<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 24.05.27.11" title_num="24" subtitle_num="05" chapter_num="27" heading="Amount of Tax Credit.">
  <paragraph num="A.">
    <text>The income tax credit earned under this regulation is equal to the product of:</text>
    <paragraph num="(1)">
      <text>The State employer withholding amount, which is equal to the highest tax rate listed in Tax-General Article, §10–105(a), Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The total amount of wages paid for each qualified position at an eligible project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Earning the Tax Credit.</text>
    <paragraph num="(1)">
      <text>First Benefit Year. The income tax credit is earned by the qualified business entity at the end of the 12-month period during which the requisite number of qualified positions have been filled at each eligible project and the business entity claims a Program benefit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Subsequent Benefit Years. The income tax credit is earned by the qualified business entity at the end of each new 12-month period during which the requisite number of qualified positions have been filled at each eligible project.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The 12 months need not be consecutive.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Claiming the Tax Credit.</text>
    <paragraph num="(1)">
      <text>To claim the income tax credit approved by the Department, the qualified business entity shall file with the Comptroller an income tax return for the taxable year in which the income tax credit is earned and attach a copy of the Department’s certificate of the approved credit amount to the income tax return.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A qualified business entity may claim a refund in the amount, if any, by which the unused excess exceeds the State tax for the taxable year.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The tax credit may not be claimed against taxes resulting from the sale of the eligible project without the written consent of the Secretary.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The same tax credit may not be applied more than once against different taxes by the same taxpayer.</text>
    </paragraph>
  </paragraph>
</regulation>