Sec. 08.02.26.02. Eligibility

A. To be eligible for a State income tax credit under this chapter, a shell recycler shall:

(1) Prior to donating shell, complete an online registration as specified by the Department that includes the shell recycler’s Tax Identification Number;

(2) Donate shell for recycling to a certified recycled shell collector; and

(3) Receive and maintain electronic invoice records from the Department, indicating for each shell donation:

(a) The name of the certified recycled shell collector;

(b) The date and location of the shell donation; and

(c) The number of bushels of shell donated.

B. Eligibility of Business Entities.

(1) Only an individual or a corporation may receive a credit against the State income tax for oyster shell recycling.

(2) If a business entity other than a corporation recycles oyster shell in accordance with the eligibility requirements established in §A of this regulation, the amount of credits computed for the pass-through entity shall be allocated among the owners as agreed to in writing by the owners in accordance with Internal Revenue Service rules.