Section 62-788.321 - Affordable Housing Bonus Voluntary Cleanup Tax Credit Application Process(1) A tax credit applicant, or multiple tax credit applicants working jointly, claiming the affordable housing bonus tax credit can file a one-time application for this additional credit using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. The affordable housing bonus tax credit amount per brownfield site, as identified and described in the BSRA, shall be calculated using the percentage and the amount for the Affordable Housing Bonus Tax Credit Type in Table 1, based upon the total site rehabilitation costs that the Department has determined eligible for the VCTC since July 1, 2006, in previous site rehabilitation applications (or current, if final year costs are claimed at the same time as this bonus). If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant's percentage contribution toward payment of total site rehabilitation costs since July 1, 2006.(2) Tax credit applicants shall claim the affordable housing bonus tax credit when the requirements listed in Section 376.30781(3)(d), F.S., are met, and are not required to include site rehabilitation documentation previously submitted. Though use of the entire Brownfield site must be limited to housing, the affordable housing bonus tax credit amount can be prorated if some portion of the housing development does not meet the definition of affordable (e.g., "market rate" units).(3) Complete applications for the affordable housing bonus tax credit must be submitted to the Department's Division of Waste Management in Tallahassee. A tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following: (a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application is true and correct;(b) A certification letter pursuant to Section 376.30781(3)(d), F.S.(4) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.Fla. Admin. Code Ann. R. 62-788.321
Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS.
Adopted by Florida Register Volume 48, Number 036, February 22, 2022 effective 3/9/2022.