24.21.701    EMPLOYER APPRENTICESHIP TAX CREDIT

(1) An employer may submit an application to the department to claim the apprenticeship tax credit after an apprentice has completed the state apprenticeship and training program's probationary period or after the apprentice has worked for six months, whichever is earlier. An application must be for an active apprentice registered with the state apprenticeship and training program.

(2) The department may approve the credit for an apprentice for a total of up to five years, upon verification by the state apprenticeship and training program that the apprentice has timely progressed towards completion of the requirements called for in the apprenticeship agreement.

(3) If an apprentice works for more than one employer in a calendar year, the primary employer will be approved for the credit. A primary employer is the employer who has provided at least 51 percent of the registered program's training hours for that apprentice or has paid the majority of wages to the apprentice during their apprenticeship period.

(4) Any employer claiming the tax credit for a veteran apprentice shall obtain and keep a record of documentary proof that the apprentice is a veteran. The employer is responsible for obtaining that proof. The employer shall represent to the department whether an apprentice is a veteran for purposes of applying for the credit.

(5) The department will issue letters of approval or denial of the tax credit to the employer in the month of December. The department will forward a list of all approved credits to the Department of Revenue, including information on which employers are entitled to a credit for employment of a veteran.

 

History: 39-6-101, 39-6-109, MCA; IMP, 39-6-109, MCA; NEW, 2018 MAR p. 639, Eff. 3/31/18.