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Issue No. 5 incentis group Newsletter
| Sept/Oct 2010
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Welcome to the incentis group Newsletter, the bi-monthly publication designed to keep
you, our valued business partners, in-the-know on developments in the incentives and credits
arena and incentis group projects and
services and aware of changes in the economic development industry that may benefit your
projects.
You may notice some changes we have made to the formatting of our newsletter. We hope this new layout will help you navigate our newsletter more easily. Starting with this issue, each issue will provide you with valuable information in the following three areas:
- New Incentive and Credit Opportunities
- Recent incentis group Project Successes
- Articles of Interest relating to economic and business development, incentives, credits and compliance
This content will be summarized and given additional prospective by the Message from the CEO, designed to keep you abreast of industry trends and influences our CEO has witnessed over the recent months. We hope you find this issue contains information useful in your project
planning. |
New Opportunities
Jobs are a
precious commodity. With new investment
and job creation scarce, state and local government officials recognize the
necessity to mull over strategies which will enable communities to protect the
jobs that currently sustain their economies. In many cases these efforts have
resulted in a more accommodating environment for securing tax incentives, credits,
and grants. Comprehensive knowledge of the positive fiscal and economic impacts
one's business, for-profit or non-profit, has on local and state economies is crucial
when competing for financial benefits.
Furthermore, clear and effective communication of this information can be
utilized to enhance public relations, marketing, and lobbying efforts.
This
information can also facilitate state and local economic development officials in
deciding how to affectively allocate limited resources and benefits by
providing a valuable tool for evaluating which businesses generate the highest
impact for their constituents.
Incentis
Group has proven time and again that our Economic and Fiscal Impact Studies illustrate
the positive impacts one's business generates within local and state economies
by forecasting long term:
- Employment - Direct, indirect, induced,
and construction period job creation and retention:
- We identify the primary jobs
and estimate the secondary job impacts of the retained and created
employment from specific industry classifications. We also estimate the
construction period employment impacts.
- Earnings - Direct, indirect, induced,
and construction period earnings generation and retention:
- We identify the primary
employee earnings and estimate the secondary earnings impacts of the
retained and created employment from specific operations. We also
estimate the construction period earnings impacts.
- Economic Output - Economic output generated by
new or existing operations across all industries of the state and local
economies:
- Each operating facility
generates economic output within an economy in the form of inputs
required from operations of other industries within the economy. We
estimate that total economic output generated across all industries
within the state and local economies as a result of the primary facility.
- Fiscal - Direct, indirect, induced,
and construction period state and local tax and fee generation and
retention:
- We identify the direct taxes
generated by a specific operation and estimate the indirect and induced
taxes generated as a result of the operation. Such taxes include
corporate income/franchise taxes, payroll taxes, corporate property
taxes, secondary and residential property taxes, sales and use taxes, and
development and impact fees where applicable.
Our impact analyses typically provide estimates over a ten year period, but can
be adjusted to reflect any time period that is deemed appropriate.
Additionally, our analyses utilize multipliers and methodologies that are
widely accepted by public authorities
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incentis group Success
incentis
group professionals recently completed incentives negotiations for an office relocation
and expansion project in the Dallas-Fort Worth region. Our client was proposing to add 250 new jobs
and relocate 150 current jobs into a renovated office space within the same
community. The company also proposed a
$4 million investment in leasehold improvements and office equipment.
incentis
group assisted our client in securing a $750,000 cash grant from the highly
discretionary State of Texas Enterprise Fund (TEF). Approximately
30% of applicants to the TEF are awarded a grant and the grants are mostly
reserved for projects with significantly higher capital investment
amounts. After initially being told that
our project was not a typical contender for a TEF grant, incentis group was
able to secure a meeting with state officials in order to demonstrate the
positive economic and fiscal impacts the project would have upon the Texas
economy and justify the grant request.
In addition to the TEF Grant, incentis group was able to
negotiate a $1,100,000 cash grant from one of the local communities in
competition for the project, nearly tripling the initial offer from the municipality.
For more information on the benefits outlined above or similar opportunities available to your Company, please contact James Gomochak at JGomochak@incentisgroup.com or 312-421-3482. |
Changes to the Michigan Single Business Tax
Prior
to adjourning for its spring recess on March 31, 2010, the Michigan Senate
passed House Bill 5937 amending the Michigan Revenue Act. The bill provides the Department of Treasury
clarification regarding the treatment of an entity disregarded for Federal
Income tax purposes for purposes of preparing the Michigan Single Business tax
return. The Governor subsequently signed
the bill into law.
The
Senate Fiscal Agency Committee analysis
provided that: "Specifically, for a taxpayer that filed a tax return under the former Single
Business Tax Act that included an entity disregarded for Federal income tax
purposes under the Internal Revenue Code, both of the following would apply:
The
Department of Treasury could not assess the taxpayer an additional tax or
reduce an overpayment because the taxpayer included the disregarded entity on
its SBT return.
The
Department could not require the disregarded entity to file a separate tax
return.
In
addition, if the taxpayer filed an SBT return that included an entity
disregarded for Federal income tax purposes, the taxpayer could not claim a
refund based on the disregarded entity's filing a separate return as a distinct
taxpayer."
The House Bill 5937, referred to above was created as the result of a Michigan
Court of Appeals decision in Kmart Michigan Property Services LLC v
Department of Treasury (283 Mich App 647, May 12, 2009 cert denied). In the case, Kmart LLC filed SBT returns as a
separate entity from its owner different to Michigan Revenue Administrative
Bulletin 1999-9. The Department challenged the filing resulting in litigation.
The Michigan Court of Appeals sustained the Kmart filing position. Because of
the language in this enrolled bill, the new legislation will not affect Kmart's SBT filing position.
Treasury's Filing Position: Enacted
legislation supercedes Treasury's position that required both new and amended SBT
returns be filed to recognize the status of these disregarded entities. This position would have created a
significant administrative burden on thousands of SBT taxpayers.
Companies should consider the financial statement
impact this legislation has if the company previously recorded uncertain tax
benefits or liabilities as a result of the Kmart decision. The enacted legislation may impact SBT
Taxpayers either positively or negatively depending on the facts and bring most
SBT taxpayers with federal disregarded entities back to the filing status prior
to the Kmart decision.
Since the
SBT has been repealed the only way the legislature could "correct" this issue
was through an amendment to the Michigan Revenue Act. It remains to be seen whether the legislative
correction will be challenged by other SBT taxpayers.
Impact on
the Michigan Business Tax This
legislation does not address the treatment of disregarded entities for purposes
of the Michigan Business Tax which replaced the SBT. The decision in the Kmart case could have
implications for certain taxpayers utilizing disregarded entities, with regard
to the MBT filing.
For
additional information on this and other legislative changes, please contact
Rita Williams at Rita.Williams@incentisgroup.com or 513-651-6786. This article co-authored by David M.Barrons, Partner,
Multi-State Tax Group at Beene Garter LLP.
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Message from the CEO
The nation's businesses are continuing to develop and
implement Sustainability Strategies to reduce energy consumption, replace
fossil fuels with renewable energy sources, and reduce unfavorable air and
water emissions. In many cases, these
strategies include corporate-wide initiatives that will result in millions of
dollars of annual savings. We are
increasingly approached by corporations seeking assistance in identifying
sources of funding to off-set the high costs of such initiatives.
incentis group is currently aiding our clients by securing
grants, tax credits, utility credits and other incentives that enable them to
undertake projects ranging from renewable energy generation to installation of
energy efficient lighting. Federal,
state, and local programs, as well as non-government programs are currently
available across the country to support Sustainability efforts.
Let us know if incentis group can help your company to
identify and secure incentives to assist you in implementing your
Sustainability Plans.
Larry Kramer
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 incentis group is a national
firm of incentives and credit professionals that provides incentive and
credit negotiations on behalf of
Companies that are partaking in any of the following activities in the United States,
Canada
and other parts of the world.:
- Making acquisitions
- Making routine capital investments
- Hiring or retaining employees
- Training employees
- Expanding OR downsizing facilities
If
your business is growing or experiencing changes, you may be eligible
for incentives,
credits and other benefits from your Federal, State and Local
Government. Additional
services offered by incentis group can be located on our web site www.incentisgroup.com or by contacting
our Vice President of Business Development, Karen Warren at 561-493-9558.
Sincerely,
Incentis Group
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