Idaho Admin. Code r. 28.04.01.170

Current through September 2, 2024
Section 28.04.01.170 - AGREEMENTS
01.Incentive Agreement. At the direction of the Council, and in accordance with the criteria established by these rules, the Director enters into an incentive agreement with the business entity.
02.Agreement Terms Defined. The incentive agreement contains any terms as approved by the Council, or deemed necessary by the state Deputy Attorney General, as well as defines the following:
a. Maximum term that is not to exceed fifteen (15) years;
b. Projected new state revenues to be generated during the term;
c. Method and recordkeeping requirements to determine projected new state revenue to be generated;
d. The approved tax credit percentage applied to new state revenue each year the business entity is entitled to receive the reimbursement during the term of the meaningful project;
e. The projected new jobs;
f. The terms and conditions of any and all performance requirements and measurements that must be met prior to the issuance of a tax credit authorization;
g. The agreed upon and necessary proof of compliance required prior to tax credit issuance. Proof of compliance provided by the business entity must be adequate to demonstrate to the director that all requirements and measurements have been met for the business entity to receive the tax credit;
h. The consequences of default by the business entity;
i. The period to be used to determine the taxes paid at the date of application;
j. Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section 63-3641, Idaho Code, or is required to obtain a separate seller's permit pursuant to Chapter 36, Title 63, Idaho Code.
k. The federal employer identification or social security number for each individual or entity stated as the business entity in the incentive agreement; and
l. Identification of the individual or entity that is or will be claiming the refundable credit.

Idaho Admin. Code r. 28.04.01.170

Effective March 31, 2022