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Maryland General Assembly· HB0472Approved by the Governor - Chapter 18 (Chapter 18)

Income Tax - Theatrical Production Tax Credit - Alterations and Sunset Extension, the official text

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WES MOORE, Governor                            Ch. 18

Chapter 18

                   (House Bill 472)

AN ACT concerning

Income Tax – Theatrical Production Tax Credit – Alterations and Sunset
                                                 Extension

FOR the purpose of extending the termination date limiting the excess amount of tax credit
         certificates that the Department of Commerce may carry forward and issue in
         subsequent taxable years for a credit against the State income tax for certain costs
         related to certain theatrical productions in the State; extending the termination date
         of the credit; and generally relating to the income tax credit for theatrical
         productions.

BY repealing and reenacting, without amendments,
         Article – Tax – General
         Section 10–756(a)(1), (6), and (7) and (b)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Tax – General
         Section 10–756(f)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Chapter 258 of the Acts of the General Assembly of 2022
         Section 2

BY repealing and reenacting, with amendments,
         Chapter 259 of the Acts of the General Assembly of 2022
         Section 2

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Tax – General

10–756.

(a) (1) In this section the following words have the meanings indicated.

                  (6) “Qualified theatrical production facility” means a facility located in the
State in which a theatrical production is performed.

                                                           –1–
Ch. 18  2026 LAWS OF MARYLAND

                  (7) “Secretary” means the Secretary of Commerce.

         (b) (1) A qualified theatrical production entity may claim a credit against the
State income tax for theatrical production activities in the State in an amount equal to the
amount stated in the tax credit certificate approved by the Secretary for a theatrical
production.

                  (2) If the tax credit allowed under this section in any taxable year exceeds
the total tax otherwise payable by the qualified theatrical production entity for that taxable
year, the qualified theatrical production entity may claim a refund in the amount of the
excess.

         (f) (1) Except as provided in paragraph (2) of this subsection, the Secretary
may not issue tax credit certificates for credit amounts in the aggregate totaling more than
$5,000,000 in any fiscal year.

                (2) [If] SUBJECT TO THE LIMITATION UNDER PARAGRAPH (3) OF THIS
SUBSECTION, IF the aggregate credit amounts under the tax credit certificates issued by
the Secretary total less than the maximum provided under paragraph (1) of this subsection
in any fiscal year, any excess amount may be carried forward and issued under tax credit
certificates in a subsequent fiscal year.

                (3) THE AGGREGATE AMOUNT CARRIED FORWARD FROM ALL PRIOR
FISCAL YEARS IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SUBSECTION MAY NOT
EXCEED $20,000,000.

                (4) The Secretary may not issue tax credit certificates for credit amounts
totaling more than $2,000,000 in the aggregate for a single theatrical production.

                                       Chapter 258 of the Acts of 2022

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021, but
before January 1, [2027] 2032. It shall remain effective for a period of [5] 10 years and, at
the end of June 30, [2027] 2032, this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.

                                       Chapter 259 of the Acts of 2022

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021, but
before January 1, [2027] 2032. It shall remain effective for a period of [5] 10 years and, at
the end of June 30, [2027] 2032, this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.

                                                           –2–
WES MOORE, Governor  Ch. 18

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, April 14, 2026.

–3–
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