<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 24.05.24.10" title_num="24" subtitle_num="05" chapter_num="24" heading="Carryover of Tax Credit.">
  <paragraph num="A.">
    <text>A qualified business entity may carry over a tax credit to a succeeding tax year if:</text>
    <paragraph num="(1)">
      <text>The tax credit allowed exceeds the total tax otherwise due from the qualified business entity; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except as provided in §E of this regulation, the succeeding tax year, the qualified business entity continues to employ at least 25 qualified employees at the eligible economic development project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A temporary vacancy in a qualified position does not constitute the abolition of that qualified position if the vacancy is filled within 4 months and not more than 10 percent of the qualified positions at the business facility are vacant at any given time.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A tax credit may only be carried over until the earlier of the:</text>
    <paragraph num="(1)">
      <text>Full amount of the excess is used; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Expiration of the 14th credit year following the first credit year.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A tax credit may not be carried back to a preceding credit year.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A qualified business entity which has maintained at least 25 qualified employees at the eligible economic development project for at least 5 years and now employs between 10 and 24 qualified employees at the eligible economic development project, may claim a prorated share of a tax credit calculated based upon the number of qualified employees at the eligible economic development project for the credit year divided by 25.</text>
  </paragraph>
</regulation>