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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Ohio Administrative Code Search

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Rule 122:21-1-04 | Reporting.

...(A) Reviewable progress reports in a format acceptable to the director are due within ninety days of certification of the application as a tax credit-eligible production. Failure to demonstrate commencement of production within ninety days of certification of the application as a tax credit-eligible production will result in rescission by the director under division (B) of section 122.85 of the Re...

Rule 122:21-1-05 | Certificate.

...(A) A tax credit certificate shall be issued to the applicant as the certificate owner and shall not be transferable. If the certificate owner is a pass through entity, such as a partnership, S-corporation, limited liability company (LLC), or other such pass through entity, the pass through entity shall provide the director a list of partners or members, including the correct legal name, taxpayer ...

Rule 122:21-2-03 | Ohio film and theater capital improvement tax credit - application process.

...(A) Application round. There is one application round in each state fiscal year. An eligible applicant may submit an application to the director at any time during the application period. Applicants are to submit applications to the director electronically in the manner directed in the application materials. The director will publish the application materials on the program website for each applic...

Rule 122:22-1-01 | Definitions.

...Except as otherwise provided in this chapter or in section 5725.33 of the Revised Code, terms used in this chapter have the same meaning as section 45D of the Internal Revenue Code, any related proposed, temporary or final regulations promulgated under the Internal Revenue Code, any rules or guidance of the internal revenue service or the United States department of treasury, and any related rules or guidance issued ...

Rule 122:22-1-03 | Notices and certificates.

...(A) Within sixty days after receiving a qualified equity investment for which a new markets tax credit is to be allowed, the state allocatee shall notify the director of such investment. The notice shall be in a form approved by the director and shall contain information necessary to determine the identity of the investor and the NMTC claimant in addition to the adjusted purchase price. (B) Within sixty days after c...

Rule 122:22-1-05 | Monitoring and recapture.

...(A) The director will monitor compliance of state allocatees with the terms and conditions of allocation agreements and program guidelines. If subsidiary CDE's are parties to an allocation agreement, the director will monitor compliance on a consolidated basis for the total amount of the credit allocation made pursuant to the allocation agreement. (B) The state allocatee shall notify the director of any notice of re...

Rule 122:22-1-08 | Severability.

...If any clause, provision or application of any of the rules 122:22-1-01 to 122:22-1-08 of the Administrative Code is determined to be invalid or unenforceable, such determination shall not affect the remainder of such rule, other application of the rule, or application of other rules of this chapter, which shall be applied as if the invalid or unenforceable portion, application or references to the invalid or unenfor...

Rule 122:23-1-01 | Definitions and rules of interpretation.

...(A) As used in rules 122:23-1-01 to 122:23-1-10 of the Administrative Code: (1) "Applicant" means a person who applies to the director for certification of an energy project as a qualified energy project. As used in this chapter of the Administrative Code, "applicant" also includes a person who receives a certification of an energy project as a qualified energy project and any subsequent owner or...

Rule 122:23-1-02 | Application and certification.

...(A) An application for certification shall be in the form and contain the substance required by the director. To be considered, the application for certification must be complete, accompanied by all required supporting documentation and submitted by an authorized representative of the applicant. An application for certification must be submitted to the director no later than the close of business ...

Rule 122:23-1-03 | Construction reporting.

...(A) The applicant shall file with the director a construction progress report in the form and containing the substance required by the director from time to time. A construction progress report must be received by the director not later than the close of business on March first each year following any calendar year during which any construction or installation of the energy project occurred and wa...

Rule 122:23-1-06 | Continuing compliance with requirements for exemption; service payments.

...(A) The applicant shall file annual nameplate capacity reports which shall be in the form and contain the substance required by the director from time to time. An annual nameplate capacity report must be signed by an authorized representative of the applicant and received by the director not later than the close of business on March first each year during which an exemption under section 5727.75 o...

Rule 122:23-1-07 | Signature; failure to report; trade secrets.

...(A) The application for certification and each report submitted by an applicant pursuant to rules 122:23-1-01 to 122:23-1-10 of the Administrative Code shall include a certification signed by an authorized representative of the applicant that the information contained in the application or report is true, correct, and complete. (B) If the applicant fails to submit to the director any report as an...

Rule 122:24-1-01 | Definitions.

...Capitalized terms used in rules 122:24-1-01 to 122:24-1-14 shall have the following meaning: (A) "Annual" sales means the gross sales of the small business enterprise using generally accepted accounting principles for the twelve months preceding the date of the investment of money. For entities that engage in the rental of assets, sales shall also mean rental income. (B) "Application" means the pr...

Rule 122:24-1-01 | Definitions.

...Capitalized terms used in rules 122:24-1-01 to 122:24-1-14 of the Administrative Code have the following meaning: (A) "Annual" sales means the gross sales of the small business enterprise using generally accepted accounting principles for the twelve months preceding the date of the investment of money. For entities that engage in the rental of assets, sales also means rental income. (B) "Applicati...

Rule 122:24-1-02 | Procedure for investOhio program.

...(A) The investOhio program is a multistep process in which the following acts must occur: (1) The small business enterprises and eligible investors that wish to participate in the program must register with the investOhio program. The registration process is further described in rule 122:24-1-03 of the Administrative Code. (2) A registered eligible investor and a registered small business enterp...

Rule 122:24-1-02 | Procedure for investOhio program.

...(A) The investOhio program is a multistep process in which the following acts are to occur: (1) The small business enterprises and eligible investors that wish to participate in the program are to register with the investOhio program. The registration process is further described in rule 122:24-1-03 of the Administrative Code. (2) A registered eligible investor and a registered small business en...

Rule 122:24-1-03 | Registration process.

...(A) There are two parties that are required to register with the development services agency as part of the process of issuing a small business investment certificate, the eligible investor and the small business enterprise. Registration shall be accomplished using the Ohio business gateway at: http://business.ohio.gov, or the website address located at: http://invest.ohio.gov. (B) In order to re...

Rule 122:24-1-03 | Registration process.

...(A) There are two parties that are to register with the department of development as part of the process of issuing a small business investment certificate, the eligible investor and the small business enterprise. Registration is to be accomplished using the Ohio business gateway at: http://business.ohio.gov, or the website address located at: http://invest.ohio.gov. (B) In order to register as a...

Rule 122:24-1-04 | Application process.

...(A) In order to complete an application for a qualifying investment, both the eligible investor and the potential small business enterprise have registered with the investOhio program and have received an investOhio user ID. This process is described in rule 122:24-1-03 of the Administrative Code. (B) Prior to submitting an application for a qualifying investment, the eligible investor and small...

Rule 122:24-1-04 | Application process.

...(A) In order to complete an application for a qualifying investment, both the eligible investor and the potential small business enterprise have registered with the investOhio program and have received an investOhio user ID. This process is described in rule 122:24-1-03 of the Administrative Code. (B) Prior to submitting an application for a qualifying investment, the eligible investor and small...

Rule 122:24-1-05 | Validation of Qualifying Investment.

...(A) Within thirty days of the time of investment, or for an investment of money made prior to the first date in which the director begins to accept evidence under this division as determined by the director, the eligible investor must supply to the director evidence that the transfer of the investment of money has been made. The time of investment must occur within thirty days of the date supplied in the application....

Rule 122:24-1-05 | Validation of qualifying investment.

...(A) Within thirty days of the time of investment, or for an investment of money made prior to the first date in which the director begins to accept evidence under this division as determined by the director, the eligible investor is to supply to the director evidence that the transfer of the investment of money has been made. The time of investment is to occur within thirty days of the date suppli...

Rule 122:24-1-06 | Issuances of small business investment certificates.

...(A) Once the director has determined that the qualifying investment meets the requirements of section 122.86 of the Revised Code and rule 122:24-1-05 of the Administrative Code, completes the review of the application, and following the end of the holding period, the small business investment certificate shall be issued to the eligible investor. Tax credits will only be available to the investor o...

Rule 122:24-1-06 | Issuances of small business investment certificates.

...(A) Once the director has determined that the qualifying investment meets the requirements of section 122.86 of the Revised Code and rule 122:24-1-05 of the Administrative Code, completes the review of the application, and following the end of the holding period, the small business investment certificate is to be issued to the eligible investor. Tax credits will only be available to the investor o...

Rule 122:24-1-08 | Small business enterprise.

...(A) In order for a business entity to qualify as a small business enterprise either its assets cannot exceed fifty million dollars or its annual sales cannot exceed ten million dollars. These calculations are to be made at the time of each qualifying investment and are to be calculated based upon generally accepted accounting principles. (B) In order for a business entity to qualify as a small bu...