Protecting the wrong, while failing to protectthe wronged.
Contains fuzzy references that imply some reports are provided and toothless measures are taken, but when viewed in whole it lacks the requirements and specificity to insure these activities are carried out. But, clearly favors the those frauding the public.
|Sections||Rural Capital Formation Incentive Act|
|Two key section G's|
Punish for failure to withhold information from the public. G. Unless otherwise provided for in this section, any violation of the provisions of this section shall constitute a misdemeanor and shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding one (1) year, or by both such fine and imprisonment, and the offender shall be removed or dismissed from office...Snip....
No punish for misusing the program to take $100s million, and cannot be forced to return the money G. Notwithstanding any other provision of this section, a recapture event shall not occur with respect to qualified investments made by a qualified rural small business capital company that is also licensed as a rural business investment company under 7 U.S.C., Section 2009cc et seq., or any successor statute, at the time of the qualified investment. The qualified rural small business capital company shall include in its annual report proof of a valid license under the federal statute.
To try making the use of borrowed money as legal as possible here is one place where the requirement that the investment be cash was removed in Section 20.4.B and the term qualified investment was slipped in, Section 204.B.4.a & b. Allowing the use of borrowed money to claim credits, without specifying the how or if borrowed money has to be used.
Note: The wrong is more than imply using borrowed money. In using artifical (similar to a Counterfeit loan) where money is held as its own collateral, it is never a risk. The entire premises of venture capital involves risks.
Any qualified venture capital company who refuses or fails to comply with the provisions of this section or is hereafter found guilty in a court of competent jurisdiction of any violation of any Oklahoma income tax law shall not be eligible to be a qualified venture capital company for purposes of Section 2357.7 of this title .....snip..... Provided, to the extent that the penalty cannot be collected from the venture capital company, the penalty shall be collected from the taxpayers to whom the tax credits have been granted or transferred. Tax credits granted for investments in venture capital companies made on or after the effective date of this act shall be subject to the provisions of Section 5 of this act.
Any taxpayer who refuses or fails to comply with the provisions of this section or is hereafter found guilty in a court of competent jurisdiction of any violation of any Oklahoma income tax law shall not be eligible for the tax credit granted in Section 2357.7 of this title.
The Tax Commission is directed to immediately develop a system for registration of any income tax credits issued pursuant to Section 2357.7 et seq. of this title and a system which permits verification that any tax credit claimed upon an income tax return is validly issued and properly taken in the year of claim and ensures that any transfers of the income tax credit are not unduly restricted or hindered.