(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(a).
No changes are made.
(b) Credit year.- "Credit year" means the taxable year in which a qualified business entity claims the credit allowed in accordance with § 6-304(a) of this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(d).
The phrase "in accordance with § 6-304(a) of" this subtitle is substituted for the former word "under" this subtitle for clarity.
No other changes are made. Defined Terms.
"Qualified business entity" § 6-301
(c) Qualified business entity.-
(1) "Qualified business entity" means a person conducting or operating a trade or business in the State that is certified in accordance with § 6-303 of this subtitle as qualifying for the tax credit under this subtitle.
(2) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified business entity":
(i) includes a person owning or operating the multi-use facility in which the entertainment, recreation, cultural, or tourism-related activities are operated; and
(ii) does not include any separate entity that leases retail space at the facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(f)(1)(iii) and (2).
In paragraph (1) of this subsection, the former reference to certification "by the Secretary" is deleted as implicit in the reference to "§ 6-303 of this subtitle". Defined Terms.
"Person" § 1-101
"State" § 1-101
(d) Qualified position.-
(1) "Qualified position" means a position that:
(i) is full-time and of indefinite duration;
(ii) pays at least 150% of the federal minimum wage;
(iii) is located in the State;
(iv) is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and
(v) is filled.
(2) "Qualified position" does not include a position that is:
(i) created when an employment function is shifted from an existing business facility of a business entity in the State to another business facility of the same business entity if the position is not a net new job in the State;
(ii) created through a change in ownership of a trade or business;
(iii) created through a consolidation, merger, or restructuring of a business entity if the position is not a net new job in the State;
(iv) created when an employment function is contractually shifted from an existing business entity to another business entity in the State if the position is not a net new job in the State; or
(v) filled for a period of less than 12 months.
(3) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified position" does not include any position other than a position engaged in:
(i) the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility; or
(ii) management, marketing, building maintenance, hotel services, or security for the multi-use facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(h).
In the introductory language of paragraph (3) of this subsection, the defined term "person" is substituted for the former phrase "business entity" for accuracy and consistency within this subtitle.
In paragraph (3)(i) of this subsection, the phrase "the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility" is substituted for the former phrase "[t]he operation of entertainment, recreation, cultural, or tourism-related activities for the multiuse facility in which the entertainment, recreation, cultural, or tourism-related activities are operated" for brevity. Defined Terms.
(1) an enterprise zone designated by the Secretary under § 5-704 of this article;
(2) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(3) an empowerment zone or enterprise community designated by the United States government under 26 U.S.C. §§ 1391 through 1397F; or
(4) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(i).
In item (2) of this subsection, the phrase "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
In item (3) of this subsection, the reference to an "enterprise community" is added for clarity, accuracy, and consistency with Title 5 of this article.
Also in item (3) of this subsection, the specific reference to §§ 1391 "through 1397F" is substituted for the former phrase "et seq." for clarity and accuracy.
In item (4) of this subsection, the cross-reference to HS § 6-301, which defines "designated neighborhood", is substituted for the former cross-reference to HS § 6-305. The definition of "designated neighborhood" contains the provisions of § 6-305. The substitution also makes item (4) of this subsection consistent with the provisions of former Art. 83A, § 5-1101(k)(2), revised in subsection (f) of this section. Defined Terms.
"Secretary" § 1-101
(f) State priority funding area.- "State priority funding area" means:
(1) a municipal corporation;
(2) Baltimore City;
(3) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article;
(4) an enterprise zone designated by the Secretary under § 5-704 of this article;
(5) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(6) those areas of the State located between Interstate Highway 495 and the District of Columbia;
(7) those areas of the State located between Interstate Highway 695 and Baltimore City;
(8) no more than one area in a county designated by the county as a priority funding area under § 5-7B-03(c) of the State Finance and Procurement Article; and
(9) that portion of the Port Land Use Development Zone, as defined in § 6-501 of the Transportation Article, that has been designated as an area appropriate for growth in a county comprehensive master plan.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(k).
In item (2) of this subsection, the specific reference to "Baltimore City" is added for clarity. The reference to an "incorporated municipality" in former Art. 83A, § 5-1101(k)(1) included both Baltimore City, which is governed under Md. Constitution, Arts. XI and XI-A, and a "municipal corporation" which is governed under the general municipal home rule provisions.
In item (4) of this subsection, the reference to designation "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
The Economic Development Article Review Committee notes, for the consideration of the General Assembly, that the areas included in the term "State priority funding area", defined in this subsection and derived from former Art. 83A, § 5-1101(k), differ slightly from those areas listed as priority funding areas under SF § 5-7B-02. In particular, the term defined in this subsection specifically includes a portion of the Port Land Use Development Zone, and limits to one the number of areas designated by a county under SF § 5-7B-03(c). Also, SF § 5-7B-02 specifically includes certain heritage areas under FI §§ 13-1101 and 13-1111, and excludes certain areas annexed by municipal corporations unless they satisfy certain requirements. The General Assembly may wish to consider whether it is appropriate to conform the State priority funding areas in which tax credits are available under this subtitle with the priority funding provisions of SF Title 5, Subtitle 7B. Defined Terms.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(a).
No changes are made.
(b) Credit year.- "Credit year" means the taxable year in which a qualified business entity claims the credit allowed in accordance with § 6-304(a) of this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(d).
The phrase "in accordance with § 6-304(a) of" this subtitle is substituted for the former word "under" this subtitle for clarity.
No other changes are made. Defined Terms.
"Qualified business entity" § 6-301
(c) Qualified business entity.-
(1) "Qualified business entity" means a person conducting or operating a trade or business in the State that is certified in accordance with § 6-303 of this subtitle as qualifying for the tax credit under this subtitle.
(2) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified business entity":
(i) includes a person owning or operating the multi-use facility in which the entertainment, recreation, cultural, or tourism-related activities are operated; and
(ii) does not include any separate entity that leases retail space at the facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(f)(1)(iii) and (2).
In paragraph (1) of this subsection, the former reference to certification "by the Secretary" is deleted as implicit in the reference to "§ 6-303 of this subtitle". Defined Terms.
"Person" § 1-101
"State" § 1-101
(d) Qualified position.-
(1) "Qualified position" means a position that:
(i) is full-time and of indefinite duration;
(ii) pays at least 150% of the federal minimum wage;
(iii) is located in the State;
(iv) is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and
(v) is filled.
(2) "Qualified position" does not include a position that is:
(i) created when an employment function is shifted from an existing business facility of a business entity in the State to another business facility of the same business entity if the position is not a net new job in the State;
(ii) created through a change in ownership of a trade or business;
(iii) created through a consolidation, merger, or restructuring of a business entity if the position is not a net new job in the State;
(iv) created when an employment function is contractually shifted from an existing business entity to another business entity in the State if the position is not a net new job in the State; or
(v) filled for a period of less than 12 months.
(3) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified position" does not include any position other than a position engaged in:
(i) the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility; or
(ii) management, marketing, building maintenance, hotel services, or security for the multi-use facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(h).
In the introductory language of paragraph (3) of this subsection, the defined term "person" is substituted for the former phrase "business entity" for accuracy and consistency within this subtitle.
In paragraph (3)(i) of this subsection, the phrase "the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility" is substituted for the former phrase "[t]he operation of entertainment, recreation, cultural, or tourism-related activities for the multiuse facility in which the entertainment, recreation, cultural, or tourism-related activities are operated" for brevity. Defined Terms.
(1) an enterprise zone designated by the Secretary under § 5-704 of this article;
(2) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(3) an empowerment zone or enterprise community designated by the United States government under 26 U.S.C. §§ 1391 through 1397F; or
(4) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(i).
In item (2) of this subsection, the phrase "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
In item (3) of this subsection, the reference to an "enterprise community" is added for clarity, accuracy, and consistency with Title 5 of this article.
Also in item (3) of this subsection, the specific reference to §§ 1391 "through 1397F" is substituted for the former phrase "et seq." for clarity and accuracy.
In item (4) of this subsection, the cross-reference to HS § 6-301, which defines "designated neighborhood", is substituted for the former cross-reference to HS § 6-305. The definition of "designated neighborhood" contains the provisions of § 6-305. The substitution also makes item (4) of this subsection consistent with the provisions of former Art. 83A, § 5-1101(k)(2), revised in subsection (f) of this section. Defined Terms.
"Secretary" § 1-101
(f) State priority funding area.- "State priority funding area" means:
(1) a municipal corporation;
(2) Baltimore City;
(3) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article;
(4) an enterprise zone designated by the Secretary under § 5-704 of this article;
(5) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(6) those areas of the State located between Interstate Highway 495 and the District of Columbia;
(7) those areas of the State located between Interstate Highway 695 and Baltimore City;
(8) no more than one area in a county designated by the county as a priority funding area under § 5-7B-03(c) of the State Finance and Procurement Article; and
(9) that portion of the Port Land Use Development Zone, as defined in § 6-501 of the Transportation Article, that has been designated as an area appropriate for growth in a county comprehensive master plan.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(k).
In item (2) of this subsection, the specific reference to "Baltimore City" is added for clarity. The reference to an "incorporated municipality" in former Art. 83A, § 5-1101(k)(1) included both Baltimore City, which is governed under Md. Constitution, Arts. XI and XI-A, and a "municipal corporation" which is governed under the general municipal home rule provisions.
In item (4) of this subsection, the reference to designation "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
The Economic Development Article Review Committee notes, for the consideration of the General Assembly, that the areas included in the term "State priority funding area", defined in this subsection and derived from former Art. 83A, § 5-1101(k), differ slightly from those areas listed as priority funding areas under SF § 5-7B-02. In particular, the term defined in this subsection specifically includes a portion of the Port Land Use Development Zone, and limits to one the number of areas designated by a county under SF § 5-7B-03(c). Also, SF § 5-7B-02 specifically includes certain heritage areas under FI §§ 13-1101 and 13-1111, and excludes certain areas annexed by municipal corporations unless they satisfy certain requirements. The General Assembly may wish to consider whether it is appropriate to conform the State priority funding areas in which tax credits are available under this subtitle with the priority funding provisions of SF Title 5, Subtitle 7B. Defined Terms.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(a).
No changes are made.
(b) Credit year.- "Credit year" means the taxable year in which a qualified business entity claims the credit allowed in accordance with § 6-304(a) of this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1101(d).
The phrase "in accordance with § 6-304(a) of" this subtitle is substituted for the former word "under" this subtitle for clarity.
No other changes are made. Defined Terms.
"Qualified business entity" § 6-301
(c) Qualified business entity.-
(1) "Qualified business entity" means a person conducting or operating a trade or business in the State that is certified in accordance with § 6-303 of this subtitle as qualifying for the tax credit under this subtitle.
(2) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified business entity":
(i) includes a person owning or operating the multi-use facility in which the entertainment, recreation, cultural, or tourism-related activities are operated; and
(ii) does not include any separate entity that leases retail space at the facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(f)(1)(iii) and (2).
In paragraph (1) of this subsection, the former reference to certification "by the Secretary" is deleted as implicit in the reference to "§ 6-303 of this subtitle". Defined Terms.
"Person" § 1-101
"State" § 1-101
(d) Qualified position.-
(1) "Qualified position" means a position that:
(i) is full-time and of indefinite duration;
(ii) pays at least 150% of the federal minimum wage;
(iii) is located in the State;
(iv) is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and
(v) is filled.
(2) "Qualified position" does not include a position that is:
(i) created when an employment function is shifted from an existing business facility of a business entity in the State to another business facility of the same business entity if the position is not a net new job in the State;
(ii) created through a change in ownership of a trade or business;
(iii) created through a consolidation, merger, or restructuring of a business entity if the position is not a net new job in the State;
(iv) created when an employment function is contractually shifted from an existing business entity to another business entity in the State if the position is not a net new job in the State; or
(v) filled for a period of less than 12 months.
(3) For a person engaged in a business activity described in § 6-303(b)(2)(xiii) of this subtitle, "qualified position" does not include any position other than a position engaged in:
(i) the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility; or
(ii) management, marketing, building maintenance, hotel services, or security for the multi-use facility.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(h).
In the introductory language of paragraph (3) of this subsection, the defined term "person" is substituted for the former phrase "business entity" for accuracy and consistency within this subtitle.
In paragraph (3)(i) of this subsection, the phrase "the operation of entertainment, recreation, cultural, or tourism-related activities within the multi-use facility" is substituted for the former phrase "[t]he operation of entertainment, recreation, cultural, or tourism-related activities for the multiuse facility in which the entertainment, recreation, cultural, or tourism-related activities are operated" for brevity. Defined Terms.
(1) an enterprise zone designated by the Secretary under § 5-704 of this article;
(2) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(3) an empowerment zone or enterprise community designated by the United States government under 26 U.S.C. §§ 1391 through 1397F; or
(4) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(i).
In item (2) of this subsection, the phrase "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
In item (3) of this subsection, the reference to an "enterprise community" is added for clarity, accuracy, and consistency with Title 5 of this article.
Also in item (3) of this subsection, the specific reference to §§ 1391 "through 1397F" is substituted for the former phrase "et seq." for clarity and accuracy.
In item (4) of this subsection, the cross-reference to HS § 6-301, which defines "designated neighborhood", is substituted for the former cross-reference to HS § 6-305. The definition of "designated neighborhood" contains the provisions of § 6-305. The substitution also makes item (4) of this subsection consistent with the provisions of former Art. 83A, § 5-1101(k)(2), revised in subsection (f) of this section. Defined Terms.
"Secretary" § 1-101
(f) State priority funding area.- "State priority funding area" means:
(1) a municipal corporation;
(2) Baltimore City;
(3) a designated neighborhood, as defined in § 6-301 of the Housing and Community Development Article;
(4) an enterprise zone designated by the Secretary under § 5-704 of this article;
(5) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;
(6) those areas of the State located between Interstate Highway 495 and the District of Columbia;
(7) those areas of the State located between Interstate Highway 695 and Baltimore City;
(8) no more than one area in a county designated by the county as a priority funding area under § 5-7B-03(c) of the State Finance and Procurement Article; and
(9) that portion of the Port Land Use Development Zone, as defined in § 6-501 of the Transportation Article, that has been designated as an area appropriate for growth in a county comprehensive master plan.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1101(k).
In item (2) of this subsection, the specific reference to "Baltimore City" is added for clarity. The reference to an "incorporated municipality" in former Art. 83A, § 5-1101(k)(1) included both Baltimore City, which is governed under Md. Constitution, Arts. XI and XI-A, and a "municipal corporation" which is governed under the general municipal home rule provisions.
In item (4) of this subsection, the reference to designation "under 42 U.S.C. §§ 11501 through 11505" is added for clarity and consistency within this article.
The Economic Development Article Review Committee notes, for the consideration of the General Assembly, that the areas included in the term "State priority funding area", defined in this subsection and derived from former Art. 83A, § 5-1101(k), differ slightly from those areas listed as priority funding areas under SF § 5-7B-02. In particular, the term defined in this subsection specifically includes a portion of the Port Land Use Development Zone, and limits to one the number of areas designated by a county under SF § 5-7B-03(c). Also, SF § 5-7B-02 specifically includes certain heritage areas under FI §§ 13-1101 and 13-1111, and excludes certain areas annexed by municipal corporations unless they satisfy certain requirements. The General Assembly may wish to consider whether it is appropriate to conform the State priority funding areas in which tax credits are available under this subtitle with the priority funding provisions of SF Title 5, Subtitle 7B. Defined Terms.
