This from Steve Sims, Taxpayer Advocate in theFTB’s February Tax News:

The Board of Equalization recently ruled in the Appeal of NASSCO Holdings, Inc 2010-SBE-001, November 17, 2010, that a corporate taxpayer may use Enterprise Zone credits and/or the Manufacturing Investment Credit (MIC) to reduce corporate alternative minimum tax (AMT). Since then, I have received many questions on how the FTB is going to implement this ruling. We will be revising Form 100 Schedule P in February 2011. In addition, the NASSCO decision applies only to corporate taxpayers, and does not apply to personal income taxpayers, due in part to differences in how the corporate and personal income tax statutes are drafted. Consequently, personal income taxpayers may not claim the credits at issue in NASSCO in the manner that a corporation could.

The most frequent questions I have heard on this issue are “Can I file an amended return?” and “How will this affect my credit carryover?” Unfortunately, we have yet to determine answers to these questions. Stay tuned however as we are working to get the answers to these questions and more as soon as possible. We will update you in a future Tax News article and possibly a Tax News Flash as information becomes available. In addition, you can go to ftb.ca.gov and search for nassco for additional information.

Steve Sims, EA

With the need for economic development, certain regions in California are strongly pushing for Enterprise Zone designation.  Most recently, Bruce Stenslie and Steve Kinney, of the Ventura County Star, had this to say about the value of the California Enterprise Zone program:

To understand why cities seek an enterprise-zone designation, and to evaluate its merits, it’s important to understand how it works. Enterprise zones are tied to areas that suffer higher-than-average unemployment and poverty. Businesses within an enterprise zone may receive tax credits for hiring new workers, but only for workers who reside within the enterprise zone or who face serious barriers to employment. The benefits for Oxnard are unique. We have high levels of joblessness in neighborhoods near the city’s industrial and commercial districts, but a disconnect between employers and residents. An enterprise-zone designation will place a premium on the skills developed by workers in the city, by rewarding business with a tax incentive for training and hiring local workers.

If you have a business in an Enterprise Zone, please contact us directly for a free consultation to see the tax credits that are available to you.

States from across the country are trying to attract California companies to relocate through a variety of incentive programs, however the Inland Empire area is leveraging the California Enterprise Zone program to retain local businesses.

Bob Dutton, a writer for ‘The Sun’ reported the following two examples of how the EZ program works in the San Bernadino area:

For example, U.S. Rubber Recycling Inc., a manufacturer of recycled rubber flooring products, has been aggressively recruited to relocate to Arizona. They ultimately chose to stay in California because of the incentives and tax credits offered by the Enterprise Zone Program. As a result, 100 good paying jobs remain in California.

A representative from Young Electric Sign Co., a manufacturer of custom electric signs, also shared how they relocated their Southern California operations to San Bernardino solely because of the Enterprise Zone Program. The incentives compelled them to stop looking in other areas because the San Bernardino Valley Enterprise Zone provided the incentives needed to grow their business and staff.