A. In General.
- (1) In this chapter, the following terms have the meanings indicated and as defined in the Act.
- (2) Any terms also appearing in the Internal Revenue Code have the meanings defined there as well.
B. Terms Defined.
- (1) “Act” means the Neighborhood and Community Assistance Program established in Housing and Community Development Article, Title 6, Subtitle 4, Annotated Code of Maryland.
- (2) “Approved project” means a project approved by the Department in accordance with Regulation .04 of this chapter.
(3) “Business entity” means a person that:
- (a) Conducts or operates a trade or business in the State; and
(b) Is subject to the:
- (i) State income tax on individuals or corporations,
- (ii) Financial institution franchise tax,
- (iii) Public service company franchise tax, or
- (iv) Insurance premiums tax.
- (4) “Contribution” means a donation by a business entity or an individual of money, goods, or real property of at least $500 in value to an approved project.
- (5) “Department” means the Department of Housing and Community Development, a principal department of the State.
- (6) “Designated neighborhood conservation area ”means a geographically defined area that has been designated a neighborhood conservation area under COMAR 05.17.03.
- (6-1) “Individual” has the meaning stated in Tax-General Article, §10-101, Annotated Code of Maryland.
- (7) “Individual of limited income” means an individual whose income does not exceed the upper income limits established by the Secretary under Housing and Community Development Article, §4-212, Annotated Code of Maryland.
- (8) “Internal Revenue Code” means the federal Internal Revenue Code of 1986 and the regulations promulgated under it.
- (9) “Nonprofit organization” means a not-for-profit corporation, foundation, or other legal entity that is exempt from federal income tax under §501(c)(3) of the Internal Revenue Code.
- (10) “Program” means the Community Investment Tax Credit Program.
- (11) “Priority funding area” has the meaning stated in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.
- (12) “Redevelopment assistance” means the expenditure of funds by nonprofit organizations for labor and materials used directly in the physical improvements of any part or all of a priority funding area.
- (13) “Secretary” means the Secretary of Housing and Community Development.
- (14) “State fiscal year” means July 1 through June 30.
(15) “Sustainable community” means the part of a priority funding area that:
- (a) Has been designated as a sustainable community in accordance with COMAR 05.17.02;
- (b) Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or
- (c) Has been designated as a transit-oriented development under Transportation Article, §7-101, Annotated Code of Maryland.
Authority: Housing and Community Development Article, Title 6, Subtitle 4, Annotated Code of Maryland
Effective date: January 13, 1997 (24:1 Md. R. 28)
Regulation .01 amended effective May 13, 2002 (29:9 Md. R. 744); January 1, 2010 (36:21 Md. R. 1590)
Regulation .02 amended effective May 13, 2002 (29:9 Md. R. 744)
Regulation .02B amended effective January 1, 2010 (36:21 Md. R. 1590)
Regulation .03B amended effective September 17, 2001 (28:18 Md. R. 1619); May 13, 2002 (29:9 Md. R. 744); December 20, 2004 (31:25 Md. R. 1790); January 1, 2007 (33:26 Md. R. 1995); January 1, 2010 (36:21 Md. R. 1590); September 1, 2014 (41:17 Md. R. 970)
Regulation .04B amended effective May 13, 2002 (29:9 Md. R. 744); December 20, 2004 (31:25 Md. R. 1790)
Regulation .05B amended effective May 13, 2002 (29:9 Md. R. 744); December 20, 2004 (31:25 Md. R. 1790); September 11, 2006 (33:18 Md. R. 1505); September 1, 2014 (41:17 Md. R. 970)
Regulation .06A amended effective September 17, 2001 (28:18 Md. R. 1619); May 13, 2002 (29:9 Md. R. 744); September 11, 2006 (33:18 Md. R. 1505)
Regulation .06B amended effective May 13, 2002 (29:9 Md. R. 744); January 1, 2010 (36:21 Md. R. 1590)
Regulation .06D amended effective September 1, 2014 (41:17 Md. R. 970)
Regulation .06F amended effective May 13, 2002 (29:9 Md. R. 744); September 1, 2014 (41:17 Md. R. 970)
Regulation .07 amended effective January 1, 2010 (36:21 Md. R. 1590)
Regulation .07A amended effective September 17, 2001 (28:18 Md. R. 1619); January 1, 2007 (33:26 Md. R. 1995)
Regulation .07D amended effective January 1, 2007 (33:26 Md. R. 1995)
Regulation .08 amended effective January 1, 2010 (36:21 Md. R. 1590)
Regulation .10 amended effective September 11, 2006 (33:18 Md. R. 1505)
Regulation .10A amended effective January 1, 2010 (36:21 Md. R. 1590)
Regulation .11 amended effective March 16, 2015 (42:5 Md. R. 485)
Regulation .13B amended effective January 1, 2010 (36:21 Md. R. 1590)