14 Ill. Adm. Code 520.1620
Form of Application
Section 520
Section 520.1620 Form of
Application
An application shall be
submitted on the standard application form provided by the Department. An
application shall include:
a) Investment Information. A description of the eligible
investment with documentation to substantiate that the planned investment is
eligible (e.g., balance sheets, construction schedules, schematics, and
specifications, or lists and the cost of equipment purchased); and a spending
plan and financial commitments demonstrating that the business enterprise will
place the investment in service within eight years after certification.
b) Job Information. Information on new employment that will
occur in the Enterprise Zone as a result of the investment, which includes, by
job titles, the number of employees; and an explanation of how and why the
investment causes the creation of full-time employees or full-time equivalent
employees.
c) Certification. A signed and dated statement indicating that
the data and information in the application is true and correct, that the
Department shall be provided access to any material, documentation, or other
data required to verify application information, and a statement that the
number of jobs created shall be maintained for the term of the exemption,
otherwise the Department will be notified and the exemption terminated.
d) Legally Binding Agreement. A dated statement executed by the
Chief Executive Officer of the business enterprise and the Director of the
Department obligating the business enterprise to create 750 or more full-time
or full-time equivalent jobs and place in service a minimum of $100 million in
qualified property at a High Impact Service Facility located in an Enterprise
Zone within eight years. The agreement shall state that should the business
fail to place in service the eligible investment in qualified property within
eight years following certification, the business shall be decertified for the
tax exemption and required to repay the exempted taxes, plus any penalties and
interest as determined by the Department of Revenue. The agreement shall also
state that the business shall submit quarterly progress reports describing the
progress made toward the creation of 750 or more full-time or full-time
equivalent jobs and the investment of $100 million in qualified property at the
High Impact Service Facility, and that failure to do so shall result in
termination of the exemption.
e) The Chief Executive Officer of the business enterprise must
sign and immediately return to the Department a Company Tax Certification form
that states that the business enterprise is in good standing, authorized to do
business in Illinois and has no delinquent tax liabilities.
f) The business enterprise further authorizes the Department to
seek a tax clearance letter from the Illinois Department of Revenue and
authorizes the Department of Revenue to provide such letter stating whether the
records of the Department of Revenue show that the business enterprise is in
compliance with all tax Acts administered by the Department of Revenue and to
which the business enterprise is subject.
g) The business enterprise also certifies that no tax liens,
including, but not limited to, municipal, county, State or federal liens, have
been filed against the business enterprise or majority shareholders of the
business enterprise, or in the name of related business owned by the applicant.
h) The business enterprise certifies that all the information
contained in the application, including the documentation, is true to the best
of his/her knowledge and belief.