Lawriter - OAC - 122:21-1-02 Eligibility; application process.

122:21-1-02 Eligibility; application process.

(A) An applicant who is a corporation, partnership, limited liability company, or other form or business entity must be registered with the Ohio secretary of state to do business in Ohio.

(B) Any application submitted must be submitted on a form prescribed by the director and meet the requirements set forth in division (B) of section 122.85 of the Revised Code and the budgetary requirements of division (C) of section 122.85 of the Revised Code.

(C) Eligible production expenditures shall be as authorized by section 122.85 of the Revised Code, which does not include alcoholic beverages. Eligible production expenditures shall not include the expenditures for the purchase of alcoholic beverages.

(D) The application must include a certification by the applicant that the production does not require records to be maintained under 18 United States Code 2257 with respect to sexually explicit content.

(E) The application process shall include the following steps:

(1) The application must be verified for completeness by the director.

(2) Within sixty days of the determination of completeness, the director shall review and make a determination as to whether the application may be certified as a tax credit eligible production.

(3) Upon review of the application, the director may request clarification or supplemental information about the production. The applicant must respond to the director within thirty days after the date of the request.

(4) Upon completion of the review, the director shall notify the applicant in writing of the determination of tax credit eligibility.

(F) The director may use his or her discretion when evaluating applications to ensure geographic distribution of tax credit eligible productions throughout Ohio.

Prior History: (Five Year Review (FYR) Dates: 03/12/2015 and 03/12/2020
Promulgated Under: 119.03
Statutory Authority: 122.85(G)(1)
Rule Amplifies: 122.85, 5733.59, 5747.66
Prior Effective Dates: 4/5/10)