<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 24.05.27.12" title_num="24" subtitle_num="05" chapter_num="27" heading="Sales and Use Tax Refund.">
  <paragraph num="A.">
    <text>A qualified business entity may apply to claim the refund of sales and use tax paid during the immediately preceding calendar year for a sale of qualified personal property or services purchased solely for use at the eligible project.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Limitations.</text>
    <paragraph num="(1)">
      <text>A qualified business entity shall be enrolled in the Program under Regulation .06 of this chapter to be eligible for a refund of sales and use tax paid for any benefit year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A qualified business entity shall continue to operate the eligible project for the calendar year in which the sales and use tax was paid.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The purchase of qualified personal property and services was made on or after January 1, 2018.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A qualified business entity may submit an application for refund on or after January 1 of the calendar year immediately following the purchase of the qualified personal property or services.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department may not issue sales and use tax refunds in amounts in the aggregate totaling more than $1,000,000 in a fiscal year.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Application for Refund.</text>
    <paragraph num="(1)">
      <text>The application for refund shall contain the following information:</text>
      <paragraph num="(a)">
        <text>A description of property or service purchased;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date of sale;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The amount of sale;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The amount of sales and use tax paid;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The name of the persons or entities to whom the sales and use tax was paid;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Copies of invoices and payment evidencing the sale or purchase;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A statement allowing the Department to have access to any information provided to the Comptroller or another appropriate agency by a qualified business entity in connection with eligibility for refund allowed under this regulation; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Any other information that the Department requires.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>To the extent that funds are available in the Sales and Use Tax Reserve Fund, the Department shall issue a refund in an amount equal to the amount claimed by the qualified business entity under §C(1) of this regulation and approved by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Comptroller retains its audit authority under the Tax-General Article, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Carryover. If the aggregate amount of sales and use tax refunds issued in a fiscal year totals less than the maximum provided under §B(5) of this regulation, the Department shall transfer the excess amount to the More Jobs for Marylanders Tax Credit Reserve Fund established under Tax-General Article, §10–741, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>