Top navigation skipped
Rule 9.1051, Definitions
| TITLE 34 | PUBLIC FINANCE |
|---|---|
| PART 1 | COMPTROLLER OF PUBLIC ACCOUNTS |
| CHAPTER 9 | PROPERTY TAX ADMINISTRATION |
| SUBCHAPTER F | LIMITATION ON APPRAISED VALUE AND TAX CREDITS ON CERTAIN QUALIFIED PROPERTY |
| RULE §9.1051 | Definitions |
The following phrases, words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. Words defined in Tax Code, Chapter 313 and not defined in this subchapter shall have the meanings provided by Tax Code, Chapter 313.
(1) Agreement--The written agreement between the governing body of a school district and the approved applicant to implement a limitation on the appraised value for school district maintenance and operations ad valorem property tax purposes on an entity's qualified property, required by Tax Code, §313.027(d).
(2) Applicant--An entity that has applied for a limitation on appraised value for school district maintenance and operations ad valorem property tax purposes on the entity's property as provided by Tax Code, Chapter 313.
(3) Application--An application for limitation of appraised value limitation for school district maintenance and operations ad valorem property tax purposes on an entity's qualified property on the form adopted by reference in §9.1052 of this title (relating to Forms), the schedules attached thereto, and the documentation submitted by an entity for the purpose of obtaining an agreement for a limitation on appraised value from a school district. (4) Application amendment--Information submitted by an applicant intended to be considered as part of or in support of the application that amends by replacing information that was previously submitted by applicant.
(5) Application supplement--Information submitted by an applicant intended to be considered as part of or in support of the application that has not been previously submitted.
(6) Approved applicant--An applicant whose application has been approved by a school district for a limitation on appraised value agreement according to the provisions of Tax Code, Chapter 313, including any assignees of that applicant.
(7) Application review start date--The later date of either the date on which the school district issues its written notice that an applicant has submitted a completed application or the date on which the comptroller issues its written notice that an applicant has submitted a completed application.
(8) Appraisal district--The county appraisal district that would appraise the property which is the subject of an application.
(9) Appraised value--The value of property as defined by Tax Code, §1.04(8).
(10) Completed application--An application in the form and number and containing all the information required pursuant to §9.1053 of this title (relating to Entity Requesting Agreement to Limit Appraised Value and Tax Credit) that has been determined by the school district and the comptroller to include all minimum requirements for consideration.
(11) Comptroller--The Texas Comptroller of Public Accounts or the designated representative of the Texas Comptroller of Public Accounts acting on behalf of the comptroller.
(12) Entity--Any entity upon which a tax is imposed by Tax Code, §171.001 including a combined group as defined by Tax Code, §171.0001(7) or members of a combined group, provided however, an entity as defined herein does not include a sole proprietorship, partnership or limited liability partnership.
(13) Local Government Assistance Division or LGA--The Local Government Assistance and Economic Development Division of the comptroller's office acting through the designated division director or a representative thereof.
(14) New job--A position of employment to perform work:
(A) that includes at a minimum the following requirements;
(i) that did not exist prior to the application review start date;
(ii) that is based on the qualified property;
(iii) that is in direct support of activity identified in Tax Code, §313.024(b);
(iv) over which the applicant has significant degree of control of:
(I) the creation of the job;
(II) the job description;
(III) the job characteristics or performance of the job through either a business, contractual or vendor relationship; and
(v) is further defined by either subparagraphs (B) or (C) of this paragraph;
(B) that meets the requirements set forth in an agreement by the school district and the approved applicant that also identifies the number of hours necessary for the employment to be counted as a job; or
(C) if new job is not defined in the agreement, that is a permanent, full time position with an approved applicant, or a contractor of the approved applicant to perform work:
(i) for at least 1600 hours a year;
(ii) that has not been transferred from another part of the state; and
(iii) that has not been created to replace a previous employee.
(15) Qualified investment--Property that meets the requirements of Tax Code, §313.021(1).
(16) Qualified property--Property that meets the requirements of Tax Code, §313.021(2), and that is used either as an integral part, or as a necessary auxiliary part, in manufacturing, research and development, a clean coal project, an advanced clean energy project, renewable energy electric generation, electric power generation using integrated gasification combined cycle technology, nuclear electric power generation, or a computer center that is used either as an integral part, or as a necessary auxiliary part, of the activity conducted by applicant in one of the foregoing industries.
(17) School district--A school district that has received an application for a limitation on appraised value pursuant to Tax Code, Chapter 313 or the designated representative of the school district acting on behalf of the school district.
(18) SOAH--State Office of Administrative Hearings.
(19) Substantive document--A document or other information or data in electronic media determined by the comptroller to substantially involve or include information or data significant to an application, the evaluation or consideration of an application, or the agreement or implementation of an agreement for limitation of appraised value pursuant to Tax Code, Chapter 313. The term includes, but is not limited to, any application requesting a limitation on appraised value and any amendments or supplements, any economic impact evaluation made in connection with an application, any agreement between applicant and the school district and any subsequent amendments or assignments, any school district written finding or report filed with the comptroller as required under this subchapter, any completed Annual Eligibility Report (Form 50-772) submitted to the comptroller, and any application requesting school tax credits under Tax Code, §313.103.
(20) Tax credit settle-up--The process by which tax credit amounts earned by an approved applicant which were not credited against taxes imposed during the value limitation period are credited against taxes imposed over a period not to exceed three years following the expiration of the value limitation.
Source Note: The provisions of this §9.1051 adopted to be effective June 22, 2010, 35 TexReg 5352