Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.12 - Food Donation Program › Section 15.01.12.04 - Tax Credit Certificate Administrator

Current through Register Vol. 51, No. 14, July 12, 2024
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 an eligible food donation from a qualified farm
				shall issue the qualified farm a tax credit certificate (the Secretary, in
				consultation with the Comptroller, is 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,
				§10-745(e)(6)(i) 1, Annotated Code of Maryland.
(5) Procedures for Issuing a Fiscal Year's
				Remaining Tax Credit Certificates.
(a) 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 $50,000, the Secretary may authorize the issuance of any
				remaining credits as provided in this regulation.
(b) Within 20 days from receipt of the
				Secretary's notification, a TCCA may request written permission from the
				Secretary to issue additional tax credit certificates during the current fiscal
				year, specifying the dollar amount in additional tax credits it seeks to issue
				and the basis for that request (e.g., to support its request, the TCCA may be
				requested by MDA to provide information indicating the amount of food donations
				by type that it has received and is likely to receive from qualified farms
				during the current fiscal year, and other such records showing that its request
				is reasonable).
(c) The Secretary
				shall review each timely request from a TCCA in conjunction with other timely
				requests and assess whether the basis for the request is reasonable.
(d) If the total dollar amount of the
				requests received from all TCCAs does not exceed $50,000, the Secretary may
				permit each TCCA to issue tax credits up to the amount specified in its request
				and will notify each TCCA of its determination in writing.
(e) If the total dollar amount of the
				requests received from all TCCAs exceeds $50,000, the Secretary shall strive to
				distribute the additional tax credits to each TCCA for food donations from
				qualified farms in a fair and equitable manner.
(f) If a TCCA recognizes that it will be
				unable to issue the tax credits that the Secretary has authorized under either
				§A(5)(d) or (e) of this regulation, it shall immediately notify the
				Secretary who will strive to distribute these certificates in a fair and
				equitable manner to those TCCAs still in need of additional tax
				credits.