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<chapter num="11" heading="Arts and Entertainment Districts" title_num="03" subtitle_num="04">
  <regulation prefix="Regulation" num=".01" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Artist” means a qualifying residing artist as defined in Economic Development Article, §4-701(f), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Artistic work” has the meaning stated in Economic Development Article, §4-701(b), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“District” means an arts and entertainment district as defined in Economic Development Article, §4-701(c), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Subtraction” means the modification to federal adjusted gross income as set forth in Tax-General Article, §10-207(v), Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Sales and Publication of Artistic Work.">
    <paragraph num="A.">
      <text>To the extent included in federal adjusted gross income, the amount of income derived by an artist from the sale or publication of an artistic work within the district located in the county where the artist owns or rents residential real property and in which the artist conducts a business is allowed as a subtraction from federal adjusted gross income.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Income that an artist earns from the sale or publication of artistic work created by the artist within the district and sold within the district qualifies for the subtraction.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Income that an artist earns from the sale or publication of artistic work created by the artist within the district and sold outside the district does not qualify for the subtraction.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Income that an artist earns from the sale or publication of artistic work created by the artist outside the district and sold within the district does not qualify for the subtraction.</text>
    </paragraph>
    <paragraph num="E.">
      <text>Income that an artist earns from the sale or publication of artistic work created by the artist outside the district and sold outside the district does not qualify for the subtraction.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Income received by an artist from internet, mail order, and catalog sales of artistic work created within the district by the artist that is shipped from within the district qualifies for the subtraction.</text>
    </paragraph>
    <paragraph num="G.">
      <text>Income in the nature of royalties, licenses, or other future revenues from the sale of reproduction or publishing rights does not qualify for the subtraction.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Production and Performance of Artistic Work.">
    <paragraph num="A.">
      <text>To the extent included in federal adjusted gross income, the amount of income derived by an artist from the production or performance of an artistic work within the district located in the county where the artist owns or rents residential real property and in which the artist conducts a business is allowed as a subtraction from federal adjusted gross income.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Income that an artist earns from a musical performance, the performance of a play or dance, the showing of a film produced within the district by the artist, or acting in a film within the district qualifies for the subtraction.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Income that an artist earns from a musical performance, the performance of a play or dance, the showing of a film, or acting in a film outside the district does not qualify for the subtraction.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Income that an artist earns from the creation, choreography, composition, or production of a play, dance, music, or film within the district qualifies for the subtraction.</text>
    </paragraph>
    <paragraph num="E.">
      <text>Income that an artist earns from the creation, choreography, composition, or production of a play, dance, music, or film outside the district does not qualify for the subtraction.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Income received by an artist from the internet broadcast of an artistic work from within the district qualifies for the subtraction.</text>
    </paragraph>
    <paragraph num="G.">
      <text>Income in the nature of royalties, licenses, or other future revenues from the creation or choreography of a play or dance, the composition of music, or the production of a film does not qualify for the subtraction.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Availability of Subtraction.">
    <paragraph num="A.">
      <text>Except as provided in §B of this regulation, the subtraction provided in Regulations .02 and .03 of this chapter is available only to individuals.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The subtraction provided in Regulations .02 and .03 of this chapter is available to a single-member limited liability company, whose sole member is an individual, if the limited liability company is disregarded as an entity separate and apart from its member for federal income tax purposes and as such, the profit or loss of the limited liability company is reflected on the income tax return filed by the member of the limited liability company.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Procedures.">
    <paragraph num="A.">
      <text>An individual claiming the subtraction shall complete Form 502AE and attach the form to the Maryland individual income tax return.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Individuals claiming the subtraction shall maintain receipts, books, accounts, and any other documentation relating to the sale, publication, production, or performance of artistic work by an artist.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Tax-General Article, §2-103, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: November 10, 2003 (30:22 Md. R. 1577)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 9, 2009 (36:3 Md. R. 207)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02A, D amended effective October 9, 2006 (33:20 Md. R. 1613)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02F amended effective February 9, 2009 (36:3 Md. R. 207)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03A—C amended effective October 9, 2006 (33:20 Md. R. 1613)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05A amended effective October 9, 2006 (33:20 Md. R. 1613)</annotation>
  </annotations>
</chapter>