Florida Renewable Energy Technologies Sales Tax Refund, Florida Renewable Energy Technologies Investment Tax Credit, Florida Renewable Energy Production Tax Credit

Notice of Change/Withdrawal

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Office of Energy

RULE NOS.:RULE TITLES:

5O-2.001Florida Renewable Energy Technologies Sales Tax Refund

5O-2.002Florida Renewable Energy Technologies Investment Tax Credit

5O-2.003Florida Renewable Energy Production Tax Credit

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 240, December 12, 2014 issue of the Florida Administrative Register.

 

5O-2.001 Florida Renewable Energy Technologies Sales Tax Refund.

(1) No change.

(2) No change.

(3) No change.

(4) A taxpayer seeking a Renewable Energy Technologies Sales Tax Refund must apply to the Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a Florida Renewable Energy Technologies Sales Tax Refund Application, FDACS-01917, (Rev. 1/15)(Rev. 11/14).

(b) through (h) No change.

(5) No change.

(6) No change.

(7) Within 30 days of receipt of an application, the Office will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. If the Office determines that the applicant is eligible for refund, the Office will return the original application with the certification of eligibility box completed as a written certification that the applicant is eligible for a refund. If the Office determines that the application is incomplete, the Office will issue a written notification to the applicant that the application was determined to be incomplete and will include a description of the application’s deficiencies. The taxpayer will be allowed to submit a corrected application which that will be treated as a new application and reviewed in the order that it is received. Supporting documentation will not be returned to applicants. The Office will provide the Florida Department of Revenue a copy of each certification issued upon approval of an application.

(8) No change.

(9) No change.

(10) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Sales Tax Refund Application, Form FDACS-01917, (Rev. 1/15)(Rev. 11/14) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04967 http://www.flrules.org/Gateway/reference.asp?No=Ref-02447.

Rulemaking Authority 212.08(7)(hhh)4.f. FS. Law Implemented 212.08(7)(hhh) FS. History–New 5-2-13, Amended_____.

 

5O-2.002 Florida Renewable Energy Technologies Investment Tax Credit.

(1) Pursuant to Section 220.192, F.S., this rule allows an eligible taxpayer to seek a credit for corporate income taxes in an amount equal to 75 percent of all eligible costs. Eligible costs are capital costs, operation and maintenance costs, and research and development costs incurred and paid between July 1, 2012, and June 30, 2016, made in connection with an investment in the production, storage, and distribution of biodiesel (B10-B100), as defined in Rule 5F-2.001, F.A.C., ethanol (E10-E100), as defined in Rule 5F-2.001, F.A.C., and other renewable fuel in the state as defined in Section 220.192, F.S. This rule does not apply to the tax return filing process regulated by the Florida Department of Revenue.

(a) through (e) No change.

(2) No change.

(3) A taxpayer seeking a Renewable Energy Technologies Investment Tax Credit must apply to the Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 1/15)(Rev. 11/14).

(b) through (d) No change.

(e) Applications must include a summary that describes how the costs included in the application are being used in connection with an investment in the production, storage, and distribution of biodiesel (B10-B100), ethanol (E10-E100) or other renewable fuels in Florida, including the costs of constructing, installing, and equipping such technologies. The summary must also include the location where the investment occurred and any other relevant information.

(f) Applications must include an itemized list of eligible costs that includes:

1. Page numbers of the invoices and corresponding proof of payment;

2. Invoice date;

3. Invoice number;

4. Method of payment;

5. Payment date;

6. Description of the cost;

7. If the cost was incurred under capital costs, operation and maintenance costs, or research and development costs; and

8. A separate subtotal for capital costs; operation and maintenance costs, and research and development costs.

9. A subtotal for operation and maintenance costs;

10. A subtotal for research and development costs; and

11. A total of all eligible costs.

(g) through (h) No change.

(4) No change.

(5) Each fiscal year of the program, a taxpayer is allowed to submit one Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 1/15)(Rev. 11/14) based on eligible costs incurred in a particular fiscal year.

(6) through (7) No change.

(8) The Office may request additional or clarifying information or documentation from the applicant.  Applicants are encouraged to respond in a timely manner. The Office will continue to review applications in the first-come, first-served application line. Once the applicant has successfully completed and returned the request for additional or clarifying information or documentation, the application will be added back to the first-come, first-served application line based upon the date the completed request is received by the Office.

(9) through (11) No change.

(12) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Office will grant any remaining credits in that particular state fiscal year to the next application in the first-come, first-served application line and return the original application with the certification of eligibility box completed as a written certification that the applicant is eligible for a partial tax credit. Pursuant to Section 220.192(4), F.S., the applicant must reapply for the next fiscal year of the program in order to receive a tax credit for the remaining approved amount. Supporting documentation is not required for applications that the Office has determined meets the qualifying statute and rule criteria and are reapplying due to exhaustion of funds within a particular state fiscal year. Applications that the Office determined meets the qualifying statute and rule criteria, but did not receive a credit due an exhaustion of funding will keep their place in the first-come, first served application line for the next fiscal year. This application will remain in the first-come, first-served application line for the next state fiscal year of the program in order to receive a second partial tax credit, if any, for the remaining approved amount. The second partial tax credit granted in the next state fiscal year of the program will not be counted as the one application each taxpayer is allowed to submit per state fiscal year of the program.

(13) Pursuant to Section 220.192(4), F.S., iIf an eligible applicant does not receive a tax credit allocation due to an exhaustion of the annual tax credit appropriation within a particular state fiscal year of the program, the applicant must reapply for the next fiscal year of the program in order to receive a tax credit, if any credits are available. Supporting documentation is not required for applications that the Office determined meets the qualifying statute and rule criteria, but did not receive a credit due an exhaustion of funding. Applications that the Office determined meets the qualifying statute and rule criteria, but did not receive a credit due an exhaustion of funding will keep their place in the first-come, first served application line for the next fiscal year.  its application will remain in the first-come, first-served application line order to receive a tax credit, if funding is available, for the next state fiscal year of the program. Written certifications that the applicant is eligible for a tax credit will not be issued before July 1 of the following state fiscal year under which the tax credit is granted.

(14) through (15) No change.

(16) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 1/15)(Rev. 11/14) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04968 http://www.flrules.org/Gateway/reference.asp?No=Ref-02448.

Rulemaking Authority 220.192(7) FS. Law Implemented 220.192 FS. History–New 5-2-13, Amended _____.

 

5O-2.003 Florida Renewable Energy Production Credit.

(1) through (2) No change.

(3) A taxpayer seeking a Renewable Energy Production Tax Credit must apply to the Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 1/15)(Rev. 11/14).

(b) - (i) No change.

(4) – (9) No change.

(10) Materials Incorporated by Reference. The Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 1/15)(Rev. 11/14) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04969 http://www.flrules.org/Gateway/reference.asp?No=Ref-02449.

Rulemaking Authority 220.193(6) FS. Law Implemented 220.193 FS. History–New 5-2-13,Amended _____.