10 Questions…on
Enterprise Zones for Wade M. Downey
Small
business owners have a lot to think about every day of the year. So when
it comes to taxes, the easy way out is to slide it across the table to
an accountant. But these businesses may unknowingly qualify for an
Enterprise Zone tax credit that could be worth thousands and thousands
of dollars – even retroactively. Here, Wade M. Downey, a CBAPP Business
Advisory Board member, CPA, and partner with Downey, Smith & Frier, a
firm specializing in such work, sheds some light on the value of finding
out if your small business location and employees could turn tax time
into Christmas.
What are
Enterprise Zones and the tax credits they offer?
In the late-80s and early-90s, California established the Enterprise
Zone Program in an effort to revitalize economically depressed areas
throughout the state. Businesses receive tax incentives for hiring new
employees (hiring credit) or making capital expenditures (sales and use
tax credit). Today, there are 39 such Enterprise Zones across the
state, including many cities or portions of cities within Los Angeles
and Orange counties. You might be surprised by some of the cities that
are included.
Is it really
worth spending the time to figure out if a business does qualify for the
credit?
I hear that all the time. Let’s just look at the hiring credit,
which is worth as much as $31,544 per qualifying employee. One or two
employees make it worthwhile, but what if you employ 20 such employees?
Then we’re talking some tremendous tax savings. And the credit can be
applied retroactively. We recently worked with a company based in
Torrance with $7 million in annual gross sales that received a refund of
$132,500 after we looked back at their tax forms from 2001 to 2004, and
they expect to receive $60,000 per year in future savings. Lastly,
remember this is a tax credit, not a deduction.
What’s the
difference between a tax deduction and a tax credit?
Deductions reduce your taxable income when preparing your return and are
valued based on the percentage corresponding to your tax bracket.
Credits are direct dollar-for-dollar subtractions off your total tax
liability.
What cities
qualify as Enterprise Zones?
This is where it gets difficult because there are many different zones,
and they don’t follow directly along town borders. Some parts of Long
Beach, Los Angeles, Watts, Gardena, Torrance, Wilmington, San Pedro, and
Santa Ana qualify, to name a few. One way to determine if your business
is within such a zone is to check out the website:
www.hcd.ca.gov/fa/cdbg/ez/enterprise#maps.. Our area has both city
and county Enterprise Zones, and the maps are different, so you should
check the county map too:
www.lacdc.org/economic/incentives/incentives.shtm. Then, if you do
qualify, you have to contact the representative handling your region to
begin the process. That’s another web site:
www.caez.org/about_caez/members.htm
For the hiring
credit, how do you determine if an employee qualifies?
There are about 20 different criteria, where if the employee qualifies
for just one, your business qualifies for the credit. Some examples: the
employee lives in a designated areas called “Targeted Employment Areas,”
he or she is a veteran, or he or she was laid off before coming to work
for your business.
How’s the employee
credit work?
The credit is earned over the first five years you employ a qualified
worker. The first year, you receive a credit equal to 50 percent of
their salary, capped at one-and-a-half times minimum wage. The credit
then drops 10 percentage points each of the ensuing four years.
Are there any
other potential credits associated with Enterprise Zones?
As I mentioned earlier, there is also a sales and use tax credit, which
is based on any sales or use tax you paid on manufacturing,
telecommunication or data processing equipment. Finally, there is a
business deduction provision to accelerate the expensing of depreciable
equipment. Again, all of this can be done for up to four years
retroactively.
Do you have to own
a certain type of small business to qualify?
No. Whether you run an LLC or a C Corp or an S Corp or you’re a sole
proprietor, you can qualify. Although, you may have to claim the credits
differently on your tax forms. It should also be pointed out, it doesn’t
matter what type of business you operate, whether retail,
manufacturing, or service enterprise, they all qualify if located in the
designated area. My firm, which provides professional services, employs
a veteran and since we are located in an Enterprise Zone, we qualify.
Over the past two years we’ve received over $10,000 in credit.
Are there any
federal equivalents to Enterprise Zones?
The federal government has what it calls “Empowerment Zones” and
“Renewal Communities.” Renewal communities typically surround
Empowerment Zones, which are typically more impoverished and so receive
larger credits, up to $3,000 per employee. A lot of the time, they
overlap with Enterprise Zones, but to find out if your business is in
such an area, there’s another Web site:
http://www.hud.gov/offices/cpd/economicdevelopment/programs/rc/tour/ca/index.cfm.
Why don’t tax
preparers notify qualifying businesses?
Well, I think there are a number of reasons. First, it’s the age-old
issue of generalist verses specialist. I’m a specialist – this is all I
do. CPAs are generalists – they have to know a little about everything.
Secondly, the credit information is not in one central location as there
are many governing agencies. And finally, as you can tell from this
quick tutorial, this stuff gets very complicated pretty quickly, which
reminds me to say that all of this information should not be taken as
tax advice. So, I think many CPAs just get overwhelmed or conclude that
a business does not qualify before fully investigating it all. That
said, the first things you should do are check out these Web sites,
contact your CPA, and go from there. |