Ohio Admin. Code 122:28-1-03 - Reporting
(A)
Annual reporting to the director
(1)
Original grantee
will submit to the director an annual report indicating:
(a)
the total new
payroll of grantees at the project site for the preceding calendar
year;
(b)
the number of new full-time equivalent employees at the
project site;
(c)
whether the total payments for a capital investment
project made by grantees at the project site meets or exceeds the statutory
minimums or such higher amount agreed to by the director and original grantee;
and
(d)
any other information the director reasonably requests
in writing at least sixty days before the due date for such annual report,
which the director reasonably deems necessary.
(2)
To the extent the
original grantee is relying on supplemental grantees to meet the statutory
minimums, the original grantee will provide grantor, upon request and to
grantor's satisfaction, a compliance supplement confirming the process by which
the original grantee obtains its information from supplemental grantees and
confirms the information's accuracy.
(3)
The annual report
is due by March first of each year and is to be certified by an officer or
other authorized representative of the original grantee.
(B)
Reporting to the tax commissioner.
(1)
Following each
calendar year, original grantees and supplemental grantees, if applicable, will
submit, in a form acceptable to the tax commissioner, a report summarizing the
amount of exempt purchases made during the year along with an estimate of the
sales and use taxes which would have been due in the absence of the data center
tax exemption agreement. The sales tax exemption report is due no later than
March first of each year and is to be certified by an officer of the grantee or
supplemental grantee, respectively.
(2)
In order to
process and provide the original grantee or supplemental grantee with a direct
payment permit, original grantees and supplemental grantees will provide
information requested by the tax commissioner on the application for such
direct payment permit.
(3)
Original grantees and supplemental grantees will timely
file the use tax returns in accordance with section
5739.031 of the Revised Code and
pay the use tax due on any purchases not subject to the data center tax
exemption on which sales tax was not paid to vendor. Grantees are to file
returns even if grantees have no tax liability for the reporting
period.
(4)
Failure to provide the tax commissioner any of the
information described in paragraph (B) of this rule will be considered a
failure to meet or comply with a requirement set forth in the
agreement.
(C)
Original grantees are to give the director written
notice of the suspension of operations prior to suspension, if possible, and
within five business days following suspension if notice prior to suspension is
not possible. Grantee is to notify the director and the tax commissioner within
five business days of the re-establishment of its operations at the
project.
Notes
Promulgated Under: 119.03
Statutory Authority: 122.175(K)
Rule Amplifies: 122.175
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