To qualify as a taxpayer who is eligible to apportion its adjusted federal income under section 220.153, F.S., the taxpayer must notify the Division of Strategic Business Development (Division) of its intent to submit an application. The taxpayer ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Strategic Business Development

RULE NOS.:RULE TITLES:
73A-4.001Definitions and Forms
73A-4.002Qualification Process
PURPOSE AND EFFECT: To qualify as a taxpayer who is eligible to apportion its adjusted federal income under Section 220.153, F.S., the taxpayer must notify the Division of Strategic Business Development (Division) of its intent to submit an application. The taxpayer must submit an application to apportion its adjusted federal income to the Division within 2 years after notifying the office of the taxpayer’s intent to qualify. The taxpayer notice and application forms are established by the rule and allow a taxpayer to notify the Division of its intent to submit an application and instructs a taxpayer on how to apply to apportion its adjusted federal income.
SUMMARY: A taxpayer who believes they are eligible to qualify for an apportionment of their adjusted federal income under Section 220.153, F.S., must notify the Division of Strategic Business Development (Division) of their intent to submit an application. The rule provides an application to the taxpayer and explains to the taxpayer how to submit the application to apportion its adjusted federal income to the Division. The taxpayer notice and application forms are established by the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has performed a review of the statutory requirements and has determined that its proposed Rules 73A-4.001 and .002 have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The rules are therefore expected be able to take effect without the need of being ratified by the Legislature.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 220.153(5) FS.
LAW IMPLEMENTED: 220.153 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karl Blischke, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

73A-4.001 Definitions and Forms.

The following capitalized terms have the meanings indicated. Referenced forms are available on the Internet at http://www.floridajobs.org or may be obtained from the Division.

(1) “Applicant” means a taxpayer that applies to qualify as eligible to apportion its adjusted federal income under s. 220.153, F. S.

(2) “Application” means the standard “Apportionment by Sales Factor Application” form DSBD 153-2, effective 4/2012, which is hereby incorporated by reference.

(3) ”Division” means the Department of Economic Opportunity, Division of Strategic Business Development, which is located at the address: Suite 1902, The Capitol, 402 S. Monroe Street, Tallahassee, Florida 32399-0001.

(4) “Notice of Intent” means the standard “Notice of Intent to Apply for Apportionment by Sales Factor” form DSBD 153-1, effective 4/2012, which is hereby incorporated by reference.

Rulemaking Authority 220.153(5) FS. Law Implemented 220.153 FS. History-New___________.

 

73A-4.002 Qualification Process.

(1) An Applicant must notify the Division in writing of its intent to submit an Application to apportion its adjusted federal income in order to commence the two year period for measuring qualified capital expenditures. The notice shall state the Applicant’s intent to submit an Apportionment Application pursuant to s. 220.153, F.S. and include the name of the taxpayer and Federal Employer Identification Number.

(2) The Division shall acknowledge in writing receipt of the Applicant’s Notice of Intent to apply and specify that the two year period for submitting the application has commenced.

(3) The Division shall evaluate each complete Application in accordance with the requirements of s. 220.153, F.S.

(4) The Division shall have ten (10) business days to review each Application for completeness and to notify any Applicant in writing if the Division determines that it is incomplete. The Division’s notice shall specify the reasons for its determination, and the Applicant shall have fifteen (15) business days after receipt of such notice to submit a revised Apportionment Application to the Division. If the Applicant fails to submit a revised Apportionment Application within the required time, the Division shall notify the Applicant in writing that it is not approved.

The Division shall notify the Florida Department of Revenue of any approved Application.

Rulemaking Authority 220.153(5) FS. Law Implemented 220.153 FS. History-New ___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karl Blischke, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 28, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2012