42.4.3004    RECAPTURE OF THE INFRASTRUCTURE USER FEE CREDIT

(1) If the board of investments determines that the loan to the local government has not met the conditions set forth in 17-6-309 , MCA, the credit for the infrastructure user fee shall be subject to recapture.

(2) The credit recaptured will be the credit claimed to date to offset the taxpayer's tax liability plus any applicable interest, pursuant to Title 15, chapters 30 and 31, MCA.

(3) Any credit previously eligible for the carry forward on a loan that the board of investments determines does not qualify will not be available for carry forward.

History: Sec. 15-1-201, MCA; IMP, Sec. 17-6-309 and 17-6-316, MCA; NEW, 1996 MAR p. 1178, Eff. 4/26/96; TRANS, from ARM 42.23.506, 2004 MAR p. 1965, Eff. 8/20/04.