Rule Chapter: 42.4
	Chapter Title: TAX CREDITS

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	42.4 : TAX CREDITS

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Rule No. Rule Title Latest Version Effective Date Subchapter 1 Individual - Tax Credits for Alternative Energy Systems 42.4.101 DETERMINATION OF APPROPRIATE SYSTEMS REP 12/22/2000 42.4.102 INCOME TAX CREDIT FOR NONFOSSIL ENERGY GENERATION SYSTEM REP 12/22/2000 42.4.103 PROPERTY TAX EXEMPTION FOR NONFOSSIL ENERGY SYSTEM TRANS 8/20/2004 42.4.104 ENERGY GENERATING SYSTEMS 9/19/2014 42.4.105 STANDARD COMPONENTS AND PASSIVE SOLAR SYSTEMS 6/11/2010 42.4.106 OTHER ENERGY GENERATING SYSTEMS REP 6/11/2010 42.4.107 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – QUALIFICATION AND PUBLICATION TRANS 8/20/2004 42.4.108 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – REPORTING TRANS 8/20/2004 42.4.109 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – VERIFICATION TRANS 8/20/2004 42.4.110 DEFINITIONS 6/11/2010 42.4.111 ALTERNATE RENEWABLE ENERGY GENERATION FACILITIES EXEMPTION - LESS THAN ONE MEGAWATT TRANS 8/20/2004 42.4.112 APPEAL RIGHTS TRANS 8/20/2004 42.4.113 COMMERCIAL USE FOR INCOME TAX TRANS 8/20/2004 42.4.114 PROPERTY TAX EXEMPTION - NONCOMMERCIAL ELECTRICAL GENERATION MACHINERY AND EQUIPMENT TRANS 8/20/2004 42.4.115 WIND ENERGY TAX CREDITS FOR GENERATION FACILITIES LOCATED IN EXTERIOR BOUNDARIES OF A MONTANA INDIAN RESERVATION - TRIBAL EMPLOYMENT AGREEMENT TRANS 8/20/2004 42.4.116 WIND ENERGY TAX CREDITS FOR GENERATION FACILITIES LOCATED ON SCHOOL TRUST LAND TRANS 8/20/2004 42.4.117 DEDUCTIBILITY OF IMPACT FEE FOR LOCAL GOVERNMENT AND SCHOOL DISTRICTS TRANS 8/20/2004 42.4.118 MULTIPLE INVESTORS CLAIMING THE ALTERNATIVE ENERGY SYSTEM 6/11/2010 42.4.119 RECORDS REQUIRED - AUDIT TRANS 8/20/2004 42.4.120 REQUEST FOR INFORMATION TRANS 8/20/2004 42.4.121 INDIVIDUAL ENERGY-RELATED TAX BENEFITS REP 5/28/2022 Rules 42.4.122 through 42.4.129 reserved 42.4.130 DEDUCTION OR CREDIT FOR INVESTMENT FOR ENERGY CONSERVATION TRANS 8/20/2004 42.4.131 DETERMINATION OF CAPITAL INVESTMENT FOR ENERGY CONSERVATION TRANS 8/20/2004 Subchapter 2 Individual - Energy Conservation Installation Credit 42.4.201 DEFINITIONS REP 5/28/2022 42.4.202 INDIVIDUAL INCOME TAX CREDIT FOR ENERGY CONSERVING EXPENDITURES REP 5/28/2022 42.4.203 CREDIT FOR ENERGY CONSERVATION INVESTMENT REP 5/28/2022 42.4.204 CAPITAL INVESTMENTS FOR QUALIFYING ENERGY CONSERVATION CREDIT REP 5/28/2022 42.4.205 TAX YEAR FOR CLAIMING THE ENERGY CONSERVATION CREDIT AND MULTIPLE UNITS OR INVESTORS REP 5/28/2022 42.4.206 NEW CONSTRUCTION STANDARDS REP 5/28/2022 42.4.207 RECORD RETENTION REQUIREMENTS REP 5/28/2022 42.4.208 ANNUAL UPDATE OF CAPITAL INVESTMENTS QUALIFYING FOR THE ENERGY CONSERVATION CREDIT REP 5/28/2022 42.4.209 STANDARDS AND RATINGS REP 5/28/2022 Subchapter 3 Individual - Residential Property Tax Credit for the Elderly 42.4.301 DEFINITIONS 11/10/2017 42.4.302 COMPUTATION OF ELDERLY HOMEOWNER/RENTER TAX CREDIT 11/10/2017 42.4.303 CLAIMING AN ELDERLY HOMEOWNER/RENTER TAX CREDIT 2/15/2013 Subchapter 4 Individual - Credit Allowed Resident Taxpayers for Income Taxes Imposed by Foreign States and Countries 42.4.401 DEFINITIONS 5/14/2010 42.4.402 CREDIT FOR INCOME TAXES PAID TO ANOTHER STATE OR COUNTRY 2/15/2013 42.4.403 COMPUTATION OF CREDIT FOR TAX PAID TO ANOTHER STATE OR COUNTRY 11/10/2017 42.4.404 DEDUCTIONS NOT ALLOWED WHEN CREDIT CLAIMED 5/14/2010 Subchapter 5 Individual - Capital Gain Credit 42.4.501 DEFINITIONS 5/14/2010 42.4.502 CAPITAL GAIN CREDIT 11/10/2017 Subchapter 6 Individual - Rural Physician's Credit 42.4.601 DEFINITIONS REP 11/10/2017 42.4.602 RURAL PHYSICIAN'S CREDIT -- QUALIFICATIONS -- LIMITATIONS REP 11/10/2017 42.4.603 RURAL PHYSICIAN'S CREDIT - REPAYMENT REP 11/10/2017 Subchapter 7 Property Tax Credit Under 15-30-2336, MCA 42.4.702 QUALIFYING FOR THE PROPERTY TAX CREDIT UNDER 15-30-2336, MCA REP 11/10/2017 42.4.703 CALCULATION OF THE REFUNDABLE INDIVIDUAL INCOME TAX CREDIT UNDER 15-30-2336, MCA REP 11/10/2017 Subchapter 8 Education Donation Credits 42.4.801 DEFINITIONS 1/1/2022 42.4.802 QUALIFIED EDUCATION PROVIDER REP 1/30/2021 42.4.803 SCHOOL DISTRICT AND STUDENT SCHOLARSHIP ORGANIZATION (SSO) REQUIREMENTS AND PREAPPROVAL PROCESS 1/1/2022 42.4.804 CREDIT LIMITATIONS AND CLAIMS 1/1/2022 Subchapter 9 Reserved Subchapter 10 Reserved Subchapter 11 Reserved Subchapter 12 Corporation - General 42.4.1202 APPLICATION OF CREDITS AGAINST CORPORATE INCOME TAX LIABILITY 5/28/2022 Subchapter 13 Reserved Subchapter 14 Reserved Subchapter 15 Reserved Subchapter 16 Corporation - New and Expanded Industry Credit 42.4.1601 DEFINITIONS REP 1/29/2022 42.4.1602 CREDIT FOR NEW OR EXPANDING CORPORATIONS REP 1/29/2022 42.4.1603 PERIOD OF ELIGIBILITY REP 1/29/2022 42.4.1604 MANUFACTURING REP 1/29/2022 42.4.1605 NEW CORPORATION REP 1/29/2022 42.4.1606 EXPANDING CORPORATION REP 1/29/2022 42.4.1607 COMPLIANCE WITH CERTAIN STATUTES REQUIRED REP 1/29/2022 42.4.1608 SUBMISSION OF EMPLOYEE LISTS REP 1/29/2022 42.4.1609 DETERMINATION OF NEW JOBS REP 1/29/2022 42.4.1610 DETERMINATION OF WAGES REP 1/29/2022 42.4.1611 AVAILABILITY OF TAX CREDIT REP 1/29/2022 42.4.1612 WHEN CREDIT MAY BE CLAIMED REP 1/29/2022 Subchapter 17 Individual and Corporation - Emergency Lodging 42.4.1702 CREDIT FOR EMERGENCY LODGING REP 5/28/2022 Subchapter 18 Reserved Subchapter 19 Reserved Subchapter 20 Reserved Subchapter 21 Reserved Subchapter 22 Individual and Corporation - Employer ApprenticeshipTax Credit 42.4.2202 EMPLOYER APPRENTICESHIP TAX CREDIT 1/1/2018 Subchapter 23 Individual and Corporation - Unlocking Public Lands Tax Credit 42.4.2301 DEFINITIONS 11/10/2017 42.4.2302 CLAIMING THE UNLOCKING PUBLIC LANDS TAX CREDIT 11/10/2017 42.4.2303 ALLOCATION OF CREDIT FOR ACCESS THROUGH LAND WITH MULTIPLE OWNERS AND LAND OWNED BY PASS-THROUGH ENTITIES 11/10/2017 Subchapter 24 Individual and Corporation - Health Insurance Credits 42.4.2402 INSURE MONTANA REFUNDABLE CREDIT REP 11/10/2017 42.4.2403 REDUCTION OF DEDUCTIONS ALLOWED FOR INSURANCE CLAIMS REP 11/10/2017 42.4.2404 COORDINATION WITH OTHER HEALTH INSURANCE CREDITS REP 11/10/2017 Subchapter 25 Individual and Corporation - Biodiesel and Biolubricant Tax Credit 42.4.2501 DEFINITIONS REP 11/10/2017 42.4.2502 CARRYOVER AND RECAPTURE OF OILSEED CRUSH FACILITY TAX CREDIT REP 11/10/2017 42.4.2503 CARRYOVER AND RECAPTURE OF BIODIESEL OR BIOLUBRICANT PRODUCTION FACILITY TAX CREDIT REP 11/10/2017 42.4.2504 CARRYOVER AND RECAPTURE OF BIODIESEL BLENDING AND STORAGE TAX CREDIT 5/14/2010 Subchapter 26 Individual and Corporation - Recycle Credit Against Individual and Corporate Income Taxes 42.4.2601 DEFINITIONS 5/14/2010 42.4.2602 ADDITIONAL DEDUCTION FOR PURCHASE OF RECYCLED MATERIAL 9/19/2014 Rule 42.4.2603 reserved 42.4.2604 CREDIT FOR INVESTMENTS IN DEPRECIABLE EQUIPMENT OR MACHINERY TO COLLECT, PROCESS, OR MANUFACTURE A PRODUCT FROM RECLAIMED MATERIAL, OR PROCESS SOILS CONTAMINATED BY HAZARDOUS WASTES 8/20/2004 42.4.2605 PERIOD COVERED FOR THE RECLAMATION AND RECYCLING CREDIT 5/14/2010 Subchapter 27 Individual and Corporation - Qualified Endowment 42.4.2701 DEFINITIONS 9/5/2014 Rule 42.4.2702 reserved 42.4.2703 ELIGIBILITY REQUIREMENTS TO HOLD A QUALIFIED ENDOWMENT 9/5/2014 42.4.2704 TAX CREDIT AND DEDUCTION LIMITATIONS 11/10/2017 42.4.2705 CREATING A PERMANENT IRREVOCABLE FUND 5/14/2010 42.4.2706 REPORTING REQUIREMENTS 2/15/2013 42.4.2707 QUALIFIED ENDOWMENT CREDIT FOR CORPORATIONS REP 2/15/2013 42.4.2708 DETERMINING PRESENT VALUE FOR THE ENDOWMENT CREDIT 9/5/2014 Subchapter 28 Individual and Corporation - Employee Disability Health Insurance 42.4.2801 DEFINITIONS REP 5/28/2022 42.4.2802 HEALTH INSURANCE FOR UNINSURED MONTANANS CREDIT REP 5/28/2022 42.4.2803 DETERMINING NUMBER OF EMPLOYEES REP 5/28/2022 Subchapter 29 Individual and Corporation - Historic Property Preservation Rule 42.4.2901 reserved 42.4.2902 COMPUTATION OF THE TAX CREDIT FOR THE PRESERVATION OF HISTORIC PROPERTIES 12/25/2015 42.4.2903 COMPUTATION OF TAX CREDIT FOR PRESERVATION OF HISTORIC PROPERTY FOR MARRIED TAXPAYERS 5/14/2010 42.4.2904 OWNERSHIP OF HISTORIC PROPERTY 12/25/2015 42.4.2905 CLAIMING THE HISTORIC PRESERVATION CREDIT 12/25/2015 Subchapter 30 Individual and Corporation - Infrastructure Users Fee Rule 42.4.3001 reserved 42.4.3002 WHO MAY CLAIM THE INFRASTRUCTURE USER FEE CREDIT 8/20/2004 42.4.3003 CLAIMING THE INFRASTRUCTURE USER FEE CREDIT 2/15/2013 42.4.3004 RECAPTURE OF THE INFRASTRUCTURE USER FEE CREDIT 8/20/2004 Subchapter 31 Individual and Corporation - Contractor Gross Receipt Rule 42.4.3101 reserved 42.4.3102 CREDIT FOR CONTRACTOR'S GROSS RECEIPTS TAX - INDIVIDUAL INCOME TAX 5/14/2010 42.4.3103 CREDIT FOR CONTRACTOR'S GROSS RECEIPTS TAX - CORPORATION INCOME TAX 9/19/2014 Subchapter 32 Individual and Corporation - Qualified Research Credit Rule 42.4.3201 reserved 42.4.3202 CREDIT FOR INCREASING RESEARCH ACTIVITIES 2/15/2013 42.4.3203 INFORMATION REQUIRED OF A MULTISTATE BUSINESS CLAIMING A CREDIT FOR INCREASING RESEARCH ACTIVITIES 1/28/2005 Subchapter 33 Individual and Corporation - Movie and Television Industry and Related Media - Tax Credit 42.4.3301 DEFINITIONS REP 11/10/2017 42.4.3302 STATE CERTIFICATION REP 11/10/2017 42.4.3303 SUBMISSION OF COSTS AND APPLICATION FOR TAX CREDIT REP 11/10/2017 42.4.3304 CERTIFICATION FOR EMPLOYMENT PRODUCTION TAX CREDIT REP 11/10/2017 42.4.3305 QUALIFIED EXPENDITURES REP 11/10/2017 42.4.3306 PENALTY AND INTEREST REP 11/10/2017 Subchapter 34 Montana Economic Development Industry Advancement Act (MEDIAA) Tax Credits 42.4.3401 DEFINITIONS 8/29/2020 42.4.3402 MEDIA PRODUCTION TAX CREDITS - DETERMINATION OF CREDIT BASE 8/29/2020 42.4.3403 REQUIRED INCOME TAX WITHHOLDING ON COMPENSATION PAID TO A LOAN-OUT COMPANY 8/29/2020 42.4.3406 BASE INVESTMENT REQUIREMENT; ELECTION TO COMBINE NONQUALIFYING PRODUCTIONS 8/29/2020 42.4.3407 TAX CREDIT FOR POSTPRODUCTION WAGES – CREDIT BASE 8/29/2020 42.4.3408 CREDIT YEAR 8/29/2020 42.4.3411 MEDIA PRODUCTION TAX CREDIT APPLICATION 8/29/2020 42.4.3412 POSTPRODUCTION TAX CREDIT APPLICATION 8/29/2020 42.4.3413 CERTIFIED PUBLIC ACCOUNTANT VERIFICATION REPORT 8/29/2020 42.4.3414 OVERALL CALENDAR YEAR LIMITATION 8/29/2020 42.4.3417 VALIDATION OF TAX CREDIT - APPEAL RIGHTS 8/29/2020 42.4.3418 CLAIM OF TAX CREDITS ON AN INCOME TAX RETURN 8/29/2020 42.4.3419 CARRYOVER PERIOD 8/29/2020 42.4.3420 TRANSFER OF PRODUCTION TAX CREDIT 8/29/2020 Subchapter 35 Reserved Subchapter 36 Reserved Subchapter 37 Reserved Subchapter 38 Reserved Subchapter 39 Reserved Subchapter 40 Reserved Subchapter 41 Alternative Energy Production - Income and Property Tax Incentives for Individuals and Corporations 42.4.4101 ALTERNATIVE ENERGY PRODUCTION CREDIT DEFINITIONS 6/11/2010 42.4.4102 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – QUALIFICATION AND PUBLICATION REP 6/11/2010 42.4.4103 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – REPORTING REP 6/11/2010 42.4.4104 ELECTRICAL GENERATION AND TRANSMISSION FACILITY – VERIFICATION REP 6/11/2010 42.4.4105 ALTERNATE RENEWABLE ENERGY GENERATION FACILITIES PROPERTY TAX EXEMPTION - LESS THAN ONE MEGAWATT 6/11/2010 42.4.4106 APPEAL RIGHTS 2/15/2013 42.4.4107 COMMERCIAL USE AND OTHER REQUIREMENTS FOR COMMERCIAL AND NET METERING SYSTEMS ELIGIBLE FOR THE INCOME TAX CREDIT 9/19/2014 42.4.4108 PROPERTY TAX EXEMPTION - NONCOMMERCIAL ELECTRICAL GENERATION MACHINERY AND EQUIPMENT 6/11/2010 42.4.4109 ALTERNATIVE ENERGY INCOME TAX CREDITS FOR GENERATION FACILITIES LOCATED WITHIN EXTERIOR BOUNDARIES OF A MONTANA INDIAN RESERVATION - TRIBAL EMPLOYMENT AGREEMENT 6/11/2010 42.4.4110 WIND ENERGY TAX CREDITS FOR GENERATION FACILITIES LOCATED ON SCHOOL TRUST LAND REP 2/10/2006 42.4.4111 DEDUCTIBILITY OF IMPACT FEE FOR LOCAL GOVERNMENT AND SCHOOL DISTRICTS REP 6/11/2010 42.4.4112 RECORDS REQUIRED - AUDIT 6/11/2010 42.4.4113 REQUEST FOR INFORMATION REP 6/11/2010 42.4.4114 ENERGY PRODUCTION OR DEVELOPMENT - PROPERTY TAX ABATEMENT ELIGIBILITY FOR NEW INVESTMENT IN THE CONVERSION, TRANSPORT, MANUFACTURE, RESEARCH, AND DEVELOPMENT OF RENEWABLE ENERGY, CLEAN COAL ENERGY, AND CARBON DIOXIDE EQUIPMENT AND FACILITIES 6/11/2010 42.4.4115 PROPERTY TAX EXEMPTION FOR LAND ADJACENT TO TRANSMISSION LINE RIGHT-OF-WAY OR EASEMENT 11/10/2017