Definitions and Forms, Qualification Process

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Strategic Business Development

RULE NO.:RULE TITLE:

73A-4.001:Definitions and Forms

73A-4.002:Qualification Process

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. 39 No. 65, April 3, 2013 issue of the Florida Administrative Register.

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 submit a Notice of Intent, form DSBD 153-1, to 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 Aapplication has commenced.

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

(3)(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 ___________.