Md. Code Regs. 24.05.27.12

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.27.12 - Sales and Use Tax Refund

A. A qualified business entity may apply to claim the refund of sales and use tax paid during the immediately preceding calendar year for a sale of qualified personal property or services purchased solely for use at the eligible project.

B. Limitations.

(1) A qualified business entity shall be enrolled in the Program under Regulation .06 of this chapter to be eligible for a refund of sales and use tax paid for any benefit year.

(2) A qualified business entity shall continue to operate the eligible project for the calendar year in which the sales and use tax was paid.

(3) The purchase of qualified personal property and services was made on or after January 1, 2018.

(4) A qualified business entity may submit an application for refund on or after January 1 of the calendar year immediately following the purchase of the qualified personal property or services.

(5) The Department may not issue sales and use tax refunds in amounts in the aggregate totaling more than $1,000,000 in a fiscal year.

C. Application for Refund.

(1) The application for refund shall contain the following information:

(a) A description of property or service purchased;

(b) The date of sale;

(c) The amount of sale;

(d) The amount of sales and use tax paid;

(e) The name of the persons or entities to whom the sales and use tax was paid;

(f) Copies of invoices and payment evidencing the sale or purchase;

(g) A statement allowing the Department to have access to any information provided to the Comptroller or another appropriate agency by a qualified business entity in connection with eligibility for refund allowed under this regulation; and

(h) Any other information that the Department requires.

(2) To the extent that funds are available in the Sales and Use Tax Reserve Fund, the Department shall issue a refund in an amount equal to the amount claimed by the qualified business entity under §C(1) of this regulation and approved by the Department.

D. The Comptroller retains its audit authority under the Tax-General Article, Annotated Code of Maryland.

E. Carryover. If the aggregate amount of sales and use tax refunds issued in a fiscal year totals less than the maximum provided under §B(5) of this regulation, the Department shall transfer the excess amount to the More Jobs for Marylanders Tax Credit Reserve Fund established under Tax-General Article, § 10 "741, Annotated Code of Maryland.

Md. Code Regs. 24.05.27.12

Regulations .12 adopted effective 49:7 Md. R.469, eff. 4/4/2022