Maine Tax Forum Maine Business Tax Incentives. Robert Crawford Shana Cook Mueller N. Joel Moser November 8, 2012
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1 Maine Tax Forum 2012 Maine Business Tax Incentives Robert Crawford Shana Cook Mueller N. Joel Moser November 8, 2012
2 Introduction What s in the toolbox? Tax Increment Financing TIF Basics Credit Enhancement Agreement TIFs Concept of Tax Shift Benefit 4 Examples: From Simple to Complex Pine Tree Development Zones & Other Maine Business tax Incentives
3 TIF Basics Tax increment financing is an economic development tool for municipalities. Allows municipality to capture new property tax value. Property taxes on new value are TIF Revenues. TIF Revenues can be used to fund a wide variety of authorized project costs, including direct payments to developers for costs of capital improvements. Statutory procedure for creating a TIF district. Required documentation. Statutory criteria and program limits apply.
4 Credit Enhancement Agreement TIFs A municipality may provide payments of TIF revenue to a developer/property owner through a Credit Enhancement Agreement (CEA). Developers use CEAs to convince lenders of positive future cash flow. CEAs are often assigned to banks as part of finance closing. Common misconception: CEAs are the only purpose of all TIFs. TIFs often allow municipalities to complete substantial municipal economic development projects and enjoy financial benefits.
5 Tax Shift Benefit Overview TIFs shelter new value from a municipality s State Valuation. A municipality s State Valuation effects 4 important areas of municipal finance: 1. State Education Subsidy 2. County Taxes 3. State Revenue Sharing Subsidy 4. Additional Local Education Contribution
6 Examples 1. BASIC - No CEA example 2. DIRECT BASIC - Direct CEA basic example 3. DIRECT COMPLEX Area-wide TIFs 4. COMPLEX Multiple layers
7 Example 1: BASIC No credit enhancement agreement Infrastructure needs that the municipality funds
8 Oxford Casino
9 Example 2: DIRECT BASIC Direct credit enhancement agreement (property tax reimbursement agreement)
10 Kennebec Ice Arena
11 First Wind Rollins Project
12 Example 3: DIRECT COMPLEX Business Park Tax Increment Financing District Advertise to prospective business owners Includes some transit and downtown TIFs.
13 Business Park TIF District
14
15 Example 4: FULL COMPLEX Tax Increment Financing District Development District, special assessment Municipal Bonds
16 TIF Summary TIFs are a flexible tool for municipalities to promote economic development. Education of the legislative body is imperative, especially for municipalities new to TIFs. Department of Economic and Community Development determines statutory compliance on all applications.
17 Tips for Developers Seeking TIF Assistance with a Project Timing: Talk to us early in the development process WELL BEFORE any shovels are in the ground. A TIF doesn t have to be a benefit ONLY to the Developer. TIF statute doesn t require but for test be met. Advantage of bringing Bernstein Shur municipal attorney to negotiate with the municipality.
18 Pine Tree Zones Should Not be Overlooked ~Mainebiz, March 19, 2012
19 Goals of Pine Tree Development Zones Greatly reduced or virtually eliminated state taxes for up to 10 years. Create quality jobs in targeted business sectors throughout Maine Targeted Eligible Sectors: Biotechnology, aquaculture, and marine technology Composite materials technology Environmental technology Advanced technologies for forestry and agriculture Information technology Manufacturing Financial Services
20 Potential Business Benefits Corporate Income Tax Credit Insurance Premiums Tax Credit Income Tax Reimbursement Sales and Use Tax Access for reduced electricity rates approved by the Public Utilities Commission.
21 Requirements to qualify 2009 law broadened geographic eligibility: Tier 1 vs. Tier 2 Effective January 1, 2010, newly-certified businesses located in certain municipalities in York and Cumberland counties are limited to 5 years of benefits. ( Tier 2 ) Cumberland County: Baldwin, Cape Elizabeth, Chebeague, Cumberland, Falmouth, Freeport, Gorham, Gray, Harrison, Long Island, New Gloucester, North Yarmouth, Portland, Pownal, Raymond, Scarborough, South Portland, Standish, Westbrook (not Sappi), Windham, Yarmouth York County: Acton, Berwick, Buxton, Dayton, Eliot, Hollis, Kennebunkport, Kittery, Limington, Old Orchard Beach, Shapleigh, York Otherwise eligible businesses locating in any municipality not listed below ( Tier 1 ) will have access to 10 years of benefits. Must be able to state that but for the benefits, the company would not be able to add the new job(s)
22 Quality Job Must create at least one net new quality job Income requirements by County (taken from Department of Economic and Community Development Website): County Annual Income Androscoggin $34,808 Aroostook $29,817 Cumberland $45,147 Franklin $29,636 Hancock $36,164 Kennebec $35,418 Knox $37,563 Lincoln $37,229 Oxford $29,199 Penobscot $33,149 Piscataquis $29,950 Sagadahoc $37,243 Somerset $29,197 Waldo $31,457 Washington York $29,464 $37,316
23 Application Process Company contacts DECD Business Development Specialist Company sends but for letter to DECD Acknowledgment letter is sent to the company from DECD Company completed application for certification and submits to DECD DECD finalizes review of application DECD issues certification letter and certificate to Company.
24 Concluding Thoughts: Other Business Tax Incentives Tax Incentives: TIFs Pine Tree Development Zones Employment Tax Increment Financing Business Equipment Tax Exemption Jobs and Investment Tax Credit Technology Tax Credits (Research Expense; R&D Super Credit; High-Technology Tax Credit) Equity Financing Maine Economic Development Venture Capital Revolving Investment Program (FAME) Maine Seed Capital Tax Program Small Enterprise Growth Fund Maine Investment Exchange Direct Grants & Loans CBDG Economic Development Program Maine Technology Institute Seed Grants & Development Awards Economic Recovery Loan Program Energy Conversation Loan Program Technical Assistance Programs Maine International Trade Center Maine Small Business Development Centers Regional Councils of Economic Growth
25 Resources Maine Department of Economic and Community Development: DECD Pocket Guide to Maine s Business Resources
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