Ohio Administrative Code › Title 122:7 - Tax Credit Authority › Chapter 122:7-1 - General Provisions › Section 122:7-1-07 - Reports

Current through all regulations passed and filed through July 1, 2024
(A) Each taxpayer
			 that is party to a tax credit agreement shall report to the director annually
			 during the term of the tax credit the number of eligible full-time equivalent
			 employees first employed by the taxpayer at the project location as a result of
			 the project, the total number of full-time equivalent employees employed by the
			 taxpayer at the project location, the total payroll from operations at the
			 project location, the income tax revenue from operations at the project
			 location, Ohio
			 employee payroll from operations at the project location
			 as defined in division (A) of section
			  122.17  of the Revised
			 Code, the average hourly wage of the full-time equivalent employees, the
			 amount of any transferred payroll during the tax year, the
			 original cost of fixed-asset
			 investment made at the project location, and any other information the
			 director deems necessary to perform the director's duties under section
			  122.17  of the Revised Code. Each
			 taxpayer's report to the director shall be certified as accurate and complete
			 by the original signature of any authorized officer of the taxpayer.
(B)
								If a taxpayer
			 uses a professional employer organization as defined in section
			  4125.01  of the Revised Code in
			 conjunction with the project as authorized under section
			  4125.042  of the Revised Code,
			 the taxpayer is responsible for collecting all appropriate information from the
			 professional employer organization necessary to complete the report to the
			 director identified in paragraph (A) of this rule and failure to do so will be
			 considered a taxpayer's failure to file.
(C) The taxpayer's
			 annual report shall be postmarked prior to or received by the director no later
			 than March first of each year immediately succeeding the calendar year that is
			 the subject of the annual report.
(D) Each taxpayer
			 shall maintain substantial operations at the project location for a time period
			 consistent with division (D)(3) of section
			  122.17  of the Revised Code.
			 During the post-term reporting period, the taxpayer shall submit an annual
			 certification to the director postmarked prior to or received by the director
			 no later than March first of each year succeeding the calendar year that is the
			 subject of the annual certification, the taxpayer shall submit to the director
			 a certification that includes, but is not limited to, information demonstrating
			 the taxpayer maintains operations at the project location and the total
			 full-time equivalent employees at the project location.
(E)
			 Each taxpayer and any professional employer
			 organization utilized in the project shall establish and maintain for at
			 least four years from the conclusion of the post-term reporting period such
			 records of the taxpayer and professional employer
			 organization that substantiate the employment, investment, and operations
			 on which the tax credits are granted and issued. Such records
			 include, but are not
			 limited to, records of personnel, wage records for employees at the project
			 location and conditions of employment. The taxpayer and
			 any professional employer organization shall organize and make available
			 such records for the review and verification of the director or the director's
			 representatives and appropriate state agencies or officials. The taxpayer
			 and any professional employer organization shall
			 permit such officials and their representatives to audit, examine and make
			 excerpts or transcripts from records maintained under this rule at any time
			 during normal business hours upon written notice as often as the director may
			 deem necessary. In the event the director determines a taxpayer has submitted
			 an annual report containing erroneous data or data not supported by the records
			 maintained under this rule, the director may, after providing notice, require
			 the taxpayer to resubmit corrected annual reports for the years in which such
			 reports were filed with the applicable fees described in rule 122:7-1-04 of  the Administrative Code. Thereafter, the director shall issue amended certificates consistent with amended data and report such amendments to the tax commissioner.
(F) If a taxpayer fails to file any complete annual
			 report during the term of the tax credit, as described in paragraph (A) of this
			 rule, within one hundred eighty days of the March first deadline, the taxpayer
			 may be deemed to have discontinued operations at the project location and shall
			 be subject to the refund provisions of division (K) of section
			  122.17  of the Revised Code. A
			 complete annual report shall be one that meets the requirements of paragraph
			 (H) of this
			 rule.
(G) If a taxpayer fails to file any complete annual post-term
			 reporting period annual certification, as described in paragraph (D) of this rule,
			 within one hundred eighty days of the March first deadline, the taxpayer may be
			 deemed to have discontinued operations at the project location and shall be
			 subject to the refund provisions of division (K) of section
			  122.17  of the Revised Code. A
			 complete annual certification shall be one that meets the requirements of
			 paragraph (H) of this rule.
(H) For the purposes
			 of this rule, a complete annual report or complete annual certification shall
			 mean an annual report or annual certification that complies with the filing
			 timeframes of paragraphs (C) and (D) of this rule and
			 includes all of the information required by paragraphs (A) and (D) of this rule in a
			 manner proscribed by the director.