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Issue No. 5                      incentis group Newsletter
Sept/Oct 2010
In This Issue
New Opportunities
Project Successes
Article of Interest
Message from the CEO
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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:
  1. New Incentive and Credit Opportunities
  2. Recent incentis group Project Successes
  3. 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

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.

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
www.incentisgroup.com