oeda - schoeny smith (10/14/2009)

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Ohio Department of Development’s Incentive Update Steve Schoeny Chad Smith Strategic Business Investment Division Ohio Department of Development Wednesday, October 14, 2009

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Steve Schoeny and Chad Smith talk about changes to Ohio's tax credit programs at the 2009 OEDA Conference.

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Page 1: OEDA - Schoeny Smith (10/14/2009)

Ohio Department of Development’s Incentive Update

Steve Schoeny Chad Smith

Strategic Business Investment Division Ohio Department of Development

Wednesday, October 14, 2009

Page 2: OEDA - Schoeny Smith (10/14/2009)

Today’s Agenda

I. State Tax Incentive Programs:• Changes in Job Creation Tax Credit Program (JCTC)• Changes in Job Retention Tax Credit Program (JRTC)• Computation of new JCTC

II. Job Ready Site (JRS) Program update

III. Ohio Film Tax Credit

IV. Other

Page 3: OEDA - Schoeny Smith (10/14/2009)

Changes in Job Creation Tax CreditJob Creation Tax Credit – Current

• Refundable tax credit based on withholding for Net, New, Full-time Employees– New Employees defined as 35 hours per week or more– Focus on full-time employees leads to cumbersome reporting

Job Creation Tax Credit – New

• Refundable tax credit based on growth in full-time equivalent employees (FTEs) and payroll– Permitting credit for FTEs recognizes that leading edge companies offer flexible work

environments– Payroll is a strong proxy for the delivery of wealth into Ohioans.

Impact: Two page annual reports

Page 4: OEDA - Schoeny Smith (10/14/2009)

Changes in Job Creation Tax Credit Job Retention Tax Credit – Current

• Non-Refundable Tax Credit based on retained full-time employees with more than 6 months tenure at the facility

• Minimum thresholds– $100 million in capital investment if wages average over $29 per hour– $200 million in capital investment if wages average less than $29 per hour– 1,000 retained jobs

Job Retention Tax Credit – New

• Payroll and FTE based like the JCTC• Lower thresholds

– $50 million in capital investment for manufacturing– $20 million in capital investment for non-manufacturing– 500 retained employees

• Program cap of $13 million in new annual credits per year

Page 5: OEDA - Schoeny Smith (10/14/2009)

Computation of Credit

Excess Income Tax Revenue (Value) based on CPI

$68,861 $70,789 $72,771 $74,809 $76,903 $79,057

$23,817

$48,378

$66,985

$81,871

$100,478$111,642

$119,085

$137,692 $133,971

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Rev

enue

BITR

ITR at Site

Page 6: OEDA - Schoeny Smith (10/14/2009)

Key Definitions

• “Income Tax Revenue (ITR)”• Total amount withheld from each employee employed at

the project.

• “Baseline Income Tax Revenue (BITR)”• “Income Tax Revenue” twelve months preceding Tax

Credit Authority approval• Multiplied by 1 plus the annual pay increase factor

• “Excess Income Tax Revenue (EITR)”• “Income Tax Revenue” minus “Baseline Income Tax

Revenue”

Page 7: OEDA - Schoeny Smith (10/14/2009)

Additional Definitions

• “Pay Increase Factor (PIF)”– Annual percentage adjustment of “Baseline Income Tax Revenue”

determined by the Tax Credit Authority

• “Payroll”– Wages paid to employees at the project location not including

benefits

• “Consumer Price Index”– The seasonally adjusted compound annual rate statistic released

by the Dept. of Labor, Bureau of Statistics

Page 8: OEDA - Schoeny Smith (10/14/2009)

Who qualifies?

• Companies that proposing to create at least 10 full-time employees at 175% of the federal minimum wage generating at least $660,000 in payroll over the first three years of initial operations qualify for the program.

• The payroll amount of $660,000 is the equivalent of 175% of the federal minimum wage for 25 full-time equivalent employees. This payroll figure will increase yearly as federal minimum wage increases.

Page 9: OEDA - Schoeny Smith (10/14/2009)

Scenario 1: 3-year Company

Excess Income Tax Revenue (Value) based on CPI

$68,861 $70,789 $72,771 $74,809 $76,903 $79,057

$23,817

$48,378

$66,985

$81,871

$100,478$111,642

$119,085

$137,692 $133,971

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Rev

enue

BITR

ITR at Site

Page 10: OEDA - Schoeny Smith (10/14/2009)

Assumptions

Excess Income Tax Revenue (Value) based on CPI

$68,861 $70,789 $72,771 $74,809 $76,903 $79,057

$23,817

$48,378

$66,985

$81,871

$100,478$111,642

$119,085

$137,692 $133,971

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue

BITR

ITR at Site

• Company had 90 FTE’s at the project site at the time of approval ($2.8m in payroll).

• The company proposes to create 60 new FTE’s ($1.87m in payroll).

• The wage for both current FTE’s, and new proposed FTE’s is $15.00 per hour.

• Company experienced large “ramp-up” growth over the previous three years (38%).

• BITR used annually adjusted by using 2x the 12-month ending Consumer Price Index of All Urban Consumers (1.4) plus “1” as the PIF, or 1.028%.

• Company meets payroll commitments by its third year and exceeds those commitments through the remainder of the term.

Page 11: OEDA - Schoeny Smith (10/14/2009)

Scenario 1: 3-year Company

Excess Income Tax Revenue (Value) based on CPI

$68,861 $70,789 $72,771 $74,809 $76,903 $79,057

$23,817

$48,378

$66,985

$81,871

$100,478$111,642

$119,085

$137,692 $133,971

$0

$20,000

$40,000

$60,000

$80,000

$100,000

$120,000

$140,000

$160,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Rev

enue

BITR

ITR at Site

Page 12: OEDA - Schoeny Smith (10/14/2009)

Scenario 2: Single-contract DependentExcess Income Tax Revenue (Value) Based on CPI

$57,108 $57,108 $67,186

$151,168

$218,354

$127,653

$80,623$100,779

$69,067 $71,001 $77,134 $79,293$72,989 $75,033

$15,228$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue BITR

ITR at Site

Page 13: OEDA - Schoeny Smith (10/14/2009)

Assumptions• Company had 100 FTE’s at the project site at the

time of approval ($2.9m in payroll).

• The company proposes to create 225 new FTE’s ($6.5m in payroll).

• The wage for both current FTE’s and new proposed FTE’s is $14.00 per hour.

• Company experienced payroll growth over the previous three years of 7.5%.

• BITR used annually adjusted by using 2x the 12-month ending Consumer Price Index of All Urban Consumers (1.4) plus “1” as the PIF, or 1.028%.

• Company lost its contract, and starting laying off employees at a rapid pace, dipping below is baseline employment in year 4. Secured a new contract in year 5.

Excess Income Tax Revenue (Value) Based on CPI

$57,108 $57,108 $67,186

$151,168

$218,354

$127,653

$80,623$100,779

$69,067 $71,001 $77,134 $79,293$72,989 $75,033

$15,228$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me T

ax R

even

ue

BITR

ITR at Site

Page 14: OEDA - Schoeny Smith (10/14/2009)

Scenario 2: Single-contract DependentExcess Income Tax Revenue (Value) Based on CPI

$57,108 $57,108 $67,186

$151,168

$218,354

$127,653

$80,623$100,779

$69,067 $71,001 $77,134 $79,293$72,989 $75,033

$15,228$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue BITR

ITR at Site

Page 15: OEDA - Schoeny Smith (10/14/2009)

Scenario 3: 2-year Company, Steady Growth

Excess Income Tax Revenue (Value) based on CPI

$158,291 $162,723 $167,279 $171,963 $176,778 $181,728

$0

$76,990

$153,979

$186,058 $192,474 $198,890 $198,890 $200,173 $202,739

$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue

BITR

ITR at Site

Page 16: OEDA - Schoeny Smith (10/14/2009)

Assumptions• Company had 120 FTE’s at the project site at the

time of approval ($5.4m in payroll).

• The company proposes to create 35 new FTE’s ($1.6m in payroll).

• The wage for both current FTE’s and new proposed FTE’s is $22.00 per hour.

• Company experienced rapid payroll growth during 2-year start-up period (50%).

• BITR used annually adjusted by using 2x the 12-month ending Consumer Price Index of All Urban Consumers (1.4) plus “1” as the PIF, or 1.028%.

• Company reached commitments in year three, then maintained a steady growth pace.

Excess Income Tax Revenue (Value) based on CPI

$158,291 $162,723 $167,279 $171,963 $176,778 $181,728

$0

$76,990

$153,979

$186,058 $192,474 $198,890 $198,890 $200,173 $202,739

$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue

BITR

ITR at Site

Page 17: OEDA - Schoeny Smith (10/14/2009)

Scenario 3: 2-year Company, Steady Growth

Excess Income Tax Revenue (Value) based on CPI

$158,291 $162,723 $167,279 $171,963 $176,778 $181,728

$0

$76,990

$153,979

$186,058 $192,474 $198,890 $198,890 $200,173 $202,739

$0

$50,000

$100,000

$150,000

$200,000

$250,000

2007 2008 2009 2010 2011 2012 2013 2014 2015

Tax Credit Year

Inco

me

Tax

Reve

nue

BITR

ITR at Site

Page 18: OEDA - Schoeny Smith (10/14/2009)

Ohio Job Ready Sites Program (JRS)

Page 19: OEDA - Schoeny Smith (10/14/2009)

JRS Overview

• Program created to fill gaps in Ohio’s inventory of readily available sites

• Site Categories– Manufacturing or Mega Manufacturing

– Technical Center/Research Laboratory

– “Smart” Office

– Existing Industrial Building

• Sites are held to rigorous site development standards• Sites are certified by Development and a third-party site

selector upon completion

Page 20: OEDA - Schoeny Smith (10/14/2009)

JRS Timeline – Funding Round 3

• Fall 2009– Program Guidelines

– Pre-application• Provides preliminary feedback on projects• Participation not required

• Winter 2010– Competitive application

• Fall 2010– Award announcements

Page 21: OEDA - Schoeny Smith (10/14/2009)

JRS Funding Round 3

• Combined FY 2010 & FY 2011– $20 million available in competitive funds

• Industrial Site Improvement Fund Program rolled into JRS

• High-Intensity Category– Grants capped at $3.5 million– Typically moderate to significant infrastructure improvements– Certification required

• Low-Intensity Category– Grants capped at $750,000– Typically minimal or phased infrastructure improvements– Certification preferred but not required

Page 22: OEDA - Schoeny Smith (10/14/2009)

Ohio Film Tax Credit

Page 23: OEDA - Schoeny Smith (10/14/2009)

Film Tax Credit• The program provides a refundable, non-transferable tax credit to be

taken against a business’ corporate franchise tax or an individual’s Ohio personal income tax obligations. The credit is based on eligible production expenditures (EPE’s)

• EPE’s must be made in Ohio to qualify for credit. Production expenditures do not, however, have to be made exclusively in Ohio.

• Must have a minimum of $300,000 EPE in order to apply• EPE’s are credited as follows:

– Ohio resident cast and crew wages will be credited at 35%– All other EPE’s will be credited at 25%.

**For the purposes of this credit, an Ohio resident is an individual who maintains a domicile located in the State of Ohio for at least six months in any calendar year.

Page 24: OEDA - Schoeny Smith (10/14/2009)

Other Tax Credit/Incentive Issues

• Technology Investment Tax Credit– $15 million in additional capacity

• State New Markets Tax Credit– $10 million to support investment similar to the federal program

• Sporting Events Tax Credit– Super Bowl; NCAA Bowl Championship Series and Final Four games;

the Olympics; all-star major-league basketball, baseball, and hockey games; World Cup Soccer games; and the National Senior Games

– Does not start until FY2012

– No funding source

Page 25: OEDA - Schoeny Smith (10/14/2009)

Questions?

Steve SchoenyDirectorStrategic Business Investment Division(p) 614-728-9499(f) 614-644-1789

Chad SmithManagerOffice of Grants & Tax IncentivesStrategic Business Investment Division(p) 614-387-1498(f) 614-644-1789