Perspectives on business and economic incentives Business Tax Credits & Incentives: A primer for good Public-Private Partnerships Governmental entities have long used financial tools to enhance and induce private investment in an effort to promote desired growth. Federal land grants encouraged westward expansion throughout the 1800s, state bond financing encouraged new industrial expansion during the 1930s, public electric utilities reduced power rates to encourage manufacturing expansion in the 1950s, and cities developed geographic economic zones to encourage job growth from the 1970s to the present. Today, financial programs designed to encourage private investment and job growth are strong and applicable to many varieties of projects. Credits and Incentives may be secured at the federal, state, and local government jurisdictions and may involve tax and non-tax-related benefits. Numerous corporate business actions promote an opportunity to create a healthy return on project investment (ROI). The ROI may reside within a detailed evaluation of the project and an analysis of the matching components or common ground with federal, state, or local economic development policies. Credits & Incentives State and local governments enact tax legislation to: 1) provide equitable services for citizens and: 2) create quality of life and professional opportunities. This desire by government in turn creates the primary tool for encouraging investment and/or job creation–tax credits, rebates, abatements, reductions, and many other forms of public/private partnerships and agreements. Governments also enact legislation that allow for grants of public money in exchange for investment and/or job creation. Local and state Credits & Incentives components Credits & Incentives can be derived and secured with both state and local jurisdictions. As mentioned in the introduction, these can also be tax-related and non-tax-related. Most states support a department focused on economic development. These departments work with companies considering investment or job creation and create and execute “financial partnerships” in exchange for investment and job growth. A state may consider a portion of new taxes resulting from an expansion as better than no taxes from the lack of a company expansion. Incentive examples Typical local incentives may include: Taking advantage of Credits & Incentives – act prior to committing to a location The two most important components for qualifying for Credit & Incentive programs are job creation and investment. For a company to fully take advantage of entering into a Credit or Incentive agreement with a state or city upon recognizing a need to expand its business, the company must take action prior to committing to a location for adding those jobs or investment. Job creation places new payroll in the local and state economy and results in a host of new tax creation including sales taxes from retail spending, home ownership taxes, payroll taxes, and personal income taxes. Job creation is considered a result of effective legislative policy and heavily monitored by elected officials. Investment by business creates long-term roots in a community and also creates many new taxing opportunities. Basic industry (industry that exports products and imports wealth, i.e., salaries) is the most coveted form of business. Project investment in real and personal property is highly monitored by officials holding fiscal responsibilities. Typical state incentives may include: 1.Property tax abatements or rebates 1.Corporate income tax rebates or credits 2.Sales & use tax credits or rebates 2.Refundable corporate income tax credits 3.Infrastructure grants 3.State sales and use tax rebates or credits 4.Job creation grants 4.Payroll credits or rebates 5.Job training grants 5.State economic development grants 6.Permit fee reductions/waivers 6.Bond financing opportunities Other situations may qualify a company to engage in a financial partnership including job retention, new spending in research and development, upgrading skills, adding a new product line, consolidating business operations, and employing people from a particular geography including enterprise zones. As noted previously, it is critical that the company begins its necessary due diligence early in the process and closely analyzes the proposed project including number of jobs, payroll, job skill level, type of investment, type of product being produced, location of investment, and the timing of the project prior to making any commitments to a location. This information will then be used when “positioning” the project strategically during the site location or incentive negotiation phase. Common examples of a successful project This example assumes the following project parameters and further assumes that the negotiations with state and local governmental bodies have occurred prior to a commitment to a location: 1. The creation of 300 new jobs 2. Average wage = $65,000 per year 3. Investment: $50,000,000 a. New building: $15,000,000 b. Machinery & Equipment: $25,000,000 c. Infrastructure: $10,000,000 (water, waste water, retention pond, road) In an ideal situation, the project should commence by evaluating four sites and narrowing the selection to two for analyzing a public/ private financial partnership. The project would need to begin with an examination of financial programs offered by each jurisdiction. Then strategic meetings would “position” the project for success within a jurisdiction. The result of a successful strategy may look like the following: Property tax abatement • City: 75% for 10 years = $2,000,000 • County: 50% for 10 years = $1,200,000 Local infrastructure grant $4,000,000 (provided with local bond financing) State corporate income tax credit • Equals 10% of qualified capital investment • Not to exceed 50% of total state liability in any one year • Allowed to carry forward for up to 10 years • Program = $800,000 over 10 years State payroll rebate • Equals 4% of total payroll due to location in a tier II county • Rebate offered during first 5 years of project • Program = $3,900,000 State job creation grant • $5,000 per new job • Payable upon holding new job for one year • Requires competitive out-of-state location • Program = $1,500,000 State enterprise zone program • Sales and Use tax rebates based on job creation • $2,500 per new job created • Payable upon job creation • Program = $750,000 Note: Programs will vary significantly by state and locality Evaluating a Credits & Incentives opportunity In evaluating its opportunities related to Credits & Incentives, the company should assemble various company divisions and departments to ascertain the company’s strategic plans. This grouping will highlight and incorporate all segments of the company to better identify Credit & Incentive opportunities. Groups valuable to this effort include tax, real estate, product development, strategic corporate segments (i.e., drilling, evaluation, completion, production and intervention products), executive leadership, etc. Evaluating company direction for the next three to five years could also help shed light on potential Credit & Incentive opportunities. Jones Lang LaSalle’s (JLL) Business and Economic Incentives (BEI) practice JLL supports and maintains a national practice of professional individuals focused solely on consulting companies in the identification, negotiating, and securing of Credits & Incentives. JLL’s BEI practice consists of a team from varying backgrounds and disciplines to create a well rounded and detailed expertise. For more information, please contact: Jubal Smith Managing Director + 1 214 438 6235 [email protected] Eric Stavriotis Senior Vice President + 1 312 228 2682 [email protected] Ann Marie Woessner-Collins Managing Director + 1 612 217 5144 [email protected] Amy Gerber Executive Vice President + 1 404 995 2447 [email protected]
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