(a) In this subtitle the following words have the meanings indicated. (b) "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. (c) (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)(1)(ii)13 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. (d) (1) "Qualified position" means: (i) if the position is filled before October 1, 2021, a position that: 1. is full-time and of indefinite duration; 2. pays at least 120% of the State minimum wage; 3. is located in the State; 4. is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and 5. is filled; and (ii) if the position is filled on or after October 1, 2021, a position that: 1. is full-time and of indefinite duration; 2. pays at least: A. for an employee classification for which there is a prevailing wage rate, as defined under § 17-201 of the State Finance and Procurement Article, the prevailing wage; or B. for any other employee classification, 150% of the State minimum wage; 3. is located in the State; 4. provides career advancement training; 5. affords the employee the right to collectively bargain for wages and benefits; 6. provides paid leave; 7. is considered covered employment for purposes of unemployment insurance benefits in accordance with Title 8 of the Labor and Employment Article; 8. entitles the employee to workers' compensation benefits in accordance with Title 9 of the Labor and Employment Article; 9. offers employer-provided health insurance benefits with monthly premiums that do not exceed 8.5% of the employee's net monthly earnings; 10. offers retirement benefits; 11. is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and 12. 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)(1)(ii)13 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. (e) "Qualified veteran employee" means an individual who: (1) is honorably discharged or released under honorable circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101; and (2) is a qualified veteran as defined under § 51(d)(3)(A) of the Internal Revenue Code for purposes of the federal Work Opportunity Tax Credit. (f) "Revitalization area" means: (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; (4) a sustainable community, as defined in § 6-301 of the Housing and Community Development Article; or (5) a Tier I county. (g) "Small business" means an individual, a partnership, a limited partnership, a limited liability partnership, a limited liability company, or a corporation that employs 50 or fewer total full-time employees. (h) "State priority funding area" means: (1) a municipal corporation; (2) Baltimore City; (3) a sustainable community, 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) any 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; (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; and (10) a qualified opportunity zone designated under § 1400Z-1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.
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