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Posts Tagged ‘california tax law’

Governor’s Go-”Away” Biz Tees Up Its “New and Improved” Enterprise Zone Tax Credit

Tuesday, June 4th, 2013 | Enterprise Zones, Legislation, Tax News

 

Today, the Governor’s Go “Away” Biz think tank offered up a version of its new and improved tax credit.  The Governor proposes to eliminate the current Enterprise Zone program and replace it with a program so chock full of limitations and strings attached that surely the only person smiling today is Rick Perry.  Here is a link to the proposed new credit.  Here is a link to the short version of what the Go-”Away” Biz credit actually provides.

California was No. 4 in tax burden before Proposition 30 passed

Wednesday, March 20th, 2013 | Enterprise Zones, Legislation, Tax News

 

The Tax Foundation found that California ranked the fourth worst state when it comes to taxes.  And that was before it added more taxes with Prop 30.  Jerry Brown is gunning for number 1 if he continues his attempts to minimize the Enterprise Zone tax credits.

Brown’s Budget Shows Anti Business Sentiment By Increasing Regulations Aimed At Limiting Employer Access To Enterprise Zone Credits

Thursday, January 10th, 2013 | Enterprise Zones, Legislation, Tax News

 

Governor Brown released his 2013-2014 budget today which seeks to make it more difficult for businesses to utilize the Enterprise Zone credits.  At least a step up from last year when Brown proposed to eliminate the EZ program altogether, this year’s approach is more subtle.  Brown seeks to limit retroactive vouchering to one year, despite significant evidence and testimony that most of the businesses for which the credit is intended cannot process all their employee paperwork so quickly, i.e. the small businesses.  It seems that everyone but Brown recognizes that small businesses are the engine that runs California’s job market.  By making it more difficult for them, Brown is doing a disservice to the job market and to a large part of his constituency.

Brown also wants to require “third party” verification of employee residence in a TEA.  Assuming he means driver’s licenses instead of I-9s, again many of the lower income workers have no such third party verification and would thus be excluded from the credit.  The immediate result would be reduced hiring of those without California issued identification a result that I suspect Brown’s backers haven’t fully thought through yet.  Under Brown’s budget, there is a higher level of identification required for a tax credit than the law currently requires to allow someone to vote.  Perhaps an intended distinction….

Below is the full text of the Budget section discussing the Enterprise Zone:

Enterprise Zone Regulatory Reform

The Budget includes savings relating to new regulations for the Enterprise Zone program.  The proposed regulations will accomplish the following reforms:

Limit retrovouchering by requiring all voucher applications to be made within one year of the date of hire.

Require third party verification of employee residence within a Targeted Employment Area.

Streamline the vouchering process for hiring veterans and recipients of public assistance.

Create stricter zone audit procedures and audit failure procedures.

These regulatory reforms will primarily affect Corporation Tax revenue, but will also have an impact on Personal Income Tax revenue. The regulations, in total, are expected to increase General Fund revenue by $10 million in 2012‑13 and $50 million in 2013‑14. The Administration will be pursuing further Enterprise Zone reform through legislation.

 

Forbes Ranks California 41st On Its Annual List Of Best States To Do Business

Thursday, December 20th, 2012 | Enterprise Zones, Legislation, Tax News

 

I guess it could be worse.  Forbes ranked California as the 41st worst state to do business in.  An unfavorable tax structure tops the list of why California ranks so low. Here is the study.

Assemblyman V. Manuel Pérez Appointed As The Democratic Whip

Monday, December 3rd, 2012 | Enterprise Zones, Legislation, Tax News

 

From today’s Imperial Valley News:

Sacramento, California – Today, State Assembly Speaker John A. Pérez announced his new leadership team, appointing Assemblyman V. Manuel Pérez (D-Coachella) to the position of Democratic Whip.  The announcement was made during the swearing-in ceremony of the California State Assembly’s 2013-14 session.

“There is a lot of work to be done to keep the economy growing and get our communities back to work,” said Pérez, “and as a senior member of the Legislature entering my third and final term, I am pleased to be bringing my policy skills to bear as a member of the Speaker’s leadership team.”

As a member of Democratic leadership, Pérez will no longer serve as the committee chairman of the Assembly Committee on Jobs, Economic Development, and the Economy.

Also today, Pérez was nominated by his peers to serve as Vice Chair of the California Latino Legislative Caucus.  As Vice Chair, Pérez will work closely with State Senator Ricardo Lara, Chair, to set the direction and priorities of the Caucus.  The Vice Chair serves a one-year term.

Among his first actions of the 2013 session, Pérez introduced AB 28, a bill that adds accountability and transparency measures to the California Enterprise Zone program, a state program designed to attract business investment and support job creation in low-income and underserved communities.  Since his election to the State Assembly in 2008 and throughout his tenure as chair of the Assembly Jobs Committee, Pérez has been a vocal advocate to protect and strengthen this economic development program.

With the newly redrawn Assembly District lines, Pérez now represents the 56th district, which comprises the cities of Blythe, Brawley, Bermuda Dunes, Calexico, Calipatria, Cathedral City, Coachella, Desert Hot Springs, El Centro, Holtville, Imperial, Indio, Mecca, Oasis, North Shore, Salton Sea, Thermal, Thousand Palms, and Westmorland.

Democrats Gain Supermajority in Both Legislative Houses

Wednesday, November 7th, 2012 | Enterprise Zones, Legislation, Tax News

 

The Sacramento Bee is reporting that the Democrats have gained a two thirds majority in both legislative houses.  Consequently, they can raise taxes without any Republican opposition.  What this means for the EZs is yet to be seen.  There are some bright spots.  First, many Democratic legislators have EZs in their districts and they have come out in favor of continuing the program.  Second, given that Prop 30 passed, it is yet to be seen how aggressively the democrats will pursue further tax hikes, particularly employment related credits, in a still sensitive economy.  Stay tuned….

The Dicon Opinion

Friday, April 27th, 2012 | Enterprise Zones, Legislation, Uncategorized
 
Here is the actual Opinion.  The Supreme Court ruled in favor of the FTB based primarily on the FTB’s general audit powers which, as the Court cited, are not supplanted or limited by the regulatory scheme concerning an employer obtaining a voucher. “The FTB may rely upon this certification if it so chooses, and the Attorney General has acknowledged that the FTB likely will do so ―perhaps even in most cases, to the employer‘s benefit.”

“As the FTB explains in its opening brief: ―It is . . . reasonable to conclude that vouchers provide for an additional level of review which may satisfy the Board in some cases, while not in others. For example, in some cases the Board‘s review of a statistically significant sample of an employer‘s vouchers may convince it that the vouchers were properly issued only for eligible workers. In this case the Board may accept the vouchers without demanding the production of specific documentation of worker eligibility, or without any additional investigation. In other cases, though, the review of the employer‘s vouchers may raise concerns with the Board, or even reveal that vouchers were improperly issued. In these cases the Board will prudently demand evidence or documentation of worker eligibility. The Board is not required to audit every voucher in every case, just as it is not required to audit every taxpayer‘s return; in fact, the Board‘s limited budget effectively prevents this as a practical matter. In fact, given budgetary constraints, one would expect that the Board‘s review of employee eligibility would probably occur only in those cases where it has information that vouchers may have been improperly issued. The FTB cites several weaknesses in the vouchering process that could lead the FTB to audit a voucher, noting that ―at the time the vouchers were issued in this case there were no statutory or regulatory requirements regarding the documentation required to obtain or issue a voucher. In addition, there is no requirement for an agency that issues vouchers to communicate at all with the employees for whom it is required to supply vouchers, and vouchers may be retroactively issued years after the employment takes place. [¶] Nor, until new regulations that became effective November 27, 2006, was there even a requirement that enterprise zone agencies keep voucher records. [Citation.]

We find reasonable the FTB‘s view that ―[t]he voucher process complements the review/audit process and enhances its efficiency by allowing the Board to rely on vouchers in those situations where it has confidence in their accuracy, while requiring evidence in those cases where it does not. Because the FTB‘s interpretation of section 23622.7 is reasonable, there is no statutory conflict that requires the certification process to be harmonized with the laws governing the FTB‘s authority in the particular way urged by Dicon and the Court of Appeal.”

 
 

 

Supreme Court Rules In FTB’s Favor in Dicon Case

Thursday, April 26th, 2012 | Enterprise Zones, Tax News

 

In an unanimous opinion today, the California Supreme Court ruled  that the FTB can in fact audit behind the EZ voucher.  The voucher certificate is no longer considered “prima facie” evidence that the worker is qualified for the EZ program.  The opinion states:

We reverse the Court of Appeal’s holding that a certification issued by a governmental agency for purposes of the hiring tax credit under Revenue and Taxation Code section 23622.7 constitutes “prima facie proof of a worker is a ‘qualified employee,’ ” which shifts to the Franchise Tax board the “burden of demonstrating an employee is not a qualified worker for which no voucher should have issued. ” In all other respects, the Franchise Tax Board does not challenge the Court of Appeal’s judgment, and it is affirmed. Majority Opinion by Liu, J. — joined by Cantil-Sakauye, C.J., Kennard, Baxter, Werdegar, Chin, and Corrigan, JJ.

Enterprise Zones the One Bright Spot in an Otherwise Tough California Business Climate

Tuesday, March 27th, 2012 | Enterprise Zones, Tax News

 

In a recent survey, ”almost three-fourths (73%) of California firms that do business in multiple states say it is harder doing business in the Golden State than in other states, according to the 2012 business climate survey of the California Foundation for Commerce and Education.  That finding is higher than in 2011 (57%) or in 2010 (63%). The study of 699 businesses is sponsored by the California Chamber of Commerce. No one in the 2012 survey said California is an easier place to do business.”

Respondents are “overwhelmingly unimpressed by California’s state government. Only 2% could name a state action in the past year that helped make it easier to run their business.  Among the action named were enterprise zone tax credits, worker’s compensation reform and minimum-wage increase failed.”

Read the full OC Register article.

Court of Appeal Affirms FTB’s Position Re Sales or Use Tax Credit for Current Expense Assets

Tuesday, March 13th, 2012 | Enterprise Zones, Legislation, Tax News

 

The Second District Court of Appeals today ruled that the enterprise zone sales and use tax credit of Revenue and Taxation Code Sec. 23612.2 is not available in connection with the purchase of current expense assets, but rather only with the purchase of capital assets.  Read the full opinion.

 
 
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