(1) A taxpayer may claim a credit for the infrastructure user fee paid to a local government for an "infrastructure loan."  The "infrastructure loan," as defined under ARM 8.97.1301, is a loan to the local government from the Montana department of commerce. The Montana department of commerce will determine if such loan qualifies for this credit.

(2) A taxpayer claiming the credit must follow both of the following criteria:

(a) the taxpayer must meet the provisions set forth in 17-6-309 , MCA; and

(b) the taxpayer must pay the infrastructure user fee.