(A)
As required by division (E)(7) of section 122.171 of
the Revised Code, a
A taxpayer that
relocates a substantial number of employment positions from other operations
of the taxpayer within
elsewhere in the state,
but
outside
other than the
political subdivision in which
local jurisdiction of the project site
resides
, to
the project site shall notify
, by certified mail,
delivery confirmed courier or acknowledged personal delivery, the
legislative authority of the county(s), township(s), or municipal
corporation(s) from which the relocated employment positions are to be moved
prior to the relocation of such employment
positions. The taxpayer shall also concurrently send a copy of the notice
to the executive director. The notice shall contain the following information:
(1) The number of full-time equivalent
employees and employment positions that will be relocated;
(2) The payroll attributable to the relocated
employees;
(3) The business reason
for the relocation of employees; and
(4) The location of the project
site.
(B) A taxpayer
or affiliated entity that relocates any
employment position(s) from other operations
of
elsewhere in the
taxpayer outside the political subdivision in which
the project site is located to the project site or from other operations of the
taxpayer from within the same political subdivision
state to the project site shall certify the amounts of
transferred payroll in the annual report required under paragraph (A) of rule
122:16-1-05 of the Administrative Code that is due in the year immediately following the relocation. The annual report shall include the items listed in paragraph (A) of this rule.
(C) The notices required in
paragraph (A) of this rule shall be sent, by certified mail, delivery confirmed
courier or acknowledged personal delivery, prior to the relocation of the
employee(s).
(D)
(C) If a taxpayer
or affiliated entity relocates a substantial
number of employment positions,
as defined in paragraph
(Q) of rule 122:16-1-01 of the Administrative Code, the transferred payroll
attributable to the relocated employment positions
shall be excluded from the calculation of the tax credits.
(E)
(D)
If a taxpayer
or affiliated entity relocates fewer
than a substantial number of employment positions, as defined in paragraph
(
L
Q) of rule
122:16-1-01 of the Administrative Code, then the transferred
income tax
revenue related
payroll attributable to
the
transferred payroll
relocated employment positions shall be added to
income tax revenue
the project's Ohio employee payroll, as defined by
division (A)(4) of section
122.171 of the Revised Code, in
the year following the tax year in which the relocation occurred. A taxpayer
shall derive no tax credit benefit under section
122.171 of the Revised Code from
the relocation of employees in the year in which the relocation
occurred.
(F)
(E) When the executive director believes there has
been a violation of paragraph (A) or (B) of this rule,
then the executive director shall inform
the director. If the director agrees that a violation has occurred, the
director may recommend to the authority that the taxpayer be subject to
a remedial action pursuant to rule
122:16-1-06 of the Administrative Code.
When a violation has occurred the director shall issue amended
tax credit certificates, if necessary, to the taxpayer to properly account for
the effect of the relocated payroll for each tax year in which the relocated
employees were employed at the project site
location. The
director shall forward a copy of each corrected tax credit certificate to the tax commissioner, or in
the case of an insurance company, to the superintendent of insurance.
