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Statutes Text

Article - Tax - General




§10–746.    IN EFFECT

    // EFFECTIVE UNTIL JUNE 30, 2023 PER CHAPTER 172 OF 2018 //

    (a)    In this section, “qualified expenses” means:

        (1)    expenses incurred to butcher and process an antlerless deer for human consumption; or

        (2)    for a taxable year beginning after December 31, 2020, but before January 1, 2023, expenses incurred to:

            (i)    hunt and harvest an antlerless deer in Montgomery County; and

            (ii)    transport a deer carcass or processed deer meat to the Montgomery County Deer Donation Program.

    (b)    Subject to the limitations of this section, an individual who hunts and harvests an antlerless deer may claim a credit against the State income tax for up to $50 of the qualified expenses incurred by the individual if:

        (1)    (i)    the hunting and harvesting of the deer complies with State hunting laws and regulations; and

            (ii)    the individual donates the processed deer meat to a venison donation program administered by an organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; or

        (2)    the individual:

            (i)    resides in Montgomery County;

            (ii)    signs an affidavit affirming that the individual hunted and harvested the deer in Montgomery County in compliance with State hunting laws and regulations; and

            (iii)    donates the deer carcass or processed deer meat to the Montgomery County Deer Donation Program.

    (c)    (1)    For any taxable year, the total amount of credits an individual may claim under this section may not exceed $200, unless the individual harvested each deer for which the credits are claimed in accordance with a deer management permit.

        (2)    The unused amount of the credit for any taxable year may not be carried over to any other taxable year.

    (d)    An individual who claims the credit under this section shall have the immunity from liability described under § 5–634 of the Courts and Judicial Proceedings Article for donated food.

    (e)    On or before January 31 each year, each venison donation program that accepts a donation under this section shall report to the Comptroller on the following for the immediately preceding taxable year:

        (1)    the name and home address of each donor who intended to claim the income tax credit under this section; and

        (2)    the number of deer donated by each donor who intended to claim the income tax credit under this section.



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