§6–305.

    (a)    The provisions of this section do not apply to a tax credit claimed by a small business under § 6–303(b)(2) of this subtitle.

    (b)    If, during any of the 3 years after the credit year, the number of qualified positions of the qualified business entity falls more than 5% below the average number of qualified positions that existed during the credit year on which the credit was computed, the credit shall be recaptured as follows:

        (1)    the credit shall be recomputed and reduced by the percentage reduction of the number of qualified employees;

        (2)    the recomputed credit shall be subtracted from the amount of credit previously allowed; and

        (3)    the qualified business entity shall pay the difference as taxes payable to the State for the taxable year in which the number of qualified positions falls more than 5% below the average number of qualified positions during the credit year.

    (c)    If, during any of the 3 years after the credit year, the average number of qualified positions falls below the applicable threshold number of positions required under § 6–303(b)(1) of this subtitle, all credits earned shall be recaptured.

    (d)    During the 3 taxable years after the credit year, a qualified business entity shall provide any information required by the Department in regulation to verify that the qualified business entity is not subject to subsection (b) or (c) of this section.