TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 47

DEPARTMENT OF COMMERCE

67-4739.  APPLICATION — PROCESS — AGREEMENTS — REIMBURSEMENT. (1) A business entity may claim a refundable tax credit for creating a minimum number of new jobs in the state of Idaho. In order to be considered for participation, an applicant or its designated representative must submit an application to the director and shall include:

(a)  A complete description of the proposed project and the economic benefit that will accrue to the state as a result of the project;

(b)  A description or explanation of whether the project will occur or how it will be altered if the tax credit application is denied by the council;

(c)  Proof of a community match;

(d)   A letter from the tax commission confirming that the applicant is in good standing in the state of Idaho and is not in unresolved arrears in the payment of any state tax or fee administered by the tax commission;

(e)  A detailed statement with an estimate of Idaho goods and services to be consumed or purchased by the applicant during the term;

(f)  Known or expected detriments to the state or existing industries in the state;

(g)  An anticipated project inception date and proposed schedule of progress;

(h)  Proposed performance requirements and measurements that must be met prior to issuance of the tax credit;

(i)  A detailed description of the proposed capital investment;

(j)  A detailed description of jobs to be created, an approximation of the number of such jobs to be created and the projected average wage to be paid for such jobs;

(k)  A detailed description of the estimated new state tax revenues to be generated by the project;

(l)  Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section 63-3641 or 63-4408, Idaho Code, or is required to obtain a separate seller’s permit pursuant to chapter 36, title 63, Idaho Code; and

(m)  The federal employer identification or social security number for each individual or entity stated as the business entity in the agreement.

(2)  Upon satisfaction by the director that all requirements are met pursuant to this chapter, the director shall submit such application to the council. The council shall review the application, may request additional information and shall approve or reject the application. An approval or rejection from the council shall not be considered a contested case pursuant to chapter 52, title 67, Idaho Code; provided, however, that nothing in this section shall prohibit an aggrieved applicant from seeking judicial review as provided in chapter 52, title 67, Idaho Code.

(3)  If the council approves the application, the council shall instruct the director to enter into an agreement with the applicant with the terms of the council’s approval. If the council rejects an application, the applicant may reapply with a new application.

(4)  In the event a member of the council has a conflict of interest on an application that is before the council, the member shall fully disclose it to the council and abstain from any vote on the application.

History:

[67-4739, added 2014, ch. 336, sec. 1, p. 830; am. 2015, ch. 200, sec. 2, p. 611.]