact of the tax credit established under this section.</text>
  </level>
  <level label="h">
    <text>The Secretary, in consultation with the Comptroller, shall adopt regulations to administer this section.</text>
  </level>
</section>
