085-1 Wyo. Code R. § 1-5

Current through April 27, 2019
Section 1-5 - Aggregate limitations on investment tax credits; Allocation

(a) The aggregate amount of investment tax credits to be allocated to all participating investors of Wyoming small business investment companies under this article shall not exceed thirty million dollars ($30,000,000.00).

(b) Tax credits shall be allocated to participating investors as specified in the article.

(c) As specified in the article, the Council may impose a civil penalty upon a participating investor which does not invest the full amount of designated capital required to fund the credits allocated to it by the Council in accordance with the credit allocation claim filed on its behalf. The Council shall provide notice to the participating investor that a civil penalty is being imposed. Any hearing requested shall be administered according to rules promulgated by the Wyoming Office of Administrative Hearings. The cost of the hearing shall be paid by the participating investor that requested the hearing. The Office of Administrative Hearings will determine if the penalty is adequate to cover the direct and indirect cost to the state as a result of the investor's failure to invest the full amount of designated capital. The Office of Administrative Hearings shall make a recommendation to the Council board of directors who will issue a final decision on the civil penalty.

(d) A participating investor may sell or transfer its premium tax credits one hundred eighty (180) days or more from the date on which the participating investor invested designated capital, provided that the participating investor who is transferring or selling the credits notifies the Insurance Commissioner of the sale or transfer and includes with that notification a copy of the transfer documents. In no instance shall a participating investor transfer or sell premium tax credits that have already been applied to its or another participating investor's premium tax liability.

(e) Any transfer or sale of credits shall not affect the time schedule for claiming a credit. Notification of the transfer or sale of credits shall be filed with the Insurance Commissioner within fifteen (15) days of the effective date of the sale or transfer.

085-1 Wyo. Code R. § 1-5