301 CMR 16.02 - Definitions

The following words shall have the following meanings in 301 CMR 16.00, unless the context clearly indicates otherwise.

Annual Program Cap. The amount of tax credits authorized for a taxable year by the General Court.

Applicant. A taxpayer who submits an Application to the Secretary for a Cranberry Bog Renovation Tax Credit pursuant to 301 CMR 16.00.

Application. An application by an Applicant to the Secretary for a Cranberry Bog Renovation Tax Credit.

Calendar Tax Credit Year or CTCY. The designated calendar year for which the Secretary may authorize a Cranberry Bog Renovation Tax Credit pursuant to 301 CMR 16.00.

Commissioner. The Commissioner of Revenue or the Commissioner's duly authorized representative.

Cranberry Bog. An area actively cultivated for the harvesting or production of cranberries.

Cranberry Bog Renovation Tax Credit. A tax credit authorized by the Secretary pursuant to 301 CMR 16.00 and either M.G.L. c. 62, § 6(w) or M.G.L. c. 63, § 38II.

Cranberry Bog Renovation Tax Credit Certificate Number. A unique identification number issued to a Taxpayer by the Secretary, certifying the total approved Qualified Renovation Expenditures incurred by a Taxpayer and the associated authorized tax credit for a designated CTCY.

Project. The entirety of the work proposed by a taxpayer in an Application.

Project Period. The calendar dates for beginning and completing any Project Plan and incurring Qualified Renovation Expenditures.

Project Plan. A document describing proposed Qualified Renovations for which the Applicant will seek a Cranberry Bog Renovation Tax Credit in a particular CTCY.

Qualified Renovation. The renovation, repair, replacement, regrading or restoration of a Cranberry Bog for the cultivation, harvesting or production of cranberries or any other activity or action associated with the renovation of an abandoned Cranberry Bog; provided, however, that Qualified Renovation shall not include the construction of facilities or structures for the processing of cranberries.

Qualified Renovation Expenditure. An expenditure or cost directly incurred in connection with a Qualified Renovation of a Cranberry Bog; provided, however, that Qualified Renovation Expenditure shall not include costs incurred in acquiring or purchasing property for the construction of facilities or structures for the cultivation, harvesting or production of cranberries. An expenditure or cost is directly incurred in connection with a Qualified Renovation if it is:

(a) incurred by the Applicant and not subsequently reimbursed to the Applicant;

(b) incurred in connection with the Qualified Renovation of a Cranberry Bog located in the Commonwealth of Massachusetts;

(c) incurred in compliance with applicable laws, regulations, permits, licenses, or other legal requirements or authorizations;

(d) incurred specifically for a Qualified Renovation and is not a general business expense such as a vehicle purchase;

(e) incurred as a result of an arms-length commercial transaction memorialized by a written receipt or invoice, and not by the provision of labor or other in-kind goods or services performed or provided by the Applicant or any Related Entity; and

(f) for expenditures incurred starting in CTCY 2023, incurred after the Secretary's notification of eligibility for an Application.

Related Entity. An entity that has, directly or indirectly, substantial ownership, direction or control in common with an Applicant.

Secretary. The Secretary of Energy and Environmental Affairs or the Secretary's duly authorized representative.

Taxpayer. Any individual or entity subject to taxation under M.G.L. c. 62 or M.G.L. c. 63 and eligible for a credit under M.G.L. c. 62, § 6(w) or M.G.L. c. 63, § 38II, as applicable.

Taxpayer Primarily Engaged in Cranberry Production. A Taxpayer engaged in agriculture, as defined by M.G.L. c. 128, § 1A, that generates sales from cranberry production equal to 50% or more of its total revenue.

Notes

301 CMR 16.02

Adopted by Mass Register Issue 1471, eff. 6/10/2022.