<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 15.20.09.03" title_num="15" subtitle_num="20" chapter_num="09" heading="Eligibility.">
  <paragraph num="A.">
    <text>A person operating an agricultural operation that incurs additional commercial fertilizer costs due to conversion of nutrient use to meet the requirements of a phosphorus based nutrient management plan is eligible for a State income tax credit under this chapter, if:</text>
    <paragraph num="(1)">
      <text>A nutrient management plan meeting the requirements of COMAR 15.20.08 has been submitted to the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The conversion of nutrient use is for the purpose of complying with the requirements set forth in COMAR 15.20.08 for the implementation of nutrient recommendations;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Those costs take into account management by the taxpayer of all acreage in their agricultural operation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Those costs are related to the purchase of additional quantities of commercial fertilizer, specialized blends, or formulations, and not due solely to product price increases; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department has approved a Certificate of Additional Fertilizer Expense for Income Tax Deduction, indicating the amount of credit that may be claimed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The credit may be taken against the following types of taxes:</text>
    <paragraph num="(1)">
      <text>Personal income tax; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Corporate income tax.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The credit may be claimed by the following types of agricultural operations:</text>
    <paragraph num="(1)">
      <text>Sole proprietorships;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Corporations; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Pass-through entities, including partnerships, S-corporations, and limited liability companies on behalf of their partners, shareholders, and members, respectively.</text>
    </paragraph>
  </paragraph>
</regulation>