<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".34" citation="COMAR 03.06.01.34" title_num="03" subtitle_num="06" chapter_num="01" heading="Special Use Tax on Certain Electricity.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>In this regulation, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terms Defined.</text>
      <paragraph num="(a)">
        <text>“On site generated electricity” has the meaning stated in Tax-General Article, §11-1A-01(b)(1), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Owner” has the meaning stated in Tax-General Article, §11-1A-01(c), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Public service company” has the meaning stated in Tax-General Article, §8-401(f), Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>“Substantially the same ownership” means that identical persons or governmental entities are the owners of a facility that generates electricity and a building or machinery and equipment that consumes the electricity and their ownership interest in each varies by 10 percent or less.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The special use tax on electricity applies to the use in this State of electricity not delivered by a public service company and which is generated by a facility:</text>
    <paragraph num="(1)">
      <text>The owner of which, together with any tenants of the owner, does not consume at least 80 percent of the electricity generated by the facility each year;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That is not operated by the owner or a designee of the owner; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Owned by more than one person or governmental entity where the ownership of the facility and the ownership of the building or machinery and equipment that consumes the electricity are not substantially the same ownership.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The special use tax on electricity does not apply to:</text>
    <paragraph num="(1)">
      <text>Electricity used for residential purposes;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Electricity used exclusively for emergency back-up generation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>On-site generated electricity.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The provisions of Tax-General Article, Title 11, Subtitles 3, 4, 5, 6, and 7, Annotated Code of Maryland, regarding tax computation and statement, tax collection, returns and records, tax payment, and licensing apply to the special use tax on electricity.</text>
  </paragraph>
  <paragraph num="E.">
    <text>In addition to the information required under Tax-General Article, Title 11, Subtitle 5, the returns of a vendor or buyer of electricity that is subject to the special use tax on electricity shall state for the period that the return covers the:</text>
    <paragraph num="(1)">
      <text>Kilowatt hours of electricity that are subject to the special use tax on electricity; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Special use tax on electricity that is due.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The rate of the special use tax on electricity is 0.062 cents for each kilowatt hour of electricity that is subject to the tax.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The special use tax is in addition to any other sales and use tax due on the sale of the electricity.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The provisions of the Tax-General Article, Title 13, Annotated Code of Maryland, which apply to sales and use taxes, apply to the special use tax on electricity.</text>
  </paragraph>
</regulation>