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<regulation prefix="Regulation" num=".02" citation="COMAR 18.07.02.02" title_num="18" subtitle_num="07" chapter_num="02" heading="Criteria Adopted.">
  <text>The following criteria have been adopted by the Department in the processing of applications for the Renters' Tax Credit Program:</text>
  <paragraph num="A.">
    <text>Eligibility.</text>
    <paragraph num="(1)">
      <text>A Renters' Tax Credit shall be available to all persons who meet the following requirements:</text>
      <paragraph num="(a)">
        <text>The individual meets the requirements of Tax-Property Article, §9-102(a)(9), Annotated Code of Maryland, or is the surviving spouse of an individual satisfying the qualification;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The individual has a bona fide leasehold interest in the dwelling unit, which may not be owned by a public housing authority or an organization exempt from the payment of property taxes;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The individual has resided in the dwelling unit in Maryland for at least 6 months during the calendar year for which the credit is sought;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The individual, spouse or resident co-tenant, or all of these, have a combined net worth of less than $200,000, as defined in Tax-Property Article, §9-102(i)(2), Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The person qualifies on the basis of the formula established in Tax-Property Article, §9-102(h), Annotated Code of Maryland, for comparing the combined gross income reported to the assumed real property taxes included in the occupancy rent, as those terms are defined in Tax-Property Article, §9-102(g), Annotated Code of Maryland, and the regulations;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The person submits a complete application furnishing all information required under Tax-Property Article, §9-102(f), Annotated Code of Maryland, and the regulations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person failing to meet the requirements under §A(1) of this regulation shall be notified in writing of the reason by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Reasonable Value of Utilities.</text>
    <paragraph num="(1)">
      <text>The amount of tax credit shall be calculated on 15 percent of the total rent paid to occupy the dwelling unit in the calendar year reduced by the reasonable value of any utilities included in the rent.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reasonable value of utilities shall be determined according to the following criteria:</text>
      <paragraph num="(a)">
        <text>If the cost of heat and electricity or gas all have been included in the monthly rent charge, the total rent for the calendar year eligible for credit consideration shall be reduced by 18 percent.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If only the cost of heat has been included in the monthly rent charge, the total rent for the calendar year eligible for credit consideration shall be reduced by 12 percent.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If only the cost of electricity or gas has been included in the monthly rent charge, the total rent for the calendar year eligible for credit consideration shall be reduced by 6 percent.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Combined Gross Income of All Occupants.</text>
    <paragraph num="(1)">
      <text>An applicant shall report on the application the combined gross income of all persons who are actual occupants of the dwelling unit, if the persons are not dependents, or not paying reasonable fixed charges.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant who refuses to submit the information required under §C(1) of this regulation shall be denied a property tax credit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Dependent. An applicant who claims a person is a dependent, but who does not file a federal income tax return, shall submit verification of the dependency status to the Department in the form of a sworn affidavit.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Reasonable Fixed Charges.</text>
    <paragraph num="(1)">
      <text>A fixed charge reported by an applicant is considered reasonable if it equals one of the following amounts:</text>
      <paragraph num="(a)">
        <text>A minimum weekly standard established by the Department;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ten percent of the nondependent occupant's gross income;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ten percent of the applicant's combined gross income;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The aggregate of all individual expenses paid by the occupant to assist in the maintenance of the dwelling unit;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>An amount the local supervisor of assessments or tax credit administrator finds sufficient in cases of extreme hardship.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant who does not state initially on the application form the amount of a reasonable fixed charge received from a person shall execute a sworn affidavit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Total Income.</text>
    <paragraph num="(1)">
      <text>Total income, whether taxable for federal or State income tax purposes or not, shall be reported on the tax credit application and requires:</text>
      <paragraph num="(a)">
        <text>The counting of 100 percent of capital gains and dividends;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The disallowance of capital losses in excess of capital gains;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The disallowance of depreciation as a business deductions;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The disallowance of all federal adjustments to personal income except the penalty for early withdrawal of savings.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Total income does not include lump-sum life insurance payments, research grants, and Veterans Administration educational benefits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Timeliness of Application. The Department shall consider an application as timely under Tax-Property Article, §9-102(f), Annotated Code of Maryland, if the application is received or postmarked on or before the applicable date.</text>
  </paragraph>
</regulation>