Code of Maryland Regulations
Title 24 - DEPARTMENT OF COMMERCE
Subtitle 05 - ECONOMIC DEVELOPMENT
Chapter 24.05.06 - Security Clearance Administrative Expenses and Construction and Equipment Costs Tax Credit
Section 24.05.06.08 - Mergers and Acquisitions
Universal Citation: MD Code Reg 24.05.06.08
Current through Register Vol. 51, No. 6, March 22, 2024
A. In determining the carryover of unused credits and the effect of a merger or acquisition, federal law shall be applied to the business entities as if they were separate business entities. Any provisions under federal law that would allow separate corporations that are merged or acquired to carry forward unused credits on the surviving corporation's returns shall apply to the carryover of this credit for State purposes.
B. Unused Credits.
(1) In a transaction involving an asset purchase, unused credits:
(a) Do not transfer from the business entity to the purchaser; and
(b) Remain with the business entity to whom the certification was issued.
(2) Unused credits may not be sold or purchased.
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