Ohio Administrative Code › Title 122:28 › Chapter 122:28-1 › Section 122:28-1-05 - Fees

Current through all regulations passed and filed through July 1, 2024
In the matter of division (K) of
				section 122.175 of the Revised
				Code:
(A)
								At the time each original grantee enters into the data
			 center tax exemption agreement, the original grantee will pay to the
			 development services agency a servicing fee, in an amount equal to four hundred
			 dollars per year of the data center tax exemption agreement. A separate
			 servicing fee, each calculated as described in the preceding sentence, will be
			 assessed for each original grantee that is party to a data center tax exemption
			 agreement. An amendment that requests the addition of affiliated taxpayer(s)
			 following the initial approval of the data center tax exemption agreement is
			 subject to the same servicing fee for each added party related to the original
			 grantee. Such an amendment is not subject to the amendment fee, as described in
			 paragraph (B) of this rule, unless the amendment requests changes to other
			 terms of the data center tax exemption agreement.
(B)
								An original
			 grantee or a supplemental grantee for a project that has already received
			 approval from the authority for a data center tax exemption is to pay a three
			 hundred dollar fee to the development services agency in connection with the
			 grantee's request to amend a previously approved tax exemption project,
			 including to add a supplemental grantee, provided that the amendment fee will
			 not be assessed for ministerial amendments. The determination of the executive
			 director of the authority on the nature of an amendment as ministerial or
			 substantive is final.
(C)
								An original grantee that does not submit to the
			 director a complete annual report or annual certification postmarked by or
			 received prior to March first of the year the report or certification is due
			 will be assessed a late fee of five hundred dollars for each month the report
			 or certification is not received on the first day of each ensuing calendar
			 month until the taxpayer submits the complete annual report or annual
			 certification under paragraphs (A) and (C) of rule 122:28-1-03 of the
			 Administrative Code. If an annual report or annual certification submitted to
			 the director is not complete, the director, or his or her designee will notify
			 the original grantee of the deficiencies in the submission, and the original
			 grantee will have thirty days from the date of the notice to provide
			 supplemental information to the director that completes the annual report or
			 annual certification. During the pendency of the thirty-day time period to
			 supplement annual report or annual certification information, the original
			 grantee is still subject to the monthly late fee. Failure by an original
			 grantee to comply with reporting requirements is a breach of the the data
			 center tax exemption agreement. After the expiration of any applicable cure
			 period under the data center tax exemption agreement, the authority may
			 exercise its remedies including, without limitation, reduction of the term or
			 percentage of the tax exemption or both, or termination of the tax exemption.
			 Any supplemental grantees will be copied on any notices of default sent to the
			 original grantee.
(D)
								A tax exemption certificate will not be issued to any
			 original grantee or supplemental grantee with unpaid fees under this
			 rule.