DAR File No. 37208

Governor, Economic Development

Rule R357-6

Technology and Life Science Economic Development and Related Tax Credits

Notice of Proposed Rule

(Amendment)

DAR File No.: 37208
Filed: 01/18/2013 11:42:40 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with feedback from the Administrative Rules analyst in the Governor's Office of Planning and Budget.

Summary of the rule or change:

The change is the removal of policy criteria as part of evaluating tax credit applications.

State statutory or constitutional authorization for this rule:

• Section 63M-1-2907

Anticipated cost or savings to:

the state budget:

Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to state budget.

local governments:

Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to local government.

small businesses:

Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to small business.

persons other than small businesses, businesses, or local governmental entities:

Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to other entities.

Compliance costs for affected persons:

Does not affect costs associated with rule which is already in place.

Comments by the department head on the fiscal impact the rule may have on businesses:

Does not affect costs associated with rule which is already in place.

Spencer P. Eccles, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Zachary Derr at the above address, by phone at 801-538-8746, by FAX at 801-538-8888, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Spencer Eccles, Executive Director

R357. Governor, Economic Development.

R357-6. Technology and Life Science Economic Development and Related Tax Credits.

R357-6-1. Purpose.

(1) The purpose of these rules is to provide:

(a) the criteria upon which the Governor's Office of Economic Development will determine whether to award tax credits to applicants;

(b) the procedures for documenting the Governor's Office of Economic Development's application of this criteria;

(c) the procedures by which the Governor's Office of Economic Development issues tax credit certificates;

(d) the available tax credits for which applicants may apply.

 

R357-6-2. Authority.

(1) UCA 63M-1-2907 requires the office to make rules establishing criteria to prioritize the issuance of tax credits among applicants and to establish procedures for documenting the office's application of the criteria.

 

R357-6-3. Definitions.

(1) Terms in these rules are used as defined in UCA 63M-1-2902.

 

R357-6-4. Conditions.

(1) Applicants shall use the application form provided by the office and follow the procedures and requirements set forth in UCA 63M-1-2905 for obtaining a tax credit certificate.

(2) Applicants shall submit the application form to the office to be eligible to receive a tax credit, quarterly throughout the fiscal year as set forth in UCA 63M-1-2908, on or before the following quarterly deadlines:

(a) September 1; and

(b) December 1; and

(c) March 1; and

(d) June 1.

(3) The office shall review and rank for approval accepted applications based upon the following criteria:

(a) The overall economic impact on the state related to providing tax credits, taking into account such factors as:

(i) the number of new incremental jobs to Utah; or

(ii) capital investment in the state; or

(iii) new state revenues; or

(iv) any combination of Subsections (i), (ii), or (iii).[; or

(v) other criteria as established by the office by policy publication.]

(4) The office shall keep a record of the review and ranking of applications based on the criteria in subsection (2).

(5) The office, with advice from the board, may enter into an agreement with a business entity authorizing a tax credit if the business entity meets the standards under subsections (2) and (3) and according to the requirements and procedures set forth in UCA 63M-1-2909.

(6) A business entity is eligible for an economic development tax credit only if the office has entered into an agreement under subsection (4) with the business entity.

 

R357-6-5. Available Tax Credits.

(1) An applicant may seek one of two[three] types of tax credits, drawn from funds expressly set aside by the Legislature:

(a) a refundable tax credit for generating state tax revenue; or

(b) a non-refundable tax credit for investment in certain life sciences establishments.

(2) Eligibility shall be determined by:

(a) statutory requirements; and

[(b) policy established by the office, with advice and consent of the board, which shall be posted on the office's public website; and

](b)[(c)] the criteria listed in R357-6-4(2).

 

KEY: economic development, life sciences, new state revenue

Date of Enactment or Last Substantive Amendment: [November 26, 2012]2013

Authorizing, and Implemented or Interpreted Law: 63M-1-2901