Instructions For Application For Qualified Equity And Subordinated Debt Investment Tax Credit Form Edc 2003

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Instructions for Form EDC, Application for Qualified Equity and
Subordinated Debt Investment Tax Credit
When to Submit Application
IMPORTANT: Taxpayers who do not receive notification of
Submit Form EDC as soon after receiving all Form(s) QBA-
allowable credit amounts before their Virginia income tax
C for qualified investments made during your tax year and
return due date must file the appropriate return extension
as soon as possible BEFORE your tax filing deadline. For
request or file their regular return without the credit and then
calendar year taxpayers making a qualified investment during
file an amended tax return after receipt of notification of the
2003, submit this application and all supporting
allowable credit amount to claim the tax credit.
documentation no later than April 1, 2004.
Required Investor Holding Period
For taxable years ending after January 1, and on or before
Equity received in connection with a qualified business
December 31 of a calendar year, submit this application and
investment must be held by the taxpayer for at least five
all supporting documentation no later than April 1 of the
calendar years following the calendar year for which the credit
following calendar year.
is allocated except in any of the following: the liquidation of
the qualified business issuing the equity, a merger,
What to Attach
consolidation or other acquisition of the business with or by
Attach a copy of the qualified businessí certification (issued
a party not affiliated with the business or, death of the
to the business by Department of Taxation), Form QBA-C,
taxpayer. Subordinated debt must be held for three years.
and the businessí statement, on the business' letterhead,
describing the investment by amount, type and date with
Penalty for Not Meeting the Required Holding Period
verification by the business that the investment meets the
If the required holding period is not met, the taxpayer must
definition of a qualified investment for purposes of claiming
forfeit the unused credit amount and will be assessed for
the credit pursuant to Code of Virginia Section 58.1-339.4.
the credit utilized, to which will be added a 100% penalty
Title 23 of Virginia Administrative Code (VAC) 10-110-225 et
plus interest, computed at the rate of 1% per month,
seq. provides regulations on how this credit applies.
compounded monthly from the date the tax credits were
claimed.
Where to Submit Application
Submit Form EDC and attachments to the Department of
Pass-Through Entities
Taxation, ATTN: Tax Credit Unit, P.O. Box 715, Richmond,
Each pass-through entity must File Form PTE with the
VA 23218-0715 or you may fax it to 804-786-2800.
Department of Taxation within 30 days after the credit is
granted. This information should be sent to: Department of
What to Expect from the Department of Taxation
Taxation, ATTN: Tax Credit Unit, P.O. Box 715, Richmond,
All applicants should receive a letter acknowledging their EDC
VA 23218-0715 or you may fax it to 804-786-2800.
application. If you have applied by the April 1 deadline and
have not received an acknowledgment letter from us by May
All pass-through entities distributing this credit to its owner(s),
15 please call the Tax Credit Unit at 804-786-2992. The
shareholders, partners or members must give each a copy
Virginia Department of Taxation will review all applications
of the EDC certification letter and a copy of the Form PTE.
for completeness and notify taxpayers of any errors by June
1. If any additional information is needed, it must be provided
Where To Get Help
no later than June 15 in order for the investment to be
Write the Department of Taxation, ATTN: Tax Credit Unit,
considered for the tax credit. All eligible taxpayers shall be
P. O. Box 715, Richmond, VA 23218-0715 or call
notified by June 30 as to the allowable credit amount that
804-786-2992. To order forms or a copy of regulations call
may be claimed for the qualified investment. If the total eligible
804-440-2541. Visit to obtain most
credit requests received exceed the Commonwealth's annual
Virginia income tax forms and additional tax information.
$3 million limitation, each taxpayer shall be granted a pro
Forms are also available from your local Commissioner of
rata amount as determined by the department. The amount
the Revenue, Director of Finance or Director of Tax
of credit that is deducted from the requested amount via
Administration.
proration is lost.
Virginia Tax Bulletin 00-5, dated July 31, 2000, and Title
23 of Virginia Administrative Code (VAC) 10-110-225
What Does the Taxpayer Need to Do
provide additional information on this credit. To obtain
Upon receiving notification of the allowable credit amount,
this bulletin, see "Where To Get Help" above.
taxpayers may claim the allowable credit amount on the
applicable Virginia income tax return and compute any
carryover credit amount.

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