S.L. 123.87 Art. 4Application to the Corporation.

(1) When a company engaged in a trade, business, profession or vocation incurs, or intends to incur, qualifying wages and tuition expenditure, it may apply to the Corporation for a letter of approval under rule 5.

(2) Expenditure is to be treated as qualifying wages and tuition expenditure if it is expenditure that falls within any of the following descriptions and if it is incurred by a company in connection with a course of studies leading to a relevant qualification undertaken by one or more full-time employees:

(a) wages and the employer’s share of social security contributions paid in respect of the respective employee while he was a full-time employee pursuing the course in question;

(b) fees paid to the university or institution in question for the admission of the respective employee to the course and the attendance of that employee for that course;

(c) the cost of course materials directly related to the training programme, as may be approved by the Corporation.

(3) An application under this rule shall be made on such form as may be acceptable to the Corporation and shall:

(a) provide such particulars on the applicant as are necessary to determine whether it qualifies or not as a small or medium-sized enterprise;

(b) describe in detail each course of studies to which it refers, including the date of the commencement and of the completion of the course, the relative qualification and the particulars of the respective employee;

(c) contain a description of each item of qualifying wages and tuition expenditure that the applicant has incurred or intends to incur, which items shall be grouped according to the categories of expenditure listed in sub-rule (2);

(d) grant the authorisation referred to in sub-rule (4);

(e) contain such other information, breakdowns and details, and be accompanied by such documents and certifications as the Corporation may require;

(f) be made not later than three months before the company’s tax return date for the year of assessment that immediately follows the year in which the company incurs the expenditure to which the application refers.

(4) The authorisation referred to in sub-rule (3)(d) shall -

(a) grant to the Corporation and its officers access to any premises or works as the Corporation may consider necessary in order to ascertain any matter relevant to the approval of an application and the right to a deduction or tax credit under this Part;

(b) authorise the Corporation to disclose to the Commissioner any information and to pass on to the Commissioner originals or copies of any documents and records that the Corporation may have obtained in connection with the application.