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<regulation prefix="Regulation" num=".06" citation="COMAR 34.04.07.06" title_num="34" subtitle_num="04" chapter_num="07" heading="Procedures for Certification of Completed Rehabilitation (Part 3).">
  <paragraph num="A.">
    <text>Following completion of a rehabilitation approved by the Director under Regulation .05 of this chapter (Part 2) or for which the Director issued an initial credit certificate under Part 2, the Part 2 applicant may file a Part 3 application with the Director requesting that the Director determine that the completed rehabilitation is a certified rehabilitation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A Part 3 application shall be filed:</text>
    <paragraph num="(1)">
      <text>For either the Homeowner Tax Credit or the Small Commercial Tax Credit, not later than the end of the second calendar year that follows the calendar year during which the rehabilitation was completed; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For the Competitive Commercial Tax Credit, within the time limit set forth in Regulation .05D(11)(d) of this chapter as may have been extended by the Director under Regulation .05D(13) of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A Part 3 application shall:</text>
    <paragraph num="(1)">
      <text>Be filed on the standard application forms available on the Trust’s website;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Include:</text>
      <paragraph num="(a)">
        <text>A statement made under oath by the applicant that the amount of the qualified rehabilitation expenditures as stated in the application is true and correct; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Financial statements, in form and content satisfactory to the Director, certified by a certified public accountant that demonstrate that the qualified rehabilitation expenditures stated in the application were expended on the rehabilitation approved by the Director under Part 2, if the application is for:</text>
        <paragraph num="(i)">
          <text>A Competitive Commercial Tax Credit; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A Small Commercial Tax Credit that is based on qualified rehabilitation expenditures of $100,000 or more; and</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For the Homeowner Tax Credit, include an administrative fee in an amount that is equal to the greater of 0.6 percent of either the estimated cost of rehabilitation stated in the Part 2 application for the rehabilitation or the qualified rehabilitation expenditures stated in the Part 3 application, less $10 paid with the Part 2 application.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Director may not accept or review a Part 3 application until the Trust receives the administrative fee, if applicable, and all information required by the application form.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Upon receipt of a timely filed and complete Part 3 application, the Director:</text>
    <paragraph num="(1)">
      <text>May inspect the completed rehabilitation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall:</text>
      <paragraph num="(a)">
        <text>Determine whether the rehabilitation as completed is a certified rehabilitation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>As may be appropriate for an application for the Competitive Commercial Tax Credit, determine whether the rehabilitation resulted in either:</text>
        <paragraph num="(i)">
          <text>A high performance building; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A housing project that qualifies as affordable housing;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>As may be appropriate for an application for either the Small Commercial Tax Credit or the Competitive Commercial Tax Credit, determine whether the rehabilitation resulted in either:</text>
        <paragraph num="(i)">
          <text>A level 1 opportunity zone project; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A level 2 opportunity zone project;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Determine the tax credit amount, if any, based upon the applicant’s accurately reported qualified rehabilitation expenditures; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Promptly send written notice to the applicant of the Director’s determinations.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>An applicant that has completed a competitive commercial rehabilitation approved under Part 2 may file a second Part 3 application for a determination by the Director of the applicant’s qualification for either the additional 5 percent tax credit available under Regulation .03E(2)(a)(ii) of this chapter or the additional 7.5 percent credit available under Regulation .03E(2)(a)(iii) of this chapter if:</text>
    <paragraph num="(1)">
      <text>The Director previously determined under §E(2)(a) of this regulation that the rehabilitation project is a certified rehabilitation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The additional 5 percent tax credit or 7.5 tax credit was not included within the tax credit amount determined by the Director under §E(2)(c) of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The second Part 3 application is received by the Trust within 18 months following the completion of the rehabilitation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Allocation and Transfer of Tax Credit.</text>
    <paragraph num="(1)">
      <text>The tax credit amount determined under §E of this regulation by the Director upon review of a Part 3 application:</text>
      <paragraph num="(a)">
        <text>That is filed by a business entity, may be allocated among the partners, members, or shareholders of the entity as may be agreed to by the partners, members, or shareholders; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a Competitive Commercial Tax Credit, may be transferred in whole or part by the Part 3 applicant to any one or more individuals or business entities as may be agreed to by the applicant and the individual or business entity.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The tax credit amount allocated or transferred under this section to an individual or business entity may be applied against the total tax otherwise payable by the individual or business entity for the taxable year during which the certified rehabilitation was completed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the tax credit amount allocated or transferred under this section to an individual or business entity exceeds the total tax payable by the individual or business entity:</text>
      <paragraph num="(a)">
        <text>The individual or business entity may claim a refund in the amount of the excess; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>As to the transferee of all or a portion of the Competitive Commercial Tax Credit, the transferee may transfer any amount not claimed as a refund to any other individual or business entity.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Any agreement concerning the allocation or transfer of a tax credit amount under this section shall be in writing and executed by all parties to the agreement.</text>
    </paragraph>
  </paragraph>
</regulation>