42.4.404    DEDUCTIONS NOT ALLOWED WHEN CREDIT CLAIMED

(1) Except as provided in (2), a taxpayer may not claim a deduction for any item for which a credit is claimed.

(2) The total amount of wages and salaries paid may be claimed as a deduction by a taxpayer who, in determining federal AGI, has reduced the taxpayer's business deductions by the amount of wages and salaries for which a federal work opportunity tax credit was elected under sections 38 and 51(a) of the IRC.

History: 15-30-2620, MCA; IMP, 15-30-2110, MCA; Eff. 12/31/72; AMD and TRANS, from ARM 42.15.422, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2010 MAR p. 1211, Eff. 5/14/10.