<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 24.05.12.12" title_num="24" subtitle_num="05" chapter_num="12" heading="Affiliated Corporations and Entities under Common Control.">
  <paragraph num="A.">
    <text>All members of the same controlled group of corporations, as defined in 26 U.S.C. §41(f), and all entities under common control, whether incorporated or not, shall be treated as a single taxpayer for purposes of the tax credit.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The credit allowable to each member shall be determined by multiplying the total credits certified by the Department for the controlled group by a fraction:</text>
    <paragraph num="(1)">
      <text>The numerator of which is the Maryland qualified research and development expenses incurred by the separate member; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The denominator of which is the total Maryland qualified research and development expenses incurred by all members of the controlled group.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The computation of the credit amount shall include all of the qualified research and development expenses of an acquired, consolidated, restructured, or merged entity.</text>
  </paragraph>
</regulation>