In addition to the standards and requirements set out in M.G.L. c. 40V, § 5, c. 62, § 6(q) and
- c. 63, § 38BB, HDTC shall be awarded and administered as follows.
- (1) Eligible Projects. Only projects that have received a Conditional Certification pursuant to 760 CMR 66.05(2) and are located in a HD Zone for which the Department's approval of the applicable HD Agreement has not been suspended or revoked are eligible for an award of HDTC.
(2) Prerequisites to Claiming Credit.
- (a) Project Requirement. HDTC may not be claimed by any taxpayer until the Department has issued a Final Certification for the HD Project.
(b) Taxpayer Requirements. In order to claim the credit, a taxpayer must provide to the Commissioner the following:
- 1. Eligibility Statement as provided in 760 CMR 66.07(3);
- 2. Allotment Certification, if applicable, as provided in 760 CMR 66.07(4);
- 3. Transfer Statement, if applicable, in accordance with the requirements of the Commissioner; and
- 4. Massachusetts Carry Forward Agreement, if applicable, in accordance with the requirements of the Commissioner.
- (3) Eligibility Statement. The Department shall adopt a form to be issued by the Department that evidences a HD Project's eligibility for HDTC. Each taxpayer claiming any HDTC shall file a copy of the Eligibility Statement with each Massachusetts tax return on which any HDTC is claimed.
- (4) Allotment of Credit among Partners, Etc. Whenever a HD Project with respect to which HDTC has been awarded is owned by an unincorporated flow-through entity, such as a partnership, limited liability company or joint venture, or is owned through a joint tenancy or similar ownership arrangement, the owners of such project shall certify to the Commissioner the amount of HDTC allotted to each member, partner or owner on a form designated by the Commissioner.
- (5) Application Process and Administrative Fees. The HDTC application process and administrative procedures and fees shall be established from time to time by the Department in the HDIP Guidelines.