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<regulation prefix="Regulation" num=".04" citation="COMAR 15.01.12.04" title_num="15" subtitle_num="01" chapter_num="12" heading="Tax Credit Certificate Administrator.">
  <paragraph num="A.">
    <text>General Requirements.</text>
    <paragraph num="(1)">
      <text>Unless certified by the Secretary, a person or organization may not act as a TCCA. A certified TCCA shall agree in writing with the Secretary to comply with requirements of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A TCCA certified by the Secretary that receives an eligible food donation from a qualified farm shall issue the qualified farm a tax credit certificate (the Secretary, in consultation with the Comptroller, is required to prepare tax certificate forms) that provides the following information:</text>
      <paragraph num="(a)">
        <text>The date of donation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The identity of the qualified farm;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The type of donation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The weight of the donation;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The value of the donation;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The maximum amount of the tax credit for which the qualified farm is eligible; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Any other information the State Department of Agriculture or Comptroller requires.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Within 30 calendar days after issuing a tax credit certificate, the certified TCCA shall provide a copy of the tax credit certificate to the Secretary and the Comptroller.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When notified by the Secretary, the TCCA shall stop issuing tax credit certificates as required by Tax-General Article, §10-745(e)(6)(i)1, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Procedures for Issuing a Fiscal Year's Remaining Tax Credit Certificates.</text>
      <paragraph num="(a)">
        <text>After the Secretary notifies each TCCA to stop issuing tax credit certificates when the total amount of the tax credit certificates issued during the fiscal year equals or exceeds $50,000, the Secretary may authorize the issuance of any remaining credits as provided in this regulation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 20 days from receipt of the Secretary's notification, a TCCA may request written permission from the Secretary to issue additional tax credit certificates during the current fiscal year, specifying the dollar amount in additional tax credits it seeks to issue and the basis for that request (e.g., to support its request, the TCCA may be requested by MDA to provide information indicating the amount of food donations by type that it has received and is likely to receive from qualified farms during the current fiscal year, and other such records showing that its request is reasonable).</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Secretary shall review each timely request from a TCCA in conjunction with other timely requests and assess whether the basis for the request is reasonable.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the total dollar amount of the requests received from all TCCAs does not exceed $50,000, the Secretary may permit each TCCA to issue tax credits up to the amount specified in its request and will notify each TCCA of its determination in writing.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>If the total dollar amount of the requests received from all TCCAs exceeds $50,000, the Secretary shall strive to distribute the additional tax credits to each TCCA for food donations from qualified farms in a fair and equitable manner.</text>
      </paragraph>
      <paragraph num="(f)">
        <text>If a TCCA recognizes that it will be unable to issue the tax credits that the Secretary has authorized under either §A(5)(d) or (e) of this regulation, it shall immediately notify the Secretary who will strive to distribute these certificates in a fair and equitable manner to those TCCAs still in need of additional tax credits.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Tax Credit Value. The TCCA shall determine the value of the tax credit as follows:</text>
    <paragraph num="(1)">
      <text>A qualified farm that makes eligible food donations is eligible for a tax credit certificate with a stated tax credit amount equal to 100 percent of the value of eligible food donation.</text>
    </paragraph>
    <paragraph num="(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 percent of the value of the donated certified organic produce.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The TCCA shall determine the value of any eligible food donations based on the Secretary's weekly published categories and values of certified organic produce and food donations as required by Tax-General Article, §10-745(d), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Record Requirement.</text>
    <paragraph num="(1)">
      <text>The TCCA shall maintain any records relating to the issuance of any tax credit certificate to any qualified farm.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any record shall be maintained for 3 years and shall be available to the Secretary or the Comptroller upon request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Conflicts of Interest. A TCCA may not issue a tax credit certificate to any person who owns or operates a qualified farm if the TCCA has a business interest or is a family member of the owner or operator in the farm.</text>
  </paragraph>
</regulation>