135.283. Program application--approval by department--executed agreement required, contents.
Program application--approval by department--executed agreementrequired, contents.
135.283. 1. A taxpayer shall apply to the department for approval toparticipate in the program authorized by sections 135.276 to 135.283. Theapplication shall be in a form prescribed by and contain all informationrequested by the department to determine eligibility for the program andfor the department to make its decision whether to approve the taxpayer forparticipation in the program.
2. The department may issue an approval contingent upon thesuccessful execution of an agreement between the department and thetaxpayer seeking approval of a facility as a retained business facilitywhich shall include, but not be limited to, the following:
(1) A detailed description of the project that is the subject of theagreement;
(2) A requirement that the taxpayer shall annually report to thedepartment the total amount of salaries and wages paid to eligibleemployees in retained business facility jobs, and any other information thedepartment requires to confirm compliance with the requirements of sections135.276 to 135.283;
(3) A requirement that the taxpayer shall provide writtennotification to the director not more than thirty days after the taxpayermakes or receives a proposal that would transfer the taxpayer's state taxliability obligations to a successor taxpayer;
(4) A requirement that the taxpayer shall maintain operations at thefacility location for at least ten years at a certain employment level;
(5) The requirements otherwise required by sections 135.276 to135.283; and
(6) A provision for repayment of incentives upon breach of theagreement.
(L. 2003 H.B. 289 merged with S.B. 620)Effective 6-18-03 (S.B. 620)
7-07-03 (H.B. 289)
Contingent expiration date, see § 135.284