<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 05.14.01.07" title_num="05" subtitle_num="14" chapter_num="01" heading="Procedures for Claiming and Using Tax Credits.">
  <paragraph num="A.">
    <text>Certification of Contribution.</text>
    <paragraph num="(1)">
      <text>In order to claim a tax credit for a contribution under the Act, the business entity or individual shall submit a request for certification through the nonprofit organization on forms provided by the Program, together with any documentation of the contribution as required by the Program.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each request for certification of a contribution shall contain:</text>
      <paragraph num="(a)">
        <text>The name of the approved project for which the contribution was made, the project identification number, and the name of the nonprofit organization to which the contribution was made;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A receipt from the nonprofit organization for the contribution; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>In the case of a:</text>
        <paragraph num="(i)">
          <text>Cash contribution, proof of the amount of the contribution;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Contribution of new goods, an invoice or receipt provided by the business entity or individual as certification of the contribution's net cost, consistent with Internal Revenue Service Publication 561;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Nonmonetary contribution not described in §A(2)(c)(ii) of this regulation, a certification by an independent and unrelated third party as to the value of the contribution consistent with Internal Revenue Service Publication 561; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Contribution of real property, a properly executed and recorded deed, evidence that the property was conveyed free and clear of all liens and encumbrances, a recent property appraisal, and evidence that the contributed property will be used for the approved use described in the application; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Any other information considered necessary by the Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Notice of certification may be made by the Assistant Secretary for Neighborhood Revitalization.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Timing.</text>
    <paragraph num="(1)">
      <text>A request for certification may not be accepted for contributions received before January 1, 1997.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An initial claim for a tax credit shall be made for the taxable year in which the contribution is made.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The contribution shall be received by the nonprofit organization within the deadline set by the Program.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A request for certification shall be submitted by the nonprofit organization and received by the Program by the later of:</text>
      <paragraph num="(a)">
        <text>The end of the taxable year; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>1 month after the contribution is made.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Refusal to Certify Contribution. The Program may refuse a request for certification of a contribution if it determines that:</text>
    <paragraph num="(1)">
      <text>The maximum amount of contributions eligible for Program tax credits for that project would be exceeded by the sum of:</text>
      <paragraph num="(a)">
        <text>The amount of the proposed contribution; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The total amount of contributions previously certified for that project for the State's fiscal year;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The business entity or individual has overstated the value of any nonmonetary contribution included; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The request for certification is not made in a timely manner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Calculating the Tax Credit.</text>
    <paragraph num="(1)">
      <text>The tax credit allowed to a business entity or an individual shall be equal to 50 percent of the amount of the contribution that:</text>
      <paragraph num="(a)">
        <text>Was made in the taxable year of the business entity or individual; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has been certified by the Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For any taxable year, the sum of all Program tax credits, including any carryover credits, may not exceed the lesser of:</text>
      <paragraph num="(a)">
        <text>$250,000; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The total amount of tax otherwise payable by the business entity or individual for the taxable year.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Any excess credit that would have been allowed but for the limitations of §D(2) of this regulation may be carried over and applied as a credit for succeeding taxable years until the earlier of:</text>
      <paragraph num="(a)">
        <text>The full amount of the excess tax credit is used; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The expiration of the fifth taxable year after the taxable year in which the contribution was made.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The same tax credit may not be applied more than once against different taxes by the same taxpayer.</text>
  </paragraph>
</regulation>