Md. R. 44:20 17-238-P17-238/EEMERGENCY ACTION EFFECTIVE 9/8/2017—1/3/2018

15.01.12.04

.04 Tax Credit Certificate Administrator.

A. General Requirements.

(1) Unless certified by the Secretary, a person or organization may not act as a TCCA. A certified TCCA shall agree in writing with the Secretary to comply with requirements of this chapter.

(2) A TCCA certified by the Secretary, that receives a donation of an eligible food donation from a qualified farm shall issue the qualified farm a tax credit certificate (the Secretary in consultation with the comptroller are required to prepare tax certificate forms) that provides the following information:

(a) The date of donation;

(b) The identity of the qualified farm;

(c) The type of donation;

(d) The weight of the donation;

(e) The value of the donation;

(f) The maximum amount of the tax credit for which the qualified farm is eligible; and

(g) Any other information the State Department of Agriculture or Comptroller requires.

(3) Within 30 calendar days after issuing a tax credit certificate, the certified TCCA shall provide a copy of the tax credit certificate to the Secretary and the Comptroller.

(4) When notified by the Secretary, the TCCA shall stop issuing tax credit certificates as required by Tax-General Article, §10-741(e)(6), Annotated Code of Maryland.

(5) After the Secretary notifies each TCCA to stop issuing tax credit certificates when the total amount of the tax credit certificates issued during the fiscal year equals or exceeds $200,000, the Secretary may authorize the issuance of any remaining credits as provided in Tax-General Article, §10-741(e)(6) and (f), Annotated Code of Maryland.

B. Tax Credit Value. The TCCA shall determine the value of the tax credit as follows:

(1) A qualified farm that makes eligible food donations is eligible for a tax credit certificate with a stated tax credit amount equal to 50 percent of the value of eligible food donation.

(2) A qualified farm that makes a donation of certified organic produce is eligible for a tax credit certificate with a stated tax credit amount equal to 75 percent of the value of the donated certified organic produce.

(3) The TCCA shall determine the value of any eligible food donations based on the Secretary’s weekly published categories and values of certified organic produce and food donations as required by Tax-General Article, §10-741(d), Annotated Code of Maryland.

C. Record Requirement.

(1) The TCCA shall maintain any records relating to the issuance of any tax credit certificate to any qualified farm.

(2) Any record shall be maintained for 3 years and shall be available to the Secretary or the Comptroller upon request.

D. Conflicts of Interest. A TCCA may not issue a tax credit certificate to any person who owns or operates a qualified farm if the TCCA has a business interest or is a family member of the owner or operator in the farm.