reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part II - Procedures for Qualifying for General Tax Credit › Section 13VAC5-112-80 - Certification to Tax Commissioner in accordance with section 59.1-280 A of the Code of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall certify to the Commissioner of the Virginia Department of
				  Taxation, or in the case of public service companies to the Director of Public
				  Service Taxation for the State Corporation Commission, the applicability of the
				  tax credits requested by the firm; and forward the certification to the firm. A
				  copy should be retained for the firm's records. The firm shall file the
				  original with the applicable state tax return or returns. If the firm is not
				  eligible for qualification, the department shall notify the firm that it fails
				  to qualify for state tax incentives under this part.
B. Submission of state tax returns. A
				  business firm, upon receipt from the department of the certificate of its
				  qualification to receive state tax incentives, may file the applicable state
				  tax returns. In order for the Virginia Department of Taxation or the State
				  Corporation Commission to grant the incentive or incentives requested, the
				  appropriate copy of the certificate of qualification must be attached to the
				  firm's tax return.
When a partnership or small business corporation electing
					 to be taxed under Subchapter S of the federal Internal Revenue Code requests a
					 credit or credits against state individual income tax on behalf of its partners
					 or shareholders, each partner or shareholder must attach to its state
					 individual income tax return a photocopy of the appropriate certificate of
					 qualification received by the firm.
C. Denial of tax credit. Any certification by
				  the department pursuant to this section shall not impair the authority of the
				  Department of Taxation or State Corporation Commission to deny in whole or in
				  part any claimed tax credit if the Department of Taxation or State Corporation
				  Commission determines that the qualified business firm is not entitled to such
				  tax credit.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part II - Procedures for Qualifying for General Tax Credit › Section 13VAC5-112-90 - Anti-churning

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permanent
				  full-time employee shall not include any employee:
1. For which a credit under this chapter was
				  previously earned by a related party, as defined by the Internal Revenue Code
				  § 267(b) or a trade or business under common control;
2. Who was previously employed in the same
				  job function in Virginia by a related party, or a trade or business under
				  common control;
3. Whose job
				  function was previously performed at a different location in Virginia by an
				  employee of the taxpayer, a related party, or a trade or business under common
				  control;
4. Whose previous job
				  function previously qualified for a credit in connection with a different
				  enterprise zone locality on behalf of the taxpayer, a related party, or a trade
				  or business under common control;
5. Whose job function counted for purposes of
				  determining a 10% increase by an existing business firm and credited in an
				  earlier taxable year on behalf of the taxpayer, a related party, or a trade or
				  business under common control; or
6. Whose job function was filled in the
				  Commonwealth and the trade or business where this job function was located was
				  acquired or assumed by another taxpayer.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part II - Procedures for Qualifying for General Tax Credit › Section 13VAC5-112-100 - Pass-through entities

Current through Register Vol. 40, No. 24, July 15, 2024
The amount of any credit attributable to a partnership, S
					 corporation, or limited liability company shall be allocated to the individual
					 partners, shareholders, or members, respectively. The credit will be allocated
					 in the manner in which income is allocated for federal income tax
					 purposes.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-110 - Effective dates

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on July 1, 2005, a qualified large zone resident
					 shall be allowed a real property investment tax credit against taxes imposed by
					 Articles 2 (Individuals; § 58.1-320 et seq.) and 10 (Corporations; §
					 58.1-400 et seq.) of Chapter 3; Chapter 12 (Bank Franchise; § 58.1-1200
					 et. seq.); Article 1 (Insurance Companies; § 58.1-2500 et seq.) of Chapter
					 25, or Article 2 (Telegraph, Telephone, Water, Heat, Light, Power and Pipeline
					 Companies; § 58.1-2620 et seq.) of Chapter 26 of Title 58.1 of the Code of
					 Virginia, as provided in this chapter.
The provisions of this section shall apply only as
					 follows:
1. To those large qualified
				  zone residents that have initiated use of enterprise zone tax credits pursuant
				  to § 59.1-280.1 of the Code of Virginia on or before July 1,
				  2005;
2. To those large qualified
				  zone residents that have signed agreements with the Commonwealth regarding the
				  use of enterprise zone tax credits in accordance with § 59.1-280.1 of the
				  Code of Virginia on or before July 1, 2005.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-120 - Computation of credit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  large qualified zone resident shall be eligible for a credit in an amount of up
				  to 5.0% of the qualified zone investments. The zone real property investment
				  tax credit provided by this subsection shall not exceed the tax imposed for
				  such taxable year, but any tax credit not usable for the taxable year generated
				  may be carried over until the full amount of such credit has been utilized.
				  However, this incentive period shall not last beyond 2019 as specified in
				  § 59.1-280I of the Code of Virginia.
B. The percentage amount of the zone real
				  property investment tax credit granted to a large qualified zone resident must
				  have been determined by agreement between the department and the large
				  qualified zone resident, provided such percentage amount does not exceed
				  5.0%.
C. The percentage amounts of
				  the business income tax credit provided in
				  13VAC5-112-30 C that may be
				  granted to a large qualified business firm are also subject to agreement
				  between the department in the event that a large qualified zone resident is
				  also a large qualified business firm, provided such percentage amounts shall
				  not exceed the percentage amounts otherwise provided in
				  13VAC5-112-30 C.
D. Qualified zone improvements shall not
				  include the basis of any property:
(i) for
				  which a credit under this section was previously granted;
(ii) that was previously placed in service in
				  Virginia by the taxpayer, a related party, or a trade or business under common
				  control; or
(iii) that was
				  previously in service in Virginia and has a basis in the hands of the person
				  acquiring it, determined in whole or in part by reference to the basis of such
				  property in the hands of the person from whom acquired, or § 1014(a) of
				  the Internal Revenue Code.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-130 - Annual fiscal limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The total amount of tax credits awarded to
				  small and large qualified business firms in
				  13VAC5-112-20 and qualified large
				  zone residents under this section shall not exceed $7.5 million annually until
				  the end of fiscal year 2019 as provided for in §§ 59.1-280 and
				  59.1-280.1 of the Code of Virginia.
B. Upon receiving applications for tax
				  credits under this section and 13VAC-5-112 -20, the department shall determine
				  the amount of the tax credit to be allocated to each eligible business firm. In
				  the event that the amount of tax credits to which all applicants qualifying
				  under §§ 59.1-280 and 59.1-280.1 of the Code of Virginia are
				  eligible, exceeds $7.5 million annually, the tax credits shall be apportioned
				  among eligible applicants pro rata, based upon the amount of the tax credits to
				  which an applicant is eligible and the amount of tax credits available for
				  allocation.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-140 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. The use of zone
				  real property investment tax credits may be initiated in accordance with
				  13VAC5-112-120 C once the job
				  creation and investment identified in the negotiation have been
				  completed.
B. The business firm
				  must certify to the department on the prescribed form or forms, and other
				  documents as prescribed by the department, that the firm has met the criteria
				  for qualification prescribed in this section. The form or forms referred to in
				  this subsection must be prepared by an independent certified public accountant
				  licensed by the Commonwealth and shall serve as prima facie evidence that the
				  business firm met the qualifications, but the evidence of eligibility shall be
				  subject to rebuttal. The department or the Department of Taxation or State
				  Corporation Commission, as applicable, may at its discretion require any
				  business firm to provide supplemental information regarding the firm's
				  eligibility (i) as a qualified business firm or (ii) for a tax credit claimed
				  pursuant to
				  13VAC5-112-120 A.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-150 - Qualification in zones whose designation period is ending

Current through Register Vol. 40, No. 24, July 15, 2024
Large qualified zone residents located in a zone whose
					 designation period is ending that have a documented negotiation agreement with
					 the department and that have qualified by or before that the zone expiration
					 date may continue receive the tax credits until the negotiated tax credit
					 amount is reached, provided they continue to qualify under
					 13VAC5-112-110. This incentive
					 period shall not last beyond 2019 as specified in § 59.1-280I of the Code
					 of Virginia.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-160 - Anti-churning

Current through Register Vol. 40, No. 24, July 15, 2024
The following shall not be included in the calculation of
					 permanent full-time positions:
1. An
				  employee for whom a credit under this chapter was previously earned by a
				  related party, as defined by the Internal Revenue Code § 267(b) or a trade
				  or business under common control;
2. A position in which an employee filling
				  that position was previously employed in the same job function in Virginia by a
				  related party, or a trade or business under common control;
3. A job function that was previously
				  performed at a different location in Virginia by an employee of the taxpayer, a
				  related party, or a trade or business under common control;
4. A position that previously qualified for a
				  credit in connection with a different enterprise zone locality on behalf of the
				  taxpayer, a related party, or a trade or business under common control;
				  or
5. A position that was filled in
				  the Commonwealth of Virginia and the trade or business where that position was
				  located was purchased by another taxpayer.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-170 - Pass through entities

Current through Register Vol. 40, No. 24, July 15, 2024
The amount of any credit attributable to a partnership, S
					 corporation, or limited liability company shall be allocated to the individual
					 partners, shareholders, or members, respectively. The credit will be allocated
					 in the manner in which income is allocated for federal income tax
					 purposes.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-180 - Application submittal and processing

Current through Register Vol. 40, No. 24, July 15, 2024
A. For tax years that end on or before
				  December 31, or for businesses with tax years in accordance with § 441(f)
				  of the Internal Revenue Code on or before January 7 of the subsequent year,
				  applications requesting zone real property investment tax credits shall be
				  submitted to the department by no later than May 1 of the subsequent calendar
				  year. If the May 1 due date falls on a weekend or holiday, applications are due
				  the next business day. These applications must be signed by independent
				  certified public accountant licensed by the Commonwealth.
B. The department shall review all
				  applications for completeness and notify business firms of any errors by no
				  later than June 1. Business firms must respond to any unresolved issues by no
				  later than June 15. If the department does not meet its June 1 date for
				  notification, then businesses must respond to any unresolved issues within 10
				  calendar days of the actual notification. The department shall notify all
				  applicants by June 30 as to the amount of applicable credit it is eligible for
				  in the taxable year the request was made.
C. Applications must be made on forms
				  prescribed by the department, and either hand-delivered by the date specified
				  in this section or sent by certified mail with a return receipt requested and
				  postmarked no later than the date specified in this section.
D. Applicants may only apply for credits that
				  they are otherwise eligible to claim for such taxable year, subject to the
				  limitations provided by
				  13VAC5-112-40 and
				  13VAC5-112-130.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part III - Procedures for Qualifying for Zone Real Property Investment Tax Credit › Section 13VAC5-112-190 - Certification to Tax Commissioner in accordance with section 59.1-280 B of the Code of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall certify to the Commissioner of the Virginia Department of
				  Taxation, or in the case of public service companies to the Director of Public
				  Service Taxation for the State Corporation Commission, the applicability of the
				  tax credits requested by the firm; and forward the certification to the firm,
				  which should make a copy for its records and file original with the applicable
				  state tax return or returns or notify the firm that it fails to qualify for
				  state tax incentives under Part II (13VAC5-112-20 et seq.) of this
				  chapter.
B. Submission of state tax
				  returns. A business firm, upon receipt from the department of the certificate
				  of its qualification to receive state tax incentives, may file the applicable
				  state tax returns. In order for the Virginia Department of Taxation or the
				  State Corporation Commission to grant the incentive or incentives requested,
				  the appropriate copy of the certificate of qualification must be attached to
				  the firm's tax return.
When a partnership or small business corporation electing
					 to be taxed under Subchapter S of the federal Internal Revenue Code requests a
					 credit or credits against state individual income tax on behalf of its partners
					 or shareholders, each partner or shareholder must attach to its state
					 individual income tax return a photocopy of the appropriate certificate of
					 qualification received by the firm.
C. Any certification by the department
				  pursuant to this section shall not impair the authority of the Department of
				  Taxation or State Corporation Commission to deny in whole or in part any
				  claimed tax credit if the Department of Taxation or State Corporation
				  Commission determines that the qualified business firm is not entitled to such
				  tax credit. The Department of Taxation or the State Corporation Commission
				  shall notify the department in writing upon determining that a business firm is
				  ineligible for such a tax credit.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-260 - Effective dates

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on July 1, 2005, a business firm shall be
					 eligible to receive enterprise zone job creation grants for the creation of new
					 permanent full-time positions above the threshold number.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-270 - Computation of grant amount

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  For any qualified business the grant amount is calculated as follows:
1. $800 per year for up to five consecutive
				  years for each grant-eligible position that is paid a wage rate during the
				  qualification year that is at least of 175% of the minimum wage in place during
				  the qualification year, and that is provided with health benefits, or
2. $500 per year for up to five years for
				  each grant-eligible position that is paid a wage rate during such year that is
				  less than 175% of the minimum wage, but at least 150% of the minimum wage or
				  the reduced wage rate threshold if in a high unemployment area or if the
				  business is certified pursuant to
				  13VAC5-112-285
				  subsection C, and that is provided with health benefits.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-280 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. A business firm
				  shall be eligible to receive job creation grants for five consecutive years
				  beginning with the first year of grant eligibility for permanent full-time
				  positions created above the threshold number. Additional permanent full-time
				  positions created during the remainder of years in the grant period are
				  eligible for additional grant funding over the previous year's level or such
				  positions may be used instead to begin a subsequent grant period pursuant to
				  subsection B of this section.
B. A
				  business firm may be eligible for subsequent five consecutive calendar-year
				  grant periods if it creates new grant-eligible positions above the threshold
				  number for its subsequent base year.
1. If a
				  second or subsequent five-year grant period is requested within two years of
				  the previous grant period, the subsequent base year will be the last grant
				  year. The calculation of this subsequent base year employment will be
				  determined by the number of permanent full-time positions in the preceding base
				  year, plus the number of threshold positions, plus the number of grant-eligible
				  positions in the final year of the previous grant period.
2. If a business firm applies for subsequent
				  five consecutive calendar-year grant periods beyond the two years immediately
				  following the completion of the previous five-year grant period, the business
				  firm shall use one of the two preceding calendar years as the subsequent base
				  year, at the choice of the business firm.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-285 - Eligibility for reduced wage rate threshold

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to each qualification year, the
				  department shall prepare the list of enterprise zone localities that are high
				  unemployment areas that shall be used in determining eligibility for reduced
				  wage rate thresholds for that qualification year.
B. Qualified business firms located in an
				  enterprise zone listed as a high unemployment area are eligible to use the
				  reduced wage rate threshold (125% of minimum wage) in qualifying for the $500
				  grant amount.
C. Qualified business
				  firms that are certified under regulations adopted by the Director of the
				  Department of Small Business and Supplier Diversity pursuant to subdivision 8
				  of § 2.2-1606 of the Code of Virginia are eligible to use the reduced wage
				  rate threshold (125% of minimum wage) in qualifying for the $500 grant
				  amount.
D. Once a qualified
				  business is eligible for the reduced wage rate threshold it remains so through
				  the end of its current five consecutive calendar-year grant period, regardless
				  of changes to the unemployment rate of the enterprise zone locality.
Statutory Authority: § 59.1-541 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-300 - Accuracy and validity of information

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may at any time review
				  qualified zone businesses records related to qualification under this section
				  to assure that information provided in the application process is
				  accurate.
B. Qualified zone
				  businesses shall maintain all documentation regarding qualification for
				  enterprise zone job creation grants for at least one year after the final year
				  of their five-year grant period.
C.
				  Job creation grants that do not have adequate documentation regarding permanent
				  full-time positions, wage rates and provision of health benefits may be subject
				  to repayment by the qualified zone business.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-310 - Anti-churning

Current through Register Vol. 40, No. 24, July 15, 2024
No grant shall be allowed for any permanent full-time
					 position:
1. That a grant under this
				  chapter was previously earned by a related party, as defined by the Internal
				  Revenue Code § 267(b), or a trade or business under common
				  control;
2. Where an employee
				  filling that position was previously employed in the same job function in
				  Virginia by a related party, or a trade or business under common
				  control;
3. That was previously
				  performed at a different location in Virginia by an employee of the taxpayer, a
				  related party, or a trade or business under common control;
4. That previously qualified for a grant in
				  connection with a different enterprise zone locality on behalf of the taxpayer,
				  a related party, or a trade or business under common control; or
5. That was filled in the Commonwealth of
				  Virginia and the trade or business where that position was located was
				  purchased by another taxpayer.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IV - Procedures for Qualifying for Enterprise Zone Job Creation Grants › Section 13VAC5-112-320 - Qualification in zones whose designation period is ending

Current through Register Vol. 40, No. 24, July 15, 2024
Business firms located in a zone whose designation period
					 is ending that have qualified by or before the zone expiration date may receive
					 the balance of their five consecutive year incentive period provided they
					 continue to qualify under
					 13VAC5-112-270 and
					 13VAC5-112-280. Firms may initiate
					 a five-year grant period based on grant-eligible positions created up to the
					 date of the zone expiration date notwithstanding
					 13VAC5-112-290. Business firms may
					 not begin additional five-year grant period after the zone expiration
					 date.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part V - Procedures for Qualifying for Real Property Investment Grant › Section 13VAC5-112-330 - Effective dates

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on July 1, 2005, a qualified zone investor shall
					 be allowed a real property investment grant. Units of local, state and federal
					 government or political subdivisions shall not be considered qualified zone
					 investors.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part V - Procedures for Qualifying for Real Property Investment Grant › Section 13VAC5-112-350 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Only office,
				  commercial or industrial or mixed use real property is eligible. A mixed-use
				  building where the office, commercial or industrial use is less than 30% shall
				  not be eligible for this grant.
B.
				  A qualified zone investor shall apply for a real property investment grant in
				  the calendar year following the year in which the property was placed in
				  service provided that:
1. The total amount of
				  the rehabilitation or expansion of depreciable office, commercial or industrial
				  or mixed use real property placed in service during the calendar year within
				  the enterprise zone equals or exceeds $100,000 with respect to a building or
				  facility.
2. The cost of any newly
				  constructed depreciable office, commercial or industrial or mixed-use real
				  property (as opposed to rehabilitation or expansion) is at least $500,000 with
				  respect to a building or facility.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part V - Procedures for Qualifying for Real Property Investment Grant › Section 13VAC5-112-360 - Qualification in zones whose designation period is ending

Current through Register Vol. 40, No. 24, July 15, 2024
In the case of zones whose designation period is ending,
					 zone investors must apply for qualified real property investments that were
					 placed in service prior to the zone expiration date to receive a real property
					 investment grant notwithstanding
					 13VAC5-112-350 B. Zone investors
					 may not qualify for investments made after the zone expiration
					 date.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part V - Procedures for Qualifying for Real Property Investment Grant › Section 13VAC5-112-370 - Intrastate Anti-Piracy Rule

Current through Register Vol. 40, No. 24, July 15, 2024
Real property investment grants will not be available to
					 assist a Virginia qualified zone investor to relocate from one area of Virginia
					 to another unless there is an increase in employment or building square footage
					 for the qualified zone investor.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part V - Procedures for Qualifying for Real Property Investment Grant › Section 13VAC5-112-390 - Accuracy and validity of information

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may at any time review
				  qualified zone investors records related to qualification to assure that
				  information provided in the application process is accurate.
B. Qualified zone investors shall maintain
				  all documentation regarding qualification for enterprise zone incentive grants
				  for a minimum of three years following the receipt of any grant.
C. Real property investment grants that do
				  not have adequate documentation regarding qualified real property investments
				  may be subject to repayment by the qualified zone investor.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VI - Policies and Procedures for Enterprise Zone Grants › Section 13VAC5-112-400 - Allocating enterprise zone grants

Current through Register Vol. 40, No. 24, July 15, 2024
A. Qualified business firms and qualified
				  zone investors shall be eligible to receive enterprise zone grants provided for
				  in 13VAC5-112-260 and
				  13VAC5-112-330 to the extent that
				  they apply for and are approved for grant allocations through the
				  department.
B. Upon receiving
				  applications for grants provided for under
				  13VAC5-112-260 and
				  13VAC5-112-330, the department
				  shall determine the amount of the grant to be allocated to each eligible
				  business firm and zone investor.
C.
				  The department shall prioritize allocations to fully fund the grants under
				  13VAC5-112-260 with any remaining
				  funds to be allocated to grants under
				  13VAC5-112-330. In such cases, the
				  amount of the grant that each qualified zone investor is eligible for under
				  13VAC5-112-330 shall be prorated
				  in a proportional manner based on the funds remaining in the annual
				  appropriation after full payment of the grants under
				  13VAC5-112-260.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VI - Policies and Procedures for Enterprise Zone Grants › Section 13VAC5-112-410 - Actions of the department

Current through Register Vol. 40, No. 24, July 15, 2024
Actions of the department relating to the approval or
					 denial of applications for enterprise zone grants under this section shall be
					 exempt from the provisions of the Administrative Process Act pursuant to
					 subdivision B 4 of § 2.2-4002 of the Code of Virginia.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VII - Enterprise Zone Designation › Section 13VAC5-112-420 - Status of enterprise zones designated prior to July 1, 2005

Current through Register Vol. 40, No. 24, July 15, 2024
All enterprise zones designated pursuant to §§
					 59.1-274, 59.1-274.1, and 59.1-274.2 of the Code of Virginia as those that were
					 in effect prior to July 1, 2005, shall continue in effect until the end of
					 their designation period. Such zones shall be governed by the provisions of
					 Chapter 49 (§
										59.1-438 et seq.) of
					 Title 59.1 of the Code of Virginia.
Statutory Authority: §
												59.1-541 of
						the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VII - Enterprise Zone Designation › Section 13VAC5-112-430 - Eligible applicants for zone designation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligible applicants include the governing
				  body of any county or city.
B.
				  Towns are not eligible applicants. However, county applicants may include
				  acreage in an incorporated town as part of the county's proposed enterprise
				  zone provided that the town is located within the applicant county. In such
				  situations, towns may provide local incentives in addition to the county
				  incentives.
C. Two or more adjacent
				  localities may file a joint application for an enterprise zone.
D. Jurisdictions may apply for more than one
				  enterprise zone designation. This includes the submission of a joint
				  application with other jurisdictions. Each jurisdiction is limited to a total
				  of three enterprise zones.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VII - Enterprise Zone Designation › Section 13VAC5-112-440 - Zone eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. To be eligible for consideration, an
				  application for an enterprise zone must meet the requirements set out in this
				  section.
B. Enterprise zones may
				  consist of no more than three noncontiguous areas. The size of the enterprise
				  zone shall consist of the total of the acreage of all noncontiguous areas. The
				  maximum combined land area cannot exceed maximum size guidelines set forth in
				  subdivisions C 1, 2, 3 and, 4, and 5 of this section.
C. All proposed zones shall conform to the
				  following size guidelines:
1. Cities --
				  minimum: 1/4 square mile (160 acres); maximum: 1 square mile (640 acres) or
				  7.0% of the jurisdiction's land area or an area that includes 7.0% of the
				  population, whichever is largest.
2. For towns designated as enterprise zones
				  under former §§ 59.1-272 through 59.1-278,
				  59.1-279.1, or
				  59.1-280.2 through
				  59.1-284 of the Enterprise Zone Act (§ 59.1-270 et seq. of the Code of
				  Virginia), the size of an enterprise zone shall conform to the size
				  requirements for cities in subdivision 1 of this subsection.
3. Unincorporated areas of counties --
				  minimum: 1/2 square mile (320 acres); maximum: 6 square miles (3,840
				  acres).
4. Consolidated cities --
				  zones in cities the boundaries of which were created through the consolidation
				  of a city and county or the consolidation of two cities shall conform
				  substantially to the minimum and maximum size guidelines for unincorporated
				  areas of counties as set forth in subdivision 3 of this subsection.
5. In no instance shall a zone consist only
				  of a site for a single business firm.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VII - Enterprise Zone Designation › Section 13VAC5-112-450 - Relationship to federal empowerment zone program

Current through Register Vol. 40, No. 24, July 15, 2024
For enterprise zones designated by the Governor that have
					 been enlarged to conform with the boundaries of a federal empowerment zone, the
					 state enterprise zone designation shall continue until the expiration of the
					 area's federal empowerment zone designation, unless earlier terminated as
					 provided in this chapter.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VIII - Procedures and Requirements for Zone Designations › Section 13VAC5-112-460 - Procedures for zone application and designation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon recommendation of the Director of the
				  Department of Housing and Community Development, the Governor may designate up
				  to 30 enterprise zones in accordance with the provisions of this section. Such
				  designations are to be done in coordination with the expiration of existing
				  zones designated under earlier Enterprise Zone Program provisions or the
				  termination of designations pursuant to
				  13VAC5-112-510,
				  13VAC5-112-520,
				  and
				  13VAC5-112-530
				  D.
B. Applications for zone
				  designation will be solicited by the department on a competitive basis in
				  accordance with the following procedures and requirements:
1. An application for zone designation must
				  be submitted on Form EZ-1 to the Director, Virginia Department of Housing and
				  Community Development, 600 East Main Street, Suite 300, Richmond, Virginia
				  23219, on or before the submission deadline established by the
				  department.
2. Each applicant
				  jurisdiction must hold at least one public hearing on the application for zone
				  designation prior to submission of the application to the department.
				  Notification of the public hearing is to be in accordance with §
											15.2-2204
				  of the Code of Virginia, relating to advertising of public hearings. An actual
				  copy of the advertisement must be included in the application.
3. In order to be considered in the
				  competitive zone designation process, an application from a jurisdiction must
				  include all the requested information, be accompanied by a resolution of the
				  local governing body, and be signed by the chief administrator or the clerk to
				  county board of supervisors where there is no chief administrator. The chief
				  administrator or clerk, in signing the application, must certify that the
				  applicant jurisdiction held the public hearing required in subdivision 2 of
				  this subsection.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VIII - Procedures and Requirements for Zone Designations › Section 13VAC5-112-470 - Procedures and requirements for joint applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Two or more adjacent localities may file a
				  joint application for an enterprise zone as provided for in
				  13VAC5-112-430 and must meet the
				  requirements set out in this section.
B. Localities applying for a joint zone must
				  demonstrate a regional need for an enterprise zone and a regional impact that
				  could not be achieved through a single jurisdiction zone.
C. Applicants for a joint zone shall also
				  specify what mechanisms will be used to ensure that the economic benefits of
				  such a zone are shared among the applicant localities.
D. A joint enterprise zone shall consist of
				  no more than three noncontiguous zone areas for each participating
				  locality.
E. Each jurisdiction
				  comprising the proposed joint enterprise zone may have the maximum acreage as
				  specified by the size guidelines in
				  13VAC5-112-440.
F. The applicants may designate one
				  jurisdiction to act as program administrator. The jurisdiction so designated
				  shall be responsible for filing annual reports as provided for in
				  13VAC5-112-560.
G. In order to submit a joint application,
				  Form EZ-1 must be completed and filed by the jurisdiction acting as program
				  administrator in accordance with the procedures set forth in subdivision B 1
				  through 3 of
				  13VAC5-112-460. In addition, a
				  copy of Form EZ-1-JA must be completed by each of the other participating
				  jurisdictions to certify that they are in agreement in filing the joint
				  application. A copy or copies of Form EZ-1-JA must be submitted to the
				  department with Form EZ-1.
H. The
				  applicants must meet all other requirements of these regulations pertaining to
				  applicants. In the case of joint applications, all references to "applicant"
				  and "local governing body" contained in the text of these regulations shall
				  mean the governing body of each participating jurisdiction.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part VIII - Procedures and Requirements for Zone Designations › Section 13VAC5-112-480 - Application considerations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Consideration for enterprise zone designations shall be based upon the
				  localitywide need and impact of such a designation.
B. Need shall be assessed in part by the
				  following distress factors:
(i) the average
				  unemployment rate for the locality over the most recent three-year period,
(ii) the average median adjusted
				  gross income for the locality over the most recent three-year period, and
(iii) the average percentage of
				  public school students within the locality receiving free or reduced price
				  lunches over the most recent three-year period. These distress factors shall
				  account for at least 50% of the consideration given to local governments for
				  enterprise zone designation.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IX - Procedures for Zone Amendment › Section 13VAC5-112-495 - Redesignation of certain joint enterprise zones

Current through Register Vol. 40, No. 24, July 15, 2024
A. Existing joint enterprise zones consisting
				  of two localities may be redesignated for the purpose of expanding the zone
				  provided (i) all of the local governing bodies of the localities in which the
				  proposed redesignated zone will be located have submitted resolutions to the
				  department supporting the proposed redesignation and application for
				  redesignation of the joint enterprise zone and (ii) the area of the locality
				  added to the redesignated zone is contiguous to the existing joint enterprise
				  zone and includes a revenue-sharing district that has experienced the loss of
				  900 permanent full-time positions within a 12-month period.
B. When a county or city was previously added
				  to an existing enterprise zone to create a joint enterprise zone, the
				  department shall redesignate the enterprise zone when the term of the joint
				  enterprise zone expires. The duration of the enterprise zone redesignated
				  pursuant to this subsection shall be equal to the length of time the original
				  enterprise zone existed before the county or city was added to create the joint
				  enterprise zone.
C. Any
				  redesignation of an existing joint enterprise zone shall be in compliance with
				  all applicable regulations of the Board of Housing and Community
				  Development.
Statutory Authority
§ 59.1-541 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part X - Procedures for Annual Review › Section 13VAC5-112-500 - Annual review of enterprise zones

Current through Register Vol. 40, No. 24, July 15, 2024
A. Annually, the department will review the
				  performance and effectiveness of each enterprise zone in creating new jobs,
				  encouraging private investment and usage of state incentives based on
				  information provided by the locality(s) in their annual report pursuant to
				  13VAC5-112-550 and during periodic
				  on-site visit. The department shall notify the locality(s) of any concerns and
				  make recommendations for improvement where necessary.
B. The department shall annually provide
				  enterprise zone localities with a current listing of all qualified business
				  firms, qualified large zone residents and qualified zone investors.
Statutory Authority
§ 59.1-541 of the Code of Virginia.