62-788.311. Site Rehabilitation Completion Order Bonus Voluntary Cleanup Tax Credit Application Process

(1) Tax credit applicants that complete site rehabilitation at a contaminated site and receive an SRCO are eligible to receive an additional tax credit, which shall be calculated using the percentage and the amount for the SRCO Bonus Tax Credit Type in Table 1, based upon the total site rehabilitation costs that the Department has determined eligible for the VCTC in previous site rehabilitation applications (or current, if final year costs are claimed at the same time as the SRCO bonus). To receive the SRCO bonus tax credit, the tax credit applicant shall submit a copy of the SRCO with its application form, excluding previously submitted annual site rehabilitation cost documentation. However, in order for the tax credit applicant to claim the SRCO bonus tax credit in the same year as the final year’s annual site rehabilitation costs, the tax credit applicant must submit its claim for both the final year’s site rehabilitation costs and the SRCO bonus tax credit in the same application. If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of total site rehabilitation costs.

(2) The tax credit applicant, or multiple tax credit applicants working jointly, must claim the SRCO bonus tax credit within one calendar year of the SRCO being issued. The tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application is true and correct;

(b) If the application is submitted by the real property owner, then the Real Property Owner Affidavit section of the application form [Section II.D. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] must also be completed and signed by the real property owner stating that it is not, and has never been, the owner or operator of the drycleaning facility where the contamination exists;

(c) A copy of the SRCO pursuant to subsection 62-788.311(1), F.A.C.;

(3) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22.