EZ Administrator Guide for Extending Enterprise Zone Tax Credits in Terminated Areas The DR0078 is available through the DOR website: https://www.colorado.gov/pacific/tax/individual-income-tax-instructions-and-forms The DR0078 is the official form from the Colorado Department of Revenue for a taxpayer and an EZ Administrator to jointly certify the eligibility of a taxpayer to claim certain Enterprise Zone tax credits following the termination of an Enterprise Zone. OEDIT has not produced an on-line form; so the paper form will be integrated with the Salesforce system for Pre-Certification and Certification of Enterprise Zone tax credits. The Investment Tax Credit, Job Training Program Tax Credit, and New Employee Tax Credits (including the addition for Agricultural Processors) and the Employer Sponsored Health Insurance Credit are the only business credits for which an extension is allowed. No extension is allowed for planned activity that would earn the Research & Development or Vacant Building Rehabilitation Tax Credits. This form requires a joint certification by both the taxpayer and the zone administrator, that plans were in place for job creation, investment in job training programs, or capital expansion before the announcement of the zone termination. Detailed business planning documentation supporting the planned investment and job increases is required and must be kept with the taxpayer’s tax records and supplied to the DOR upon request. The DOR has authority to review and evaluate the documents and may determine that they do or do not support the extension. Documentation Requirements: Per the statutes the documents must demonstrate that the taxpayer relied on these credits in making business planning decisions. Therefore, the documentation that the zone administrator approved must demonstrate this reliance and the documents must pre-date the announcement of termination of the zone. Reliance on the Credits in making business planning decisions - documents showing evidence of reliance on the credits may include, but are not limited to: financial projections that include the EZ credits in calculations, or communications between the Zone Administrator or other economic development professional explaining the EZ incentives. Pre-Date Termination – the documents must have been created prior to the termination announcement. The termination announcement date is 8/13/2015 for all enterprise zones, except that the termination date for Adams and Denver counties is expected to be 10/15/2015. The termination announcement date for EZ Contribution projects is expected to be 11/12/2015 – the date which the EDC is expected to approve Project Re-Certifications. A figure for both the cumulative investment/employee count and the tax credit amount (calculated at the current rate) is required for each tax credit that is expected to be claimed during the extended credit period. The maximum cumulative period of extension is ten years. An extension of up to five years is available for a business that made plans based on the Enhanced Rural Enterprise Zone benefits. Assuming that the business is still within an Enterprise Zone, but the county lost Enhanced Rural EZ status, the taxpayer will only need to write “Enhanced” next to the “New business facility (NBF) employee credit” line and include the additional EREZ credit in the credit calculation. Taxpayers that have made donation commitments to an Enterprise Zone Contribution Project may also receive an extension for the Enterprise Zone Contribution credit. For documentation the taxpayer must submit a pledge document that has been issued or authorized by the Contribution Project Organization. EZ Administrator Guidelines for EZ Extension of Tax Credits Version Dated 9/24/2015 Page 1 of 3 The taxpayer is responsible for retaining the certified form DR0078 with its tax records. For any year in which credits are earned and claimed the DR0078 form must be updated and a copy submitted to the DOR. When preparing the tax return each year during the five or ten year extended period, the taxpayer must write on the original form the tax year and the amount of the credit that is actually claimed during that year in the boxes provided below each credit on Form DR0078. The cumulative total of each tax credit claimed during the extension period cannot exceed the amount originally certified in the cumulative total box. The taxpayer will also submit the Salesforce Certification approval (which means that the taxpayer must pre-certify prior to each fiscal/tax year) and the DR1366, just as they would if the business were still within an Enterprise Zone. Administrator Steps The EZ Administrator may reach out to businesses that they have worked with to locate or expand within the enterprise zone. The EZ administrator reviews the documentation for reliance and timeliness and certifies the original DR0078 for the taxpayer. Maintain a copy of the documentation and DR0078 for each business you approve for extended credits. The administrator does not need to sign any updated DR0078. Tips for completing the DR0078 Date termination of this area officially announced: The termination announcement date is 08/13/2015 for all EZ , except Adams and Denver Adams and Denver termination date is 10/15/2015. The termination announcement date for EZ Contribution projects is 11/12/2015 Effective date of termination of this zone area: 01/01/2016 Documents. Check and include any that are available. Refer to the documentation requirements above for requirements on reliance and timeliness. Work with taxpayer applicant and agree on cumulative amounts for each tax credit that is to be extended. Both the taxpayer and the zone administrator sign and date. The taxpayer and zone administrator both need to maintain a copy of the document. Educate the businesses you grandfather on the need to pre-certify and certify for the tax credits each year of the extension period. Salesforce Steps Have the business notify you via email that they have submitted an application for pre-certification in Salesforce and have them include a copy their updated DR0078 (this document will become marked over the years with the year and amount of the credit claimed). The zone administrator will determine if there is credit still available within the figures first approved on the original DR0078. If approving the pre-certification, attach the DR0078 document to the pre-certification record for the year. When you review the pre-certification application, click the checkbox on the Pre-certification record to note that the application is for an Extended/Grandfathered credit. (we are adding a field) This field will carry over to the Certification application so that we can run reports and look at Grandfathered credit certifications separate from others. Add a Denial/Approval Note as follows: “approved for extended credits following termination of the EZ. DR 0078 approved“. Attach the DR0078 (either the original or an updated document) to the Pre-Certification record. Approve EZ Administrator Guidelines for EZ Extension of Tax Credits Version Dated 9/24/2015 Page 2 of 3 *There are limited cases for which a business or taxpayer will be certified for Extended Credits; the taxpayer must be able to demonstrate a reliance on the tax credit for the planned investment or hiring. OEDIT and local zone administrators are committed to applying the program benefits in eligible areas to address economic distress and are mindful of maintaining the integrity of the EZ program.* EZ Administrator Guidelines for EZ Extension of Tax Credits Version Dated 9/24/2015 Page 3 of 3