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 ...  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY
    Division of Strategic Business Development

    RULE NO.: RULE TITLE:
    73A-4.001: Definitions and Forms
    73A-4.002: Qualification Process

    PURPOSE AND EFFECT: To qualify as a taxpayer who is eligible to apportion its adjusted federal income under Section 220.153, FS., 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 must be established by rule.

    SUBJECT AREA TO BE ADDRESSED: Development of forms, processes, and rules for submitting the taxpayer’s notice of intent to apply and the application to qualify to apportion adjusted federal income.

    RULEMAKING AUTHORITY: 220.153(5) FS.

    LAW IMPLEMENTED: 220.153 FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Karl Blischke, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, (850)717-8962

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 Section 220.153, FS.

    (2) “Application” means the standard “Apportionment by Sales Factor Application” form DSBD 153-2, 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, 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 Section 220.153, FS. 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 Section 220.153, FS.

    (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_________.

Document Information

Subject:
Development of forms, processes, and rules for submitting the taxpayer’s notice of intent to apply and the application to qualify to apportion adjusted federal income.
Purpose:
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 must be established by rule.
Rulemaking Authority:
220.153(5), FS.
Law:
220.153, FS.
Contact:
Karl Blischke, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, (850) 717-8962.
Related Rules: (2)
73A-4.001. Definitions and Forms
73A-4.002. Qualification Process