STATE GOVERNMENT AND STATE AFFAIRS
DEPARTMENT OF COMMERCE
67-4741. APPLICANT’S ANNUAL REPORTING PROCEDURE. (1) On an annual basis during the term of the project, the applicant shall submit to the department reporting information outlined in the agreement that shall include, but not be limited to, the following:
(a) Supporting documentation of the new state revenues from the applicant’s new project that were paid during the preceding tax year;
(b) Supporting documentation of the new jobs that were created during the preceding tax year;
(c) A document that expressly directs and authorizes the tax commission and department of labor to allow the department access to the applicant’s returns and other information that may be necessary to verify or otherwise confirm the declared new state revenues;
(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) 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
(f) Supporting documentation that the business entity has satisfied the measurements and requirements outlined in the agreement.
(2) If, after review and audit of the information provided by the applicant, or after review of the ongoing performance of the applicant, the department determines that the information is inadequate to provide a reasonable justification for authorizing or continuing a tax credit, the department shall:
(a) Deny the tax credit for such tax year;
(b) Terminate the agreement for failure to meet the performance standards established in the agreement; or
(c) Inform the applicant that the returns or other information are inadequate and request the applicant to submit additional documentation.
(3) If, after review and/or audit of the information provided by the applicant, the department determines that the information provided by the applicant provides reasonable justification for authorizing a tax credit, the department shall, based upon the returns and other information:
(a) Determine the amount of the tax credit to be granted to the applicant, which amount shall be the lowest approved percentage that will incentivize creation of new jobs and new state revenue;
(b) Issue a tax credit authorization to the applicant; and
(c) Provide a duplicate copy of the tax credit authorization to the tax commission.
(4) No applicant may claim a tax credit unless the applicant has a tax credit authorization issued by the department. An applicant may claim a tax credit in the amount listed on the tax credit authorization on its tax return.
[67-4741, added 2014, ch. 336, sec. 1, p. 832; am. 2015, ch. 200, sec. 4, p. 613.]