San Joaquin received positive news for their economic development efforts, with the state of California extending their current enterprise zone to 656 square miles. The zone received conditional approval last year, however the final designation was key to establishing the region’s appeal to local businesses.

Most notably, this increase now includes several wineries and the General Mills facility in the city of Lodi.

If you are in the San Joaquin enterprise zone and are interested to see what tax credits you have available to you, please contact us for a free consultation.

Cal-Tax has been asked to participate as amicus before the California Supreme Court in support of respondent Dicon Fiberoptics, Inc. on the merits of Dicon Fiberoptics, Inc. v. Franchise Tax Board. In that case the lower court sustained the FTB’s demurrer in a tax refund lawsuit arising out of a claim for enterprise zone hiring credits. The FTB claimed that because the taxpayer could not produce underlying documentation in support of its vouchers entitling it to hiring credits, the taxpayer could not state a cause of action.

Dicon Fiberoptics appealed to the Second District, claiming that the FTB did not have the right to audit the voucher once issued. The court held that FTB was entitled to audit the voucher, but that the voucher was prima facie evidence that an employee is a qualified worker for the purpose of the hiring credit and the voucher shifts the burden to the FTB to prove that the worker is not qualified. The California Supreme Court has granted review.

This is an important case because the only other case on the issue is Appeal of Deluxe Corporation, a BOE decision that held the FTB has the authority to audit vouchers, and statutes granting FTB authority to examine and audit tax returns bear no exception for decisions by other governmental bodies, such as zone coordinators that issue vouchers. It is important that a Supreme Court decision on this issue be favorable to taxpayers and that it decline to rule that FTB has unlimited authority to require voucher documentation from the taxpayer.

Sacramento – The Franchise Tax Board (FTB) today released the 2009 state tax brackets. Brackets are “indexed” each year by adjusting them to reflect changes in the California Consumer Price Index (CPI).

Filing requirement thresholds, the standard deduction, and certain credits were adjusted along with income tax brackets based on the deflation rate of -1.5 percent, as measured by the California CPI for all urban consumers from June 2008 to June 2009. Last year’s inflation rate measured 5 percent. This has only occurred one other time since indexing became law in 1978.

The standard deduction will decrease for single or “married filing separate” taxpayers from last year’s rate of $3,692 to $3,637. For joint, surviving spouse, or head of household taxpayers, the standard deduction decreases from $7,384 to $7,274. The personal exemption credit amount for single, separate, and head of household filers will decrease from $99 to $98 and for joint filers or surviving spouses it will decrease from $198 to $196. The Renter’s Credit is available for single filers with adjusted gross incomes of $34,412 or less and joint filers with adjusted gross incomes of $68,824 or less.

A new tax law sets the dependent exemption credit for tax years 2009 and 2010 to the indexed personal exemption credit, lowering the credit to $98. Last year’s credit was $309.

In addition, FTB provides minimum filing requirement thresholds to ensure that most people who will not owe taxes are not required to file a tax return. FTB adjusts these tables each year to include the added senior exemption and the dependent exemption credits. For example, most single people under 65 years old with no dependents would not need to file a state return until they have adjusted gross income of $11,698 or more.

Other tax credits affected by indexing include the Joint Custody Head of Household Credit, Dependent Parent Credit, and Qualified Senior Head of Household Credit.

More information about this and other tax matters is available at ftb.ca.gov.

Below is a news release from the Franchise Tax Board:

(Sacramento) – The Franchise Tax Board (FTB) announced it accepts California registered warrants (IOUs) as payment of current and past due personal and corporate tax obligations.

To pay a tax liability with an IOU, endorse the IOU on the reverse side with the phrase “Pay to the order of Franchise Tax Board” and your signature then mail it with the tax bill or estimated tax voucher. By law, FTB cannot deposit the IOU until it is payable, but FTB will credit the taxpayer’s account on the date the IOU is received to stop the accrual of interest. If the IOU is not sufficient to pay the outstanding balance, taxpayers should send an additional payment for the difference. Otherwise, the taxpayer will receive a bill reflecting the new balance due.

On October 2, 2009, FTB will redeem the IOUs it has received with the Treasurer. If a taxpayer submits an IOU after October 2, FTB will deposit it and then credit the account with the face value of the warrant plus applicable interest.

Taxpayers wanting to receive the accrued interest from their IOUs must hold them until October 2, 2009, the date IOUs are redeemable.

A registered warrant is a “promise to pay,” with interest, that is issued by the State when there is not enough cash to meet all of the State’s payment obligations. If there is sufficient cash available, registered warrants will be paid by the State Treasurer on October 2, 2009. For more information, see the Treasurer’s website STO Registered Warrant Informationor the Controller’s website California State Controller’s Office: Frequently Asked Questions about Registered Warrants (IOUs).

The new Pasadena Enterprise Zone is significantly larger and covers both commercial and industrial zoned land within the City of Pasadena.  In addition, the City of Pasadena offers local benefits to businesses located within the Enterprise Zone boundaries.  Both the state and local benefits apply during the life of the Pasadena Enterprise Zone from April 10, 2007 until April 10, 2022.  If you’re in the Pasadena area, contact us to see what tax credits you can take advantage of.

Find Out if you Are in the Zone

Step One: Are you located in the 1992 Designation, 2007 Designation or both?

Copy of overlay map

1992 Street Ranges ; 1992 Boundary Map

2007 Street Ranges ; 2007 Boundary Map

• If your business is only located in the 1992 Street Ranges, you can utilize the State Tax Credits from April 10, 1992 to April 9, 2007. If your business is only located within the expansion area, you can utilize the State Tax Credits from September 13, 1999 to April 9, 2007.

• If your business is only located in the 2007 Street Ranges, you can utilize the State Tax Credits from April 10, 2007 to April 10, 2022.  If your business is only located within the expansion area, you can utilize the State Tax Credits from March 6, 2008 to April 10, 2022.

• If you are located within both the 1992 and 2007 Street Ranges, you can utilize the State Tax Credits from April 10, 1992 to April 10, 2022.  Please note: you must file two separate Franchise Tax Board (FTB) 3805Z forms for your 2007 tax filing year.

Step Two: Does your business qualify for the local benefits offered through the City of Pasadena?

Copy of local incentive map

Local Incentive Matrix

• If your business is located within the Enterprise Zone Business Development Area (EZBDA), your business qualifies for Building and Planning permit fee waivers. In addition, if you own a business, the City will waive your business license fee. Although fee waivers are permitted for businesses located within the EZBDA, business are still required to obtain required building and planning permits and business licenses from the City of Pasadena. Nonresidential property owners are excluded from receiving the business license fee waiver.

• If your business is located within the Enterprise Zone Technology Development Area (EZTDA) and if the land use is primarily used for scientific research (Research & Development Business) then your business qualifies for the Building and Planning permit fee waivers, as well as the business license fee waiver. To take advantage of this benefit, Research and Development businesses must obtain a letter from the Enterprise Zone Office first before applying for the fee waivers. Nonresidential property owners are excluded from receiving the business license fee waiver.

Business Incentives
Hiring Credit Program
This five year state tax credit, potentially up to $37,000 per qualified employee, for full-time or part-time employees that meet one of the twelve qualifying criteria under the Hiring Credit Program. Potential criteria includes but not limited to: previously laid off due to plant closure or downsizing, military veteran, public assistance recipient, and resident of a targeted employment area. Enterprise Zone business must obtain a Hiring Credit Voucher from the Pasadena Enterprise Zone Office.

• Targeted Employment Area Ranges for 2007 Designation
• 2007 Targeted Employment Area Map
• State Income Limits 2008 to 2000

Sales and Use Tax Credit
Allows Enterprise Zone businesses to claim a state tax credit equal to the sales and use tax paid on the purchase of qualified equipment. Qualified equipment includes assets such as manufacturing, data processing, office, audio/video, and computer equipment.

Business Expense Deduction
Enterprise Zone businesses may deduct up to 40% of the cost of qualified property purchased for exclusive use in an Enterprise Zone during the first year it’s placed in service.

Net Operating Loss
Enterprise Zone businesses may elect to carry forward 100% of their net operating loss for 15 years.

Net Interest Deduction for Lenders
Lenders can earn a deduction from income on the amount of net interest earned on loans made to Enterprise Zone businesses. Businesses looking for an edge in applying for a loan should bring this credit up with your lender.

With the current economic conditions, companies that are commissioned with local economic development are planning to utilize California’s Enterprise Program to attract new businesses.  Redding.com has reported the following:

With the recession forcing many companies to put expansion plans on hold, the EDC is focusing more on business retention, O’Sullivan said, promoting the Shasta Metro Enterprise Zone, which gives hiring credits to businesses.

In the past year, the enterprise zone has grown from about 800 credited employees to 1,300 credited employees, accounting for $13.5 million in hiring credits to companies, O’Sullivan said.

The Calexico region is beginning to get national coverage in its push for economic development.  And taking the forefront of the city’s efforts is the California Enterprise Zone program.  The New York Times reported this past week:

“Other new commercial developments are also on the drawing board in Calexico, said Danny Fitzgerald, director of the city’s enterprise zone. Projects under way include Calexico Mega Park, a 157-acre mixed-use retail, business and residential development by Westmount Properties; Calexico 111 Center, with more than 65 acres of commercial and 58 acres of industrial development; and Los Legos, some 500 acres that will include residential and commercial components.”

This national exposure for the EZ program benefits continues to reveal the importance of these tax benefits.

The competition for new Enterprise Zones is heating up this year, and one of the cities still waiting to hear about its approval is Needles, CA.

And the Needles Desert Star is reporting the wait is not over, “The city of Needles will have to wait a little longer to find out if it has been awarded enterprise zone status. The announcement, expected on May 18, has been delayed until some time in June. California Department of Housing and Community Development has informed the city that winners have not yet been selected.”

With only four enterprise zones being designated this year, 14 new city applicants will go without the coveted program benefits.  The city is pushing for the designation in order to augment its current strategy to attract new businesses to the region.

On June 10th, over 150 businesses from across Sacramento will be meeting together to consider the current economic status of the region, and the Enterprise Zone program will be one of the top issues discussed.  Along with the Enterprise Zone Program, OBSNews.com says that these civic leaders will also be considering:

· Support for growth of Sacramento’s clean energy sector,
· Protection of local government redevelopment funds,
· Improvement of airport safety from wildlife strikes,
· Passage of bills that support energy efficiency and renewable energy improvements,
· Support of changes to HR 1 to safeguard regional economic benefits of tourism and impacts on rural, economic development
· Support of many bills and measures to improve the region’s flood protection and safety, and
· Support of education and job readiness program for foster youth.

The thriving City of Long Beach offers an urban Enterprise Zone of over 41.4 square miles, encompassing thousands of businesses. If you have a company operating in this area contact us because it does not matter if your business is manufacturing or retail; large or small, the Enterprise Zone provides State tax credits that can enhance your business.

• Purpose: To provide targeted areas with a means to stimulate business and employment growth.
• Duration: 15 years, January 8, 2007 – January 7, 2022
• Area: Includes most of the City’s commercial and retail corridors and manufacturing centers.
• Eligibility: Any individual or company operating a trade or business within the Enterprise Zone is eligible for the program.
• Benefits: Companies located within the Enterprise Zone can save thousands of dollars on their business’s California income taxes.

So what are the incentives to operating a business in Long Beach?

Business Expense Deduction
Part of the cost of certain equipment, furniture and fixtures purchased for exclusive use in the Enterprise Zone may be deducted as a business expense as opposed to a capital expense.

Net Operating Loss Carryover
Up to 100% of a Net Operating Loss generated in an Enterprise Zone can be carried forward for up to 15 years. (Suspended for tax years 2002 and 2003)

Net Interest Deduction for Lenders
Lenders can deduct from net income the interest earned on a loan made to any business located solely in the Enterprise Zone.

Hiring Credit
Your company can receive over $37,400 in state tax credits over a five-year period, for each eligible employee. It is easy to find employees who meet the eligibility criteria if your company takes advantage of the Long Beach Career Transition Center employment services.

Sales and Use Tax Credit
Your business can claim a state tax credit equal to the sales or use tax paid on the cost of any of the following equipment purchased for exclusive use in the Enterprise Zone.

• Equipment used to manufacture, process, combine, assemble or fabricate a product.
• Data processing and communications equipment including computers, telephone systems, fax machines and copiers.
• Equipment used in motion picture production and post-production.
• Air and water pollution control devices.
• Equipment used to produce renewable energy resources.