
The Elk Grove EDC can meet with your firm to tailor a state
incentive package to meet your business' specific needs.
Research and Development Tax Credit
Designed to encourage businesses to increase their basic
research and development activities in California, the
research and development tax credit allows companies to
receive a 15 percent credit against their bank and
corporation tax liability for qualified in-house research
expenses, and a 24 percent credit for basic research
payments to outside organizations.
Qualified research expenses generally include wages,
supplies and contract research costs. To qualify, a
taxpayer’s research must be conducted within California and
include basic or applied research of scientific inquiry,
original investigation for the advancement of scientific or
engineering knowledge or improved function of a business
component.
Net Operating Loss Carryover
California tax law allows businesses that experience a
loss for the year to carry this loss forward to the next
year in order to offset income in the following years. New
businesses can carry over 100 percent of their losses for 10
years if the loss is in their first year of operation.
California Employment Training Panel
A skilled workforce is key to a company’s ability to
remain competitive. The Employment Training Panel (ETP)
assists employer efforts to effectively train workers and
maintain skilled workforces capable of responding to
changing business and industry needs.
ETP-funded training works because employers make
decisions about their own training programs; training
investments help companies become more profitable; and,
performance-based contracting ensures success.
The ETP job training funds are available to all
California manufacturing companies, companies that face
out-of-state competition and businesses that are expanding
or relocating to California from other states or countries.
In addition to the manufacturing industry, and, of
course, California’s small business employers, the Panel
also prioritizes:
- Nanotechnology
- Biotechnology and Life Sciences
- Goods Movement and Transportation Logistics
- Aerospace and Defense
- Advanced Technology Information Services
- Multimedia/Entertainment
- Healthcare
- Construction
- Agriculture
Industrial Development Bonds
To promote investment in land, buildings and new
equipment associated with domestic manufacturing and
processing operations, Congress created tax-exempt
Industrial Development Bond (“IDB”) financing. As a result
of federal and state income tax exemptions, IDB financing
may be the most competitive financing option available for
the acquisition of manufacturing facilities and equipment.
IDBs allow qualified private-sector entities to borrow at
the low interest rates normally reserved only for state and
local government entities.
The California Infrastructure and Economic Development
Bank (I-Bank), several local Industrial Development
Authorities (IDAs) and some Joint Powers Authorities (JPAs)
issue IDBs on a “conduit” basis. A conduit revenue bond is
an obligation issued by a governmental agency, but payable
solely from the loan repayments received from the borrower.
The bonds do not constitute an obligation of either the
state or the issuer. Please review the following important
features of IDBs:
Industrial Development Bonds (IDBs) are tax-exempt
securities issued up to $10 million by a governmental entity
to provide money for the acquisition, construction,
rehabilitation and equipping of manufacturing and processing
facilities for private companies. IDBs can be issued by the
I-Bank, local Industrial Development Authorities, or by
Joint Powers Authorities.
- Manufacturing Facility. The project financed
by the bonds must be a facility used for the
manufacturing, production or processing of tangible
property (including the processing resulting in the
change of such property). No more than 25% of the bond
proceeds can be applied to ancillary office, warehouse
or other space.
- Qualifying Costs. At least 95% of the bond
proceeds must be spent on qualifying costs. Qualifying
costs are generally capital expenditures such as land,
building and equipment and other depreciable property
(and can also include capitalized interest during
construction).
- Used Equipment. If bond proceeds are used to
acquire used equipment, 100% of the cost must be spent
on rehabilitation of the equipment within a two-year
period.
- $40,000,000 Aggregate Limitation. A borrower
and certain users may not be the beneficiary of more
than $40,000,000 of certain tax-exempt bonds regardless
of the location of the projects; during a three year
period after the facility being financed is placed in
service.
- Land. No more than 25% of the bond proceeds
can be used to acquire land.
- Acquisition of Existing Manufacturing Facilities.
The acquisition of an existing facility can be
financed if at least 15% of the portion of the bond
amount used to purchase the facility is spent on
rehabilitation of the building within a two-year period.
- Maturity. The average maturity of the bonds
cannot exceed 120% of the average economic life of the
assets financed.
- No Working Capital or Inventory. Bond
proceeds cannot be used to finance working capital or
inventory
- $20,000,000 Capital Expenditure Limitation.
The capital expenditures for the project, when added to
the company’s other capital expenditures in the same
public jurisdiction as the project for the three years
immediately preceding and three years following the
closing of the financing of the project, cannot exceed
$20,000,000.
- Public Benefits. The project financed by the
bonds must meet certain public benefit criteria
established by the California Debt Limit Allocation
Committee (CDLAC), which include, among other things,
the creation or retention of jobs. CDLAC’s criteria for
IDBs and other types of private activity bonds can be
obtained at
www.treasurer.ca.gov/cdlac/.
- Prevailing Wage. The prevailing wage must be
paid to workers involved in the construction or
renovation of a facility financed with IDBs in
compliance with Chapter 1 (commencing with Section 1720)
of Part 7 of Division 2 of the Labor Code and
implementing regulations. California Labor Code,
Division 2, Part 7, Chapter 1, Article 1, Section
1720-1743 can be viewed at
http://www.leginfo.ca.gov. No Pre-Payment
Penalty.
- Credit Requirements. The borrower must
generally secure a letter of credit in the amount of the
bonds from a bank with a long-term credit rating of “A”
or better. An unrated private placement with a Qualified
Institutional Buyer is also possible under certain
conditions.
The IDB financing process can generally be completed
within 150 days. The conduit issuer’s staff and a financing
team, which typically consists of an underwriter, bond
counsel and financial advisor, will assist the applicant
through each stage
of the process.
Pollution Control Financing
The CPCFA provides tax-exempt bond financing for
pollution control projects. Their Tax-Exempt Bond Financing
Program gives California businesses help with acquisition or
construction of qualified pollution control, waste disposal,
or waste recovery facilities, and the acquisition and
installation of new equipment.
They also offer a Sustainable Communities Grant and Loan
Program that assists communities implementing “smart growth
strategies,” and the CalReUSE Program that offers
low-interest, forgivable loans to assist public and private
partners in redeveloping contaminated “Brownfield’s.” The
California Capital Access Program (CalCAP) helps
small-business borrowers obtain loans.
http://www.treasurer.ca.gov/cpcfa/
Small Business Loan Guarantee
California Small Business Loan Guarantee Program:
The Small Business Loan Guarantee Program allows a
business to not only acquire a loan it could not otherwise
obtain, but to establish a favorable credit history with a
lender so that the business may obtain future financing on
its own.
Eligible Applicants: Any small business as defined
by the U. S. Small Business Administration (typically
businesses that employ one hundred people or less).
Eligible Uses: Proceeds must be used primarily in
California and for any standard business purpose beneficial
to the applicant’s business, such as expansion into new
facilities or purchase of new equipment. Guarantee
Amount: Guarantees can cover up to 90% of the loan
amount, with the guaranteed portion of the loan not
exceeding $500,000. The guaranteed percentage varies and
subject to negotiation between the FDC and the lender.
Loan Information:
The term of the loan guarantee may extend up to seven
years:
- Interest rates are negotiated between the borrower
and the lender. The FDC may charge a guarantee fee of up
to 2% for guarantee amounts up to $150,000, and 3% for
guarantee amounts over $150,000, plus a documentation
fee of $250.
- Processing time takes three to five weeks, depending
on how quickly the applicant provides the necessary
information and documentation, and on the lender’s
responsiveness.
- Collateral is generally required, but each
transaction is tailored to meet the borrower’s financial
situation.
http://www.calbusiness.ca.gov/cedpgyfasb1gp.asp
SBA 504 Loans
SBA (Small Business Administration) 504 loans are
marketed, processed, closed and serviced by Certified
Development Corporations (CDC). Through the SBA 504 Program,
CDCs provide up to 90 percent of fixed-asset financing
costs. The second mortgage, long-term, fixed-rate financing
nature of the program allows banks to participate in
business expansion by reducing risk exposure. The benefit to
the borrower is a lower down payment requirement (10
percent) and a longerterm, fixed-rate loan, which translates
into reduced monthly payments.
The maximum SBA debenture is $1,500,000 when meeting the
job creation criteria or a community development goal.
Generally, a business must create or retain one job for
every $50,000 provided by the SBA except for “Small
Manufacturers” which have a $100,000 job creation or
retention goal.
Individual job goals can be somewhat flexible if the
CDC’s overall portfolio meets the requirements. At that
point, community impact and public policy goals can be
mitigating factors. Eligible 504 loan uses include the
purchase of land, existing buildings, new construction, and
the acquisition of machinery and equipment with a 10-year
useful life. The private sector participant finances 50
percent of the project cost and takes a first lien on assets
pledged as collateral.
The SBA takes a second lien on assets and finances up to
40 percent of the project cost, up to $1 million in some
cases. Borrowers inject 10 percent in the form of cash or
equity in real estate. For more information on SBA 504
loans, call the California Statewide Certified Development
Corporation toll free at (800) 348-6258.
http://www.sba.gov/services/financialassistance/basiex.html
Recycling Market Development Zone Revolving Loan
Program
The Recycling Market Development Zone (RMDZ) Revolving
Loan Program makes capital available for California
manufacturers located in RMDZs. The program provides direct
loans to eligible businesses that manufacture recycled raw
materials, produce new recycled products, or that reduce
waste from the manufacture of a product. These loans promote
market development for post consumer and secondary waste
materials and Divert waste from non-hazardous California
landfills. Funds may be used to acquire equipment, make
leasehold improvements, purchase recycled raw materials and
inventory, or acquire real property. Applicants may borrow a
maximum of 75% of the cost of a project or $2 million. Terms
are generally 10 years and low interest rates are fixed.
http://www.ciwmb.ca.gov/rmdz/loans/
Capital Investment Incentive Payments
California has enabled cities and counties to negotiate
property tax rebates with high-tech manufacturing companies.
Under the law, local governments can cap the taxable value
of any new high-tech manufacturing plant at $150 million
annually for up to 15 years. The manufacturer is then
charged an annual “community services fee” of approximately
$2 million.
This program commenced in the 1998-99 fiscal year and can
only be approved by a majority vote of the local governing
body. The Business, Transportation & Housing Agency
certifies that businesses described in Standard Industrial
Classification (SIC) Codes 3500 to 3899 are eligible for the
program. (California law still references the SIC codes. To
identify the newer North American Industry Classification
System (NAICS) code for these types of businesses, go to:
http://www.census.gov/epcd/www/naicstab.htm.
Special districts and school districts may also
participate in the payment of Capital investment incentive
payments, although they may not make payment of an actual
allocation. A Community Services Agreement (CSA) dictates
community service fee remittances, in amounts equal to 25
percent of the capital investment incentive amount
calculated for that project proponent for that fiscal year.
This fee cannot exceed $2 million in any fiscal year.
Employees at the facility specified in the CSA must be
covered by an employer-sponsored health benefits plan and
the average weekly wage, exclusive of overtime, cannot be
less than the state average weekly wage. The “state average
weekly wage” means the average weekly wage paid by employers
to employees covered under unemployment insurance, as
reported to the Employment Development Department for the
last four calendar quarters.
Property Taxes
County government levies and administers property taxes.
The State Board of Equalization performs an oversight role
relative to county assessors’ activities. Property tax is
levied on 100 percent of assessed valuation. The tax rate is
1 percent plus a component representing bonded indebtedness
for the district in which the property is located on the
lien date. The average property tax rate in California is
1.1 percent, but varies on a parcel basis.
Real property is appraised upon change of ownership or
new construction, and then adjusted annually at the lower of
2 percent or the rate of inflation as measured by the
Consumer Price Index. Assessed values on real property may
be reduced if the value is higher than the current market
value. Business personal property, including machinery,
equipment, and fixtures is taxed at the same rate as real
property, but is not subject to any special assessments.
Unlike real property, business personal property is
reappraised annually. Business owners must file a property
statement with the county assessor each year detailing
market value.
Finished goods and raw materials are not subject to
property tax. Only finished goods held for use are assessed.
http://www.boe.ca.gov/proptaxes/proptax.htm