reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-06 - Tax credit certificates

Current through all regulations passed and filed through July 1, 2024
(A)
			 Within ninety calendar days after the project completion date or completion of
			 a project stage, the applicant
								 must notify the director in a format acceptable to the
			 director that the project or project stage is complete in accordance with the
			 application and request that the director issue a historic preservation tax
			 credit certificate.
(B) The
			 director may issue a historic preservation tax credit certificate to the
			 applicant of a project approved during an application
			 period once the applicant has provided the following evidence to the
			 director:
(1) Proof of ownership
			 or leasehold interest by the applicant of the
			 historic building;
(2) The
			 certified amount of qualified rehabilitation expenditures paid or incurred
			 during the rehabilitation period documented in a third-party cost certification
			 by a certified public accountant in accordance with division (D)(5) of section
			  149.311  of the Revised Code .
			 The cost certification shall include an itemization of the rehabilitation
			 activities, the actual costs, and the portion eligible as qualified
			 rehabilitation expenditures as determined under
			  26 U.S.C. 47;
(3) Information concerning the tax status of
			 the applicant
									, including but not limited to the type of entity, individual,
			 partnership or corporation. Pass through entities such as partnership,
			 S-corporation, limited liability company (LLC), non-profit corporation, or other such pass through
			 entity shall provide a list of partners or members, including for each the
			 correct legal name, taxpayer identification number, and proportion of ownership
			 interest in the entity for allocation of the tax credit. The
			 applicant may provide written evidence of a mutually
			 agreed upon alternative distribution or special allocation to its members for
			 allocation of the tax credit;
(4)
			 All required approvals from the state historic preservation officer, including
			 that the project has been completed in compliance with the secretary of the
			 interior's standards for rehabilitation;
(5) Documentation that the historic building
			 meets all required state and local regulations pertaining to the health and
			 safety of occupants; and
(6) Any
			 additional information as may be required by the program policies.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-07 - Monitoring and reporting

Current through all regulations passed and filed through July 1, 2024
(A)
			 During the rehabilitation period, the director and/or the state historic
			 preservation officer may, upon reasonable notice of not less than three
			 business days, conduct a site visit to the project to inspect and evaluate the
			 rehabilitation.
(B) During the
			 rehabilitation period, the director may, upon reasonable notice of not less
			 than thirty days, request a status report, in a format established by the
			 director, from the applicant consisting of information and updates relevant to
			 the status of the project. Status reports shall not be requested more than
			 twice during a calendar year.
(C)
			 An applicant must provide the director sufficient evidence of reviewable
			 progress as required in division (D)(4) of section
			  149.311  of the Revised Code and
			 in accordance with the program policies.
(D) The amount of the qualified
			 rehabilitation expenditures identified in the applicant's
			 certification of completion and reflected on the historic preservation tax
			 credit certificate issued by the director is subject to inspection, examination
			 and audit by the tax commissioner or the tax commissioner's
			 employees.
(E) For a period of four
			 years following the applicant's
			 certification of completion, the director may request
			 a project
			 status report  on a form
			 approved by the director no more than once annually.
			 The applicant shall complete and return the form completed in full within
			 forty-five days of the director's request.
(F) The applicant shall
			 establish and maintain for a period of at least four years from the
			 certification of project completion date such records as required by the
			 director. Such records include, but are not limited to, records documenting
			 project expenditures and compliance with the secretary of interior's standards
			 for rehabilitation. The applicant shall make such records available for review
			 and verification by the director or tax commissioner or appropriate staff of
			 the director or the tax commissioner as well as other appropriate state
			 agencies. In the event the director determines an applicant has
			 submitted reports or other information containing erroneous
			 information or data not supported by records established and maintained under
			 this rule, the director may, after providing notice, require the
			 applicant to submit revised and accurate
			 reports.
Ohio Administrative Code › Title 122:19 - Historic Preservation Tax Credit Program › Chapter 122:19-1 - General Provisions › Section 122:19-1-08 - Fees

Current through all regulations passed and filed through July 1, 2024
(A) Each applicant
			 shall submit an application fee in an amount established annually by the
			 director and officer in a schedule of historic preservation tax credit program
			 fees with each historic preservation tax credit application. An application
			 will not be considered by the director unless the application fee is paid to
			 the director. Application fees are non-refundable even if an application is
			 withdrawn or incomplete.
(B) Each
			 applicant that is approved for a historic preservation tax credit shall pay a
			 servicing fee in an amount established annually by the director and officer in
			 a schedule of historic preservation tax credit fees. The servicing fee will be
			 payable in full within ninety days of the award notice. No application approval
			 shall be effective unless the servicing fee has been paid to the director.
			 Servicing fees are non-refundable even if an application is withdrawn or
			 rescinded.
(C) Each applicant that
			 is approved for a historic preservation tax credit shall pay a certification
			 fee at the time the applicant notifies the director of project completion or
			 completion of a project stage. The certification fee shall be in accordance the
			 amounts established annually by the director and officer in a schedule of
			 historic preservation tax credit fees. A tax credit certificate will not be
			 issued by the director unless the certification fee is paid. Certification fees
			 are nonrefundable.
(D) The director
			 and state historic preservation officer shall establish the schedule of
			 historic preservation tax credit program fees as set forth in this rule for
			 each state fiscal year. The schedule of the application, servicing and
			 certification historic preservation tax credit program fees shall be published
			 by the director on the Ohio development services
			 agency's website. All fees shall be collected by the director and
			 allocated between the Ohio development services agency and Ohio
			 historic preservation office as determined by the director and
			 officer.
Ohio Administrative Code › Title 122:21 - Motion Picture Tax Credit Program › Chapter 122:21-1 - General Provisions › Section 122:21-1-02 - Eligibility; application process

Current through all regulations passed and filed through July 1, 2024
(A) An applicant who is a corporation,
			 partnership, limited liability company, or other form or business entity must
			 be registered with the Ohio secretary of state to do business in
			 Ohio.
(B) Any application submitted
			 must be submitted on a form prescribed by the director and meet the
			 requirements set forth in division (B) of section
			 122.85 of the Revised Code and
			 the budgetary requirements of division (C) of section
			 122.85 of the Revised Code.
(1)
									Documentation
			 that shows the applicant has secured funding equal to at least fifty per cent
			 of the total estimated production budget as required by division (B) of section
			 122.85 of the Revised Code can
			 be evidenced by any one or a combination of paragraphs (B)(1)(a) to (B) (1)(d)
			 of this rule.
(a)
										Private financing documented by any one or more of the
			 following:
(i)
											Term sheet signed by a financial institution or other
			 investment source declaring its total financial investment in the applicant
			 production, the date that the investment will be made, the term of the
			 investment and any condition for closing.
(ii)
											Executed loan
			 agreement demonstrating a commitment to loan a specific amount of financing for
			 the applicant production, the date the commitment was made and an established
			 period in which the investment will take place.
(iii)
											Commitment
			 letter signed by a financial institution or other investment source declaring
			 its total financial investment in the applicant production, the date the
			 commitment was made and an established period the investment will take
			 place.
Ohio Administrative Code › Title 122:21 - Motion Picture Tax Credit Program › Chapter 122:21-1 - General Provisions › Section 122:21-1-03 - Application fee

Current through all regulations passed and filed through July 1, 2024
(A) Upon certification by the director that
			 the project proposed by the applicant is a tax credit-eligible production, the
			 director shall issue the applicant an invoice for a non-refundable application
			 fee in an amount equal to one per cent
			 of the estimated value of the credit,  up to a maximum application fee of
			 ten thousand dollars.
(B) The
			 applicant shall pay the non-refundable fee within forty-five days of the
			 invoice date.
(C) The applicant's
			 failure to pay the application fee within the timeframe
			 
								set forth in paragraph (B) of this rule shall result
			 in rescission of the director's certification that the application is a tax
			 credit-eligible production.
(D) An
			 application fee is due and payable for each production certified by the
			 director as a tax credit-eligible production and is not transferrable to any
			 other or future application or production.
Ohio Administrative Code › Title 122:21 - Motion Picture Tax Credit Program › Chapter 122:21-1 - General Provisions › Section 122:21-1-04 - Reporting

Current through all regulations passed and filed through July 1, 2024
(A) Reviewable
			 progress reports in a format acceptable to the director
			 
								are
			 due within ninety days of certification of the application as a tax
			 credit-eligible production .
			 Failure to demonstrate commencement of production
			 within ninety days of certification of the application as a tax credit-eligible
			 production will result in rescission by the director under division (B) of
			 section 122.85 of the Revised Code,
			 unless an exemption otherwise applies. The director may, from time to
			 time in his or her discretion, request in writing additional reviewable
			 progress reports after ninety days of certification of the application as a tax
			 credit eligible production. The applicant's failure to report to the director
			 or failure to demonstrate reviewable progress in a report to the director may
			 result in rescission of the director's certification of the production as a tax
			 credit-eligible production.
(B)
								Upon completion of a tax credit eligible production, an
			 applicant may apply to the director for a tax credit certificate in a form
			 developed by the director in consultation with the tax
			 commissioner.
(C)
								With its application for
			 tax credit, an applicant will submit the independent certified public accountant report
			 due to the director under division (D) of section
			 122.85 of the Revised Code. The applicant will cause its certified public accountant
			 to
								 certify to the director that
			 the applicant's reported costs of 
								its tax credit-eligible production are eligible
			 production expenditures as defined in division (A)
			 of section 122.85 of the Revised Code. In
			 addition, the independent certified public accountant shall:
(1) Certify to the director that the loan-out
			 talent contractors are registered with the Ohio secretary of state to do
			 business in Ohio;
(2) Review and
			 certify to the director all contract and expense items greater than or equal to
			 one-thousand dollars and review and certify to the
			 director no less than fifty per cent of the contracts and expense items less
			 than one
			 thousand dollars;
(3) Certify to
			 the director that all eligible production expenditures for the tax credit
			 eligible production were incurred during the period beginning the
			 date of certification as a tax credit eligible production to the
			 production complete date; and
(4)
			 Certify to the director that the goods and services claimed as eligible
			 production expenditures were purchased and
			 performed or consumed in Ohio.
Ohio Administrative Code › Title 122:21 - Motion Picture Tax Credit Program › Chapter 122:21-1 - General Provisions › Section 122:21-1-05 - Certificate

Current through all regulations passed and filed through July 1, 2024
(A)
								A tax
			 credit certificate shall be issued to the applicant as the certificate owner
			 and shall not be transferable. If the certificate owner is a pass through
			 entity, such as a partnership, S-corporation, limited liability company (LLC),
			 or other such pass through entity, the pass through entity shall provide the
			 director a list of partners or members, including the correct legal name,
			 taxpayer identification number, and proportion of ownership interest in the
			 entity for allocation of the tax credit.
(B) No credit certificate
			 
								may be
			 issued before the completion of the tax credit eligible production. A tax
			 credit-eligible production is not considered complete until
			 the applicant certifies to the director that all
			 costs of the production and creditors have been paid in full, or as otherwise
			 agreed. Upon acceptance of the accountant's report as provided in rule
			 122:21-1-04 of the
			 Administrative Code, the director will issue a credit certificate in an amount
			 equal to thirty per cent of the lesser of the
			 budgeted eligible production expenditures stated in the application and the
			 director's certification of the tax credit-eligible production or the actual
			 eligible production expenditures incurred and certified by the independent
			 certified public accountant.
(C)
			 The tax credit certificate shall include the amount of the tax credit and be
			 calculated as set forth in division (C) of section
			 122.85 of the Revised
			 Code.
(D) The tax credit shall be
			 claimed in accordance with section5726.55,
								5733.59
								,
								 5747.
			 66, or
			 5751.54
								 of the Revised
			 Code.
(E) No application will be
			 certified as a tax credit-eligible production if the total budgeted eligible
			 production expenditures stated in the motion picture company's application is
			 less than three hundred thousand dollars. In addition, if the actual eligible
			 production expenditures as finally determined under division (D) of section
			 122.85 of the Revised Code is
			 less than three hundred thousand dollars, the certification of the production
			 as a tax credit eligible production will be rescinded and no credit will be
			 allowed.
Ohio Administrative Code › Title 122:22 - New Markets Tax Credit › Chapter 122:22-1 - General Provisions › Section 122:22-1-03 - Notices and certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								Within sixty days after receiving a qualified equity
			 investment for which a new markets tax credit is to be allowed, the state
			 allocatee shall notify the director of such investment. The notice shall be in
			 a form approved by the director and shall contain information necessary to
			 determine the identity of the investor and the NMTC claimant in addition to the
			 adjusted purchase price.
(B) Within sixty days
			 after closing each qualified low-income community investment made in this state
			 for which a new markets tax credit is to be
			 allowed, the state allocatee shall notify the director of such investment and
			 certify to the director that the investment has been made in a qualified active
			 low-income community business . The
			 notice shall be in a form approved by the director and shall contain
			 information about the qualified active low-income community
			 business.
(C)
								After receipt of the notice required by paragraph (A) of
			 this rule, the director may issue a new markets tax credit certificate to the
			 CDE for each credit allowance date that generates a new markets tax credit. The
			 CDE shall provide a copy of the certificate of the NMTC claimant. The tax
			 credit certificate shall contain the name and address of the CDE, the name and
			 identifying information of the investor, the total amount of the tax credit,
			 the applicable tax credit percentage, the current credit allowance dates, the
			 adjusted purchase price, and any other information collected by the director
			 and deemed useful in identifying the tax credit claimant and tax credit amount.
			 The issuance of a tax credit certificate under this paragraph constitutes
			 approval or certification of the adjusted purchase price by the director as
			 required under division (A)(1) of section
			  5725.33  of the Revised
			 Code.
Ohio Administrative Code › Title 122:22 - New Markets Tax Credit › Chapter 122:22-1 - General Provisions › Section 122:22-1-04 - Annual reporting

Current through all regulations passed and filed through July 1, 2024
(A) The state
			 allocatee shall submit an annual report to the director, which
								shall include a complete copy of any report submitted by the
			 state allocatee to the community development financial institutions fund (or
			 any successor fund or agency administering the federal new markets tax credit
			 program) for the corresponding reporting period, together with an Ohio annual
			 report supplement. The state allocatee shall submit its annual report no later
			 than one hundred eighty days following the end of the CDE's fiscal year each
			 year beginning the year after the allocation date and continuing through the
			 year following the expiration of the last credit allowance period for any
			 qualified equity investment designated by the state allocatee based on the
			 credit allocation made in the allocation agreement.
(B) The Ohio annual report supplement shall
			 be in the form required by the director. Among other information that may be
			 required by the director, the state allocatee shall report for each qualified
			 equity investment the purchase price for the equity investment, the adjusted
			 purchase price for the equity investment, the first credit allowance date, all
			 NMTC claimants (including name, address, and federal employer identification
			 number for each NMTC claimant) whether or not the NMTC claimant is then a
			 holder of the qualified equity investments, the amount of the adjusted purchase
			 price attributable to each NMTC claimant, the status of each NMTC claimant as
			 the original holder or a transferee of the qualified equity investment, and the
			 effective date of each transfer of the qualified equity investment.
(C) The director may
			 also require the state allocatee to report from time to time such information
			 about its qualified low-income community investments as may be necessary or
			 useful for the director to evaluate the new markets tax credits program.
(D) Each report and
			 notice required by this rule shall contain a certification signed by an
			 authorized representative of the state allocatee that the information reported
			 is true, correct, and complete.
Ohio Administrative Code › Title 122:22 - New Markets Tax Credit › Chapter 122:22-1 - General Provisions › Section 122:22-1-06 - Fees

Current through all regulations passed and filed through July 1, 2024
(A) Each applicant
			 shall submit with its application for a credit allocation an application fee in
			 the amount of fifteen hundred dollars. An application will not be
			 considered by the director unless the application fee is paid
			 prior to the date the application is required to be
			 filed. Application fees are non-refundable upon
			 submission of the application.
(B) Each state allocatee shall pay a
			 servicing fee in the amount of seventeen thousand five
			 hundred dollars.
			 The servicing fee will be payable in full upon execution and delivery of the
			 allocation agreement. No allocation agreement shall be effective unless the
			 servicing fee has been paid. Servicing fees are
			 non-refundable upon execution of the agreement.
Ohio Administrative Code › Title 122:22 - New Markets Tax Credit › Chapter 122:22-1 - General Provisions › Section 122:22-1-07 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
Except as provided in this rule, each and any of the powers and
				duties of the director under this chapter, including the making, signing and
				issuance of allocation agreements and determinations, accepting or refunding of
				fees, and exercise of recapture, may be performed by the assistant director of
				the development services
				agency or such other officers and employees of the
				 development
				services agency as may be designated in writing
				by the director or such assistant director. Any such designation under this
				chapter shall continue to be effective unless and until it is terminated or
				superseded in writing, notwithstanding any succession in the office of director
				or assistant director. Any reference in this chapter to the director includes
				the assistant director or such other designated officers or employees.
Ohio Administrative Code › Title 122:22 - New Markets Tax Credit › Chapter 122:22-1 - General Provisions › Section 122:22-1-08 - Severability

Current through all regulations passed and filed through July 1, 2024
If any clause, provision or application
				of any of the rules in rule 122:22-1-01 to  122:22-1-08 of  the Administrative Code is determined to be invalid or unenforceable, such determination shall not affect the remainder of such rule, other application of the rule, or application of other rules of this chapter, which shall be applied as if the invalid or unenforceable portion, application or references to the invalid or unenforceable portion did not exist.
Effective:
				11/29/2010
R.C. 119.032
				review dates: 11/29/2015
Promulgated Under: 119.03
Statutory Authority:
				5725.33
Rule Amplifies: 5725.33, 5729.16,
				5733.58
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-01 - Definitions and rules of interpretation

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in rules 122:23-1-01 to  122:23-1-10 of  the Administrative Code:
(1)
									"Applicant" means a person who applies to the director
			 for certification of an energy project as a qualified energy project. As used
			 in this chapter of the Administrative Code, "applicant" also includes a person
			 who receives a certification of an energy project as a qualified energy project
			 and any subsequent owner or lessee pursuant to a sale and leaseback transaction
			 of the qualified energy project.
(2)
									"Application for
			 certification" means an application for certification of an energy project as a
			 qualified energy project as provided in section
			  5727.75  of the Revised
			 Code.
(3)
									"Authorized representative" means an officer or other
			 individual who has the actual authority to sign for, and make representations
			 on behalf of, the applicant.
(4)
									"Business day"
			 means any day other than Saturday, Sunday or a holiday recognized by the state
			 of Ohio on which the offices of the development services agency are not open
			 for business.
(5)
									"Commissioner" means the commissioner of the Ohio
			 department of taxation.
(6)
									"Director" means the director of the Ohio development
			 services agency.
(7)
									"Energy facility" has the meaning given to that term in
			 division (P) of section
			  5727.01  of the Revised
			 Code.
"Energy facility" includes a substation
				to which the generating equipment is connected if the person who owns the
				interconnected wind turbines, solar panels, or other tangible property used to
				generate electricity also owns such substation.
(8)
									"In service"
			 means, with respect to any energy project, capable of producing
			 electricity.
(9)
									"Ohio-domiciled" means a person's permanent residence
			 is in the state of Ohio.
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-04 - Employment report

Current through all regulations passed and filed through July 1, 2024
(A)
								The construction progress report must include an
			 employment report including the number of days during the reporting period that
			 construction was in progress, the total number of hours worked by employees
			 employed in the construction or installation of the energy project during the
			 reporting period, and the total number of hours worked by Ohio-domiciled
			 employees employed in the construction or installation of the energy project
			 during the reporting period.
(B)
								The construction
			 completion report must include a list of individuals employed in the
			 construction or installation of the energy project during the construction
			 period, their residence addresses, and the number of hours worked by each
			 employee employed in the construction or installation of the energy project.
			 Each employee for which hours of employment are reported should be designated
			 either as an Ohio-domiciled employee or an employee domiciled outside Ohio. The
			 applicant shall also provide a signed certificate in the form prescribed by the
			 director from each employee with an Ohio address that he or she is
			 Ohio-domiciled.
(C)
								The applicant shall retain, and cause any contractor
			 involved in the project to retain, in its records for a period of at least
			 three years after the energy project is placed in service the employee
			 certificates of Ohio domicile together with evidence of each such employee's
			 Ohio domicile. Evidence of Ohio domicile may include a copy of an unexpired
			 driver's license issued by the state of Ohio to the employee showing an Ohio
			 residence address, an Ohio voter registration card for the employee dated
			 during the construction period, a utility bill dated during the construction
			 period addressed to the employee at his or her Ohio residence address, or such
			 other documentation as the director determines reasonably demonstrates that the
			 employee's permanent residence is in the state of Ohio. Upon request of the
			 director, the applicant shall provide evidence of Ohio domicile for each
			 employee designated as Ohio-domiciled.
Replaces: 122:23-1-05
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-05 - Certificate of verification

Current through all regulations passed and filed through July 1, 2024
(A)
								Following review
			 and acceptance of the applicant's submitted construction completion report, the
			 director shall issue a certificate of verification confirming compliance with
			 the requirements of section
			  5727.75  of the Revised Code. The
			 certificate shall identify the date the qualified energy project is placed into
			 service, provide the Ohio-domiciled employee ratio, and describe the tangible
			 personal property and real property to be exempt from taxation in sufficient
			 detail that the commissioner and county auditor can determine the personal
			 property subject to exemption and the boundaries of the real property including
			 buildings, structures, and fixtures that are entitled to exemption from
			 taxation. The director shall provide a copy of the certificate of verification
			 to the applicant, the commissioner, the board of county commissioners, auditor
			 and treasurer of each county in which any part of the qualified energy project
			 is located, and to the applicable taxing units in which any real or tangible
			 personal property is located.
(B)
								The tangible
			 personal property tax exemption granted to a qualified energy project is
			 effective as of the tax year immediately following the calendar year in which
			 the property is placed into service, as identified on the certificate of
			 verification. In accordance with division (G) of section
			  5727.75  of the Revised Code, the
			 requirement to make a payment in lieu of taxes begins with the tax year in
			 which the exemption is effective.
(C)
								Upon receipt of
			 the certificate of verification from the director, the county auditor of each
			 county for which an exemption was approved shall place the real property
			 described in the certification on the exempt list and remit or refund taxes for
			 such tax years as are necessary to give effect to the qualified energy property
			 certificate.
Replaces: 122:23-1-04
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-06 - Continuing compliance with requirements for exemption; service payments

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant shall file annual nameplate capacity
			 reports which shall be in the form and contain the substance required by the
			 director from time to time. An annual nameplate capacity report must be signed
			 by an authorized representative of the applicant and received by the director
			 not later than the close of business on March first each year during which an
			 exemption under section
			  5727.75  of the Revised Code is
			 in effect for the energy project. The reporting period for each annual
			 nameplate capacity report shall be the calendar year ending December
			 thirty-first prior to the March first reporting deadline.
(B)
								To satisfy the
			 requirements provided in section
			  5727.75  of the Revised Code for
			 the qualified energy project exemption to continue, each applicant that
			 receives such an exemption must certify to the director with its annual
			 nameplate capacity report, and provide supporting documentation if requested,
			 the following:
(1)
									All licenses, permits, and other approvals required for
			 the operation of the energy project have been obtained (or renewed) or will be
			 obtained (or renewed) as and when required.
(2)
									Applicant has
			 made annual service payments as required by division (G) of section
			  5727.75  of the Revised Code and,
			 if applicable, any additional payments required by resolution of a board of
			 county commissioners as provided in division (E)(1)(b) of section
			  5727.75  of the Revised
			 Code.
(3)
									Applicant is not in default of any obligation under any
			 agreement which the applicant has entered into with a county engineer regarding
			 the repair, rebuilding, and reinforcement of roads, bridges, and culverts that
			 continues in effect beyond the completion of construction of the energy
			 project.
(4)
									If the applicant has developed a training plan for fire
			 and emergency responders that continues beyond the completion of construction
			 of the energy project, applicant is not in default of any such training
			 plan.
(5)
									If the applicant has developed a plan for equipping
			 fire and emergency responder that is not fulfilled prior to, or that otherwise
			 continues beyond, the completion of construction of the energy project,
			 applicant is not in default of any such plan.
(6)
									If applicable,
			 applicant is not in default of any obligation under any agreement with a member
			 of the university system of Ohio or apprenticeship program to support workforce
			 training as required by division (F)(7) of section
			  5727.75  of the Revised
			 Code.
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-07 - Signature; failure to report; trade secrets

Current through all regulations passed and filed through July 1, 2024
(A)
								The application
			 for certification and each report submitted by an applicant pursuant to rules 122:23-1-01 to  122:23-1-10 of  the Administrative Code shall include a certification signed by an authorized representative of the applicant that the information contained in the application or report is true, correct, and complete.
(B)
								If the applicant fails to submit to the director any
			 report as and when the report is due, or if the applicant submits a report that
			 omits any required information, the applicant will not be in compliance with
			 the requirements of section
			  5727.75  of the Revised Code. The
			 director will notify the applicant in writing of any failure to file a report
			 as required. If the applicant does not file the report or the omitted
			 information within thirty days after the date of the director's notice, the
			 director may initiate the process to revoke the certification of the
			 applicant's qualified energy project as provided in rule 122:23-1-08 of  the Administrative Code. If information omitted from a report is a certificate to be provided by a third party, including a public official or public authority, and the certificate is omitted because the third party has not responded to a timely request for such information for a reason other than the applicant's
			 noncompliance with requirements related to the certificate, the director will
			 not consider the report to be delinquent if the applicant includes in the
			 report a copy of the request made to the third party for the certificate,
			 pursues the request for the certificate diligently, and provides a copy of the
			 certificate to the director promptly after it is received.
(C)
								Information that
			 qualifies as a trade secret under Ohio law may be exempt from release as a
			 public record. State law generally requires that documents containing both
			 trade secret information and non-confidential information be disclosed with
			 trade secret information redacted. To assist the director in identifying trade
			 secret information submitted to the director as part of an application for
			 certification or otherwise in connection with the certification of a qualified
			 energy project, the applicant should mark trade secret information by placing
			 an asterisk before and after each line containing trade secret information and
			 underlining the information considered to be a trade secret.
Replaces: 122:23-1-08
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-08 - Revocation of certification by the director

Current through all regulations passed and filed through July 1, 2024
(A)
								The director may
			 revoke a certification of a qualified energy project if the director determines
			 that the applicant, or a subsequent owner or lessee pursuant to a sale and
			 leaseback transaction of the qualified energy project, fails to comply with any
			 requirement of section
			  5727.75  of the Revised Code.
			 Failure by the applicant to comply with any regulation applicable to the
			 qualified energy project or its certification will be a failure to comply with
			 a requirement of section
			  5727.75  of the Revised Code. The
			 director may become aware of circumstances suggesting noncompliance as a result
			 of the director's review of applicant reporting, complaints from third parties
			 or otherwise. The director may investigate any circumstance suggesting
			 noncompliance, which shall include written notice to the applicant and an
			 opportunity for the applicant to respond. The director's notice shall describe
			 in reasonable detail (taking into account information available to the
			 director) the nature of the alleged noncompliance. The applicant shall have
			 thirty days to respond to the director's notice.
(B)
								In the event the
			 applicant admits or the director otherwise determines that the applicant is not
			 in compliance with any requirement of section
			  5727.75  of the Revised Code, the
			 director shall notify the applicant of the director's intention to revoke the
			 certification of the applicant's qualified energy project. The director shall
			 deliver any notice of intention to revoke in writing to the applicant at the
			 address provided for the applicant in its filing most recently made with the
			 director and provide a copy of the notice to the tax commissioner. The director
			 will describe the basis for revocation in reasonable detail in the notice of
			 intention to revoke. The applicant shall have an opportunity to cure or
			 otherwise resolve the noncompliance in the manner and in accordance with any
			 applicable cure period. If no specific cure period otherwise applies, the
			 director shall allow the applicant sixty days to resolve the
			 noncompliance.
(C)
								Following the end of any applicable cure period and
			 upon review of any documentation provided by the applicant, the director shall
			 notify the applicant in writing of the director's final determination and
			 provide a copy of the final determination to the commissioner, to the auditor
			 and treasurer of each county in which any part of the qualified energy project
			 is located, and to the taxing authority of each taxing unit within an affected
			 county. Promptly after receipt of such notice, the county auditor shall restore
			 the real property to the tax list as of the year immediately following the tax
			 year in which the revocation is issued.
Replaces: 122:23-1-09
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-09 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
Except as provided in this rule, each
				and any of the powers and duties of the director under this chapter may be
				performed by the assistant director of development or such other officers and
				employees of the department of development as may be designated in writing by
				the director or such assistant director. Any such designation under this
				chapter shall continue to be effective unless and until it is terminated or
				superseded in writing, notwithstanding any succession in the office of director
				or assistant director. Any reference in this chapter to the director includes
				the assistant director or such other designated officers or
				employees.
Replaces: 122:23-1-10
Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-10 - Severability

Current through all regulations passed and filed through July 1, 2024
If any clause, provision or application
				of any rule in this chapter of the Administrative Code is determined to be
				invalid or unenforceable, such determination shall not affect the remainder of
				such rule, other application of the rule, or application of other rules of this
				chapter, which shall be applied as if the invalid or unenforceable portion,
				application or references to the invalid or unenforceable portion did not
				exist.
Replaces: 122:23-1-11
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-02 - Procedure for investOhio program

Current through all regulations passed and filed through July 1, 2024
(A) The investOhio program is a multistep
			 process in which the following acts must occur:
(1) The small business enterprises and
			 eligible investors that wish to participate in the program must register with
			 the investOhio program. The registration process is further described in rule 122:24-1-03 of  the Administrative Code.
(2) A
			 registered eligible investor and a registered small business enterprise must
			 reach an agreement that permits the eligible investor to make an investment of
			 money in the small business enterprise for an equity interest in the small
			 business enterprise whether such agreement was reached prior to or after
			 registering as an eligible investor or small business enterprise with the
			 investOhio program. The time of investment must occur in the same state fiscal
			 biennium as application described in paragraph (A)(3) of this rule.
(3) One of the parties to the qualifying
			 investment described in paragraph (A)(2) of this rule must apply to the
			 investOhio program. The application process is further described by rule 122:24-1-04 of  the Administrative Code. The date and time in which the application is received by the director determines the priority that the qualifying investment has under the investOhio program. Each transaction will be given an investOhio transaction ID to denote the priority of the transaction.
(4) Once the application has been submitted
			 to the director, the eligible investor must make the investment of money
			 consistent with rule 122:24-1-05 of  the Administrative Code.
(5)
			 Within six months after the date on which the investment of money
			 occurs, the small business enterprise must make allowed expenditures consistent
			 with division (A)(1) of section
			  122.86 
			 of the Revised Code.
(6)
									Following the end of the required holding period and
			 submission of required documents,
									the director will
			 begin to issue small business investment certificates to those qualifying
			 investments that have that met each of the requirements listed in paragraphs
			 (A)(1) to (A)(6) of this rule . The certificate shall establish the
			 maximum amount of the tax credit that may be claimed. The director will issue small business
			 investment certificates until the amount of tax credits awarded meets the
			 limitation imposed by division (C)(3) of section
			  122.86 
			 of the Revised Code.
(7) Eligible investors
			 that possess small business investment certificates  may claim a tax
			 credit consistent with section
			  5747.81 
			 of the Revised Code.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-04 - Application process

Current through all regulations passed and filed through July 1, 2024
(A) In
			 order to complete an application for a qualifying investment, both the eligible
			 investor and the potential small business enterprise have registered with the
			 investOhio program and have received an investOhio user ID. This process is
			 described in rule 122:24-1-03 of  the Administrative Code.
(B)
			 Prior to submitting an application for a qualifying investment, the eligible
			 investor and small business enterprise must have exchanged the information
			 necessary to complete an application for a qualifying investment. Either party
			 may apply under the investOhio program. The information necessary shall
			 include:
(1) The amount of the qualifying
			 investment, which must be an investment of money;
and
(2) The
			 time of investment; and (3)
(a) In the case of
			 a small business enterprise that wishes to apply, the investOhio user ID of the
			 eligible investor that will make a qualifying investment in the small business
			 enterprise; or
(b) In the case of
			 an eligible investor that wishes to apply, the investOhio user ID for the small
			 business enterprise in which the eligible investor will make a qualifying
			 investment.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-06 - Issuances of small business investment certificates

Current through all regulations passed and filed through July 1, 2024
(A)
								Once the director has determined that the qualifying
			 investment meets the requirements of section
			  122.86 
			 of the Revised Code and rule 122:24-1-05 of  the Administrative Code, completes the review of the
			 application, and following the end of the holding period, the small
			 business investment certificate shall be issued to the eligible investor. Tax
			 credits will only be available to the investor or
			 identified owners of pass-through entities and only in proportion to their
			 ownership interests. Each member or partner on the list required by paragraph
			 (C) of rule 122:24-1-05 of  the Administrative Code shall receive a small business investment certificate for their proportionate share of the qualifying investment; however
			 owners that are not identified will be ineligible for a tax credit. No entity
			 or person shall be entitled to claim more tax credit than is allowed under
			 division (C)(1) of section
			  122.86 
			 of the Revised Code. Small business investment certificates are not
			 transferrable.
(B)
								To the extent that an
			 eligible investor makes an investment of money that is different than the
			 amount supplied in the transaction application, the director shall only issue a
			 small business investment certificate equal to ten
			 percent of the lesser of the following:
(1) The actual amount of the investment made
			 to the extent it is less than the amount stated in the transaction application;
			 or
(2) The amount supplied in the
			 transaction application to the extent that the investment in cash exceeds that
			 amount; or
(3) The maximum amount
			 permitted by division (C)(1) of section
			  122.86 
			 of the Revised Code.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-08 - Small business enterprise

Current through all regulations passed and filed through July 1, 2024
(A) In order for a business entity to qualify
			 as a small business enterprise either its assets cannot exceed fifty million
			 dollars or its annual sales cannot exceed ten million dollars.
			  These calculations are to be made at the time of each qualifying
			 investment and are to be calculated based upon generally accepted accounting
			 principles.
(B) In order for a
			 business entity to qualify as a small business enterprise, it must employ at
			 least fifty full-time equivalent employees in Ohio for whom it is required to
			 withhold Ohio income taxes from their wages or more than one-half of the
			 business entity's total number of full-time equivalent employees employed in
			 the United States are employed in Ohio and are subject to the withholding
			 requirement. The determination of whether this employment test has been met is
			 made on the date of each qualifying investment.
(C) A
			 small business enterprise is required to annually update its registration
			 information for the investOhio program, described in rule 122:24-1-03 of  the Administrative Code, with the director. This report shall be in a format established by the director and shall provide the director with information necessary for the director to make a determination as to the entity's status as
			 a small business enterprise as well as whether the entity is complying with
			 requirements associated with its expenditure of the qualifying investments.