Section 870-RICR-30-00-4.9 - ApplicationA. The Application promulgated by the Corporation shall require submission of the following information from each Applicant:1. The name and address of the Applicant and contact information for the individual(s) primarily responsible for oversight and management of the Application.2. The federal and state tax identification numbers for the Applicant;3. The total number of Full-Time Employees in the State as of the date of the Application, as well as the average monthly total number of Full-Time Employees in the State for the preceding 12 months for the Applicant and any Related Companies;4. A brief description of any existing operations and locations of the Applicant and any Related Companies in the State;5. Job creation information, including information on all Affiliates contributing Full-Time Employees for purposes of the Application, which shall include the following:a. the address(es) of the location(s) of the New Full-Time Jobs, along with documentary evidence of existing or anticipated control over such location(s), such as proof of ownership, a purchase and sale agreement, a lease, or a letter of intent;b. a description of any actual or likely future federal procurement that will result in the hiring of Full-Time Employees;c. a detailed description of the number of New Full-Time Jobs to be created unrelated to any federal procurement and the occupations of and compensation for the New Full-Time Jobs to be created, and a schedule of anticipated starting dates of new hires;d. a detailed description of the number of New Full-Time Jobs to be created related to any federal procurement and the occupations of and compensation for the New Full-Time Jobs to be created, and a schedule of anticipated starting dates of new hires;e. the employer identification or social security numbers for all Related Companies of the Applicant that employ persons in this State, and a clear and detailed presentation of the operations of those Related Companies to assure the Corporation that the New Full-Time Jobs are not being transferred from a Related Company within the State;f. evidence demonstrating that without a Tax Credit the creation of the New Full-Time Jobs would not occur in this State, which may include, but is not limited to:(1) a financial analysis, supported by appropriate documentation, showing that the receipt of the Tax Credit under the Act is necessary to make the creation of the New Full-Time Jobs feasible in this State, such as financial analysis using best available data showing that, without the credit provided under the Act, it is not feasible for the Applicant to create the New Full-Time Jobs in this State or it is economically more beneficial for the Applicant to create the New Full-Time Jobs out of State; such analysis shall take into account the transaction costs of relocating to or from another state;(2) evidence that the Applicant could reasonably and efficiently locate outside of the State, which may, for example, include a proposed lease, proposed purchase and sale agreement, a real estate term sheet, prospective offer or offer letter, a term sheet concerning an out of state facility, or an incentive letter or incentive term sheet from another state.g. a delineation of any other State or municipal incentives, grants, tax credits, or other aid that will or may be received or requested by the Applicant in relation to creation of the New Full-Time Jobs, including, but not limited to, in relation to the construction, acquisition, lease, or investment in property that facilitates the creation of the New Full-Time Jobs;h. if the Applicant seeks an increase in the Tax Credit amount on the basis of a Capital Investment pursuant to § 4.13(A)(1)(h) of this Part, a detailed description of the Capital Investment the Applicant will make including the estimated amount of such investment supported by documentary evidence, and the location(s) at which such investment will be made; andi. any other necessary and relevant information as determined by the Corporation.6. A certification from the Applicant's chief executive officer, or equivalent officer, attesting under oath: a. That any projected creation of New Full-Time Jobs would not occur, or would not occur in the State, but for the provision of Tax Credits under the Act;b. The Applicant will create New Full-Time Jobs in an amount equal to or greater than the anticipated number of New Full-Time Jobs set forth in the Application; andc. That the attesting officer has reviewed the information submitted to the Corporation and that the representations contained therein are accurate and complete.7. A signed authorization allowing the Tax Division and the Corporation to share information and to permit the Rhode Island Department of Labor and Training to share information with the Corporation, executed by a person with authority to act on the Applicant's behalf in this regard. Any records, data or information made available or received by the Corporation and/or the Tax Division from any non-public source related to the creation of the New Full-Time Jobs or the Applicant shall be kept in confidence and protected from disclosure to the extent permissible under the Access to Public Records Act, R.I. Gen. Laws Chapter 38-2, unless the Applicant otherwise consents.870 R.I. Code R. 870-RICR-30-00-4.9
Amended effective 12/19/2018