Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-788 - VOLUNTARY CLEANUP TAX CREDIT RULE › Section 62-788.341 - Solid Waste Removal Voluntary Cleanup Tax Credit Application Process

Current through Reg. 50, No. 138; July 16, 2024
(1) A tax credit applicant, or multiple tax
				credit applicants jointly conducting solid waste removal from a brownfield
				site, as identified and described in the BSRA, and claiming the solid waste
				removal tax credit can file a one-time application for this tax credit using
				Form  62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C. The solid waste removal tax credit shall be calculated using the
				percentage and the amount for the Solid Waste Removal Tax Credit Type in Table
				1, based upon the costs for solid waste removal from the brownfield site that
				have been incurred and paid since July 1, 2006. If multiple tax credit
				applicants are submitting an application, then they must indicate on the
				application form each tax credit applicant's percentage contribution toward
				payment of solid waste removal costs since July 1, 2006. Claims for the solid
				waste removal tax credit are not subject to a calendar-year limitation or
				annual filing deadline. Instead, the tax credit applicant shall submit the
				one-time solid waste removal VCTC claim when the tax credit applicant
				determines that the solid waste removal is complete.
(2) To receive the solid waste removal tax
				credit, the tax credit applicant must submit an affidavit with its application
				form that states that the tax credit applicant has consulted with the
				appropriate local government official and the appropriate Department District
				Solid Waste Supervisor and reviewed the available historical records, and to
				the best of the tax credit applicant's knowledge, the brownfield site
				identified and described in the BSRA was never operated as a permitted solid
				waste disposal area, as defined in subsection
				 62-788.201, F.A.C., or was never
				operated for monetary compensation, as defined in subsection
				 62-788.201, F.A.C. The affidavit
				is included in Section IV.F. of Form
				 62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C. When consulting with the local government official and the Department
				District Solid Waste Supervisor, the tax credit applicant shall inquire whether
				the landfill or dump site operations involved any type of monetary compensation
				including private or government fees or assessments.
(3) Complete applications for the solid waste
				removal tax credit must be submitted to the Department's Division of Waste
				Management in Tallahassee. A tax credit applicant shall submit an application
				using Form  62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C. In addition to the requirements of subsection
				 62-788.101(3),
				F.A.C., the application must include the following:
(a) A completed and signed affidavit [Section
				VII. of Form  62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C.] from each tax credit applicant (multiple tax credit applicants
				submitting a joint application must each sign a separate affidavit) certifying
				that all information contained in the application, including all records of
				costs incurred and paid and claimed in the tax credit application, are true and
				correct;
(b) Proof that the tax
				credit applicant has entered into a BSRA. A copy of the cover page and the
				signature page of the BSRA will suffice as proof;
(c) The affidavit required by subsection
				 62-788.341(2),
				F.A.C.; and
(d) Copies of documents
				that clearly describe the goods or services and associated costs that are being
				claimed in the application. Documents that include costs for goods or services
				that are not being claimed in the application shall be clearly annotated or
				shall otherwise clearly identify such goods or services and unclaimed costs.
				Inclusion of a cost-summary table that provides detail of claimed costs as
				represented by payment requests and payment records is required. Copies of
				documents for goods or services that are being claimed shall demonstrate a link
				between the contractual records, the payment requests associated with the
				contractual records, and the payment records for the claimed portions of the
				payment requests, as required by each of the following three subparagraphs:
1. Contractual records must describe the
				scope of work performed that was related to solid waste removal during the time
				period covered by the application. These contractual records shall correlate
				the costs claimed with both the payment requests and the payment records
				provided in accordance with subparagraphs
				 62-788.341(3)(d) 
				2. and 3., F.A.C. If the tax credit applicant did not procure the services
				listed on the contractual records included in the application, then the tax
				credit applicant must explain its relationship to the entity that procured
				those services. Examples of such contractual records include contracts,
				documentation of contract negotiations, proposals, work orders, task
				assignments, and change orders; and
2. Payment requests that describe the goods
				or services provided for solid waste removal during the time period covered by
				the application. These payment requests shall correlate the costs claimed with
				both the contractual records and payment records provided in accordance with
				subparagraphs  62-788.341(3)(d) 
				1. and. 3, F.A.C. The payment requests must include the name of the payee, a
				description of the goods or services provided, the period of service during
				which the goods or services were provided, the date upon which the payment
				request was issued, and the total amount being requested. Examples of such
				payment requests include, but are not limited to, invoices, payment
				applications, sales tickets, and account statements. Payment requests that
				include costs for goods or services that are not being claimed in the VCTC
				application must clearly identify which costs are being claimed; and
3. Payment records involving actual costs
				incurred and paid for solid waste removal during the time period covered by the
				application. These payment records shall correlate the costs claimed with both
				the contractual records and the payment requests provided in accordance with
				subparagraphs  62-788.341(3)(d) 
				1. and 2, F.A.C. The payment records shall also demonstrate that the tax credit
				applicant, which must be the signatory to the BSRA, paid the costs for solid
				waste removal. Payment records, include, but are not limited to, cancelled
				checks and bank statements.;
(e) A certification form stating that the
				solid waste removal associated with the documentation submitted pursuant to
				paragraph (d) has been conducted under the observation of, and related
				technical documents have been signed and sealed by, an appropriate registered
				technical professional in each contributing technical discipline. However, if
				the scope of the solid waste removal does not require oversight by a registered
				technical professional in this state, the registered technical professional
				certification form is not required as part of the solid waste removal tax
				credit application [Section V. of Form
				 62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C.]; and
(f) Proof that the
				documentation submitted pursuant to paragraph (d) has been reviewed and
				verified by an independent CPA in accordance with standards established by the
				American Institute of Certified Public Accountants [Section VI. of Form
				 62-788.101(1),
				incorporated by reference in subsection
				 62-788.101(1),
				F.A.C.]. The CPA's report shall also clearly state the total amount claimed in
				the application and the total amount approved by the CPA. A copy of the CPA's
				report shall be submitted with the tax credit application [refer to A Guideline
				for Agreed-Upon Procedures Attestation Service for the Voluntary Cleanup Tax
				Credit (VCTC) Program, dated December 2021, referenced in subsection
				 62-788.151(1),
				F.A.C.].