Economic Development Agencies and The Startup Credit

The typical company being served by an Economic Development Agency meets the exact qualification standard for the startup credit.

Economic Development Agencies & What Their Primary Goals Are

Economic Development (ED) Agencies, although public entities, are highly focused on producing measurable results/metrics because their funding (that is, their jobs) from state, county, city and/or university entities depend heavily on their results.

The key metrics that ED Agencies are measured by:

  1. Number of jobs created by the companies they serve
  2. Number of dollars in follow-on capital which refers to investment (*and/or grant funding*) procured by the companies they serve

How The Startup Act Assists Economic Development Agencies In Reaching Their Goals

Though the Act doesn’t directly speak to grant funding, know that grants are easier to come by if a company is well-capitalized and has the credibility that comes with having procured capital [i.e., implied vetting]. Plus, many grants require matching capital from private/commercial investors.

The article, The “Startup Act”, Catching the Economic Development Winds, was written to resonate with Economic Development Agencies because it addresses how, in practical ways, the Act’s incentives can make both job creation and venture capital investment much less challenging than it would be without the incentives.

The clear intentions of the Act’s incentives are:

  1. Job creation, especially technology-based jobs
  2. Investment capital flowing into younger technology-based companies

These intentions line up perfectly with an ED Agency’s metrics.

It is completely possible that any given ED Agency isn’t fully aware of the Act’s incentives and is therefore not striving to meet its metrics with all of the tools available.  

Our Objective

The objective is to “inform and educate” these agencies so they can “inform and educate” their client companies (and potential investors in those companies). This would likely involve connecting client companies with the resources, probably in the form of professionals/experts, that can dig into their particular situations to see about realizing the benefits intended by the incentives.

GMG Savings Advisors can offer the ED Agency to connect its client companies with the experts/professionals that can make both increased job creation and follow-on capital a reality.

$14B Available in Manufacturing Tax Credits

$14B Available in Manufacturing Tax Credits

There is a new bill that would put $14B in tax credits back into the pockets of manufacturers.  What makes this bill unique amongst its predecessors is that manufacturers don’t have to wait around for this one to pass through its bureaucratic channels (or stall out in a constant state of delay and confusion).

Manufacturers can take advantage of this program before it passes.  This is because a largely unknown version of the program already exists called the R&D Tax Credit.  A temporary version is in place through the end of 2013 as part of the American Taxpayer Relief Act of 2012.  So, manufacturers can actually begin receiving funds this year based on previous years activities.

5 Reasons Manufacturers are not taking advantage of the current version of this credit:

  • They don’t understand the IRS definition of R&D (see article:  R&D I don’t think we do that!)
  • They believe their companies are too small
  • They believe the benefit won’t outweigh the work
  • They believe they have to change the way they operate in order to qualify
  • They believe that the credit is not being renewed

Not only will this credit most likely be renewed, but congress has continually made it easier to qualify and expanded the eligibility to include not only the Fortune 1000 but also small to mid sized firms who can utilize the credit to significantly affect their bottom line.

When working with manufacturers we ask two questions to determine qualification:

  1. Are you expecting to be profitable this year, or were you profitable in any of the last 4 years?
  2. Is your annual payroll for any of these years in excess of $1 million?

Since 2004 Growth Management Group has been educating and assisting Manufacturers and other Commercial Property Owners on their rights to programs buried deep within the tax code.  To date, we’ve assisted small and mid sized companies discover over $300M in benefit.  Contact us for a comprehensive review.

 

 

Do you have a ‘Tax Preparer’ or a CPA?

Depending on your answer, you could be getting bad advice which puts more money in the IRS’s coffers (and leaves less in your pocket).

Below is the crux of a typical tax preparer’s opinion regarding Engineering Based Cost Segregation Studies which an experienced CPA would say has kept many commercial property owners from implementing this highly beneficial tax strategy which is effectively encouraged by the IRS.

Here is a typical ‘tax preparer’ statement to commercial property owners:
“You are not getting additional depreciation, you are accelerating depreciation by allocating cost to shorter life. I advise against such a strategy as there can be future tax implications and also there is upfront cost involved.”

For frame of reference, here is the IRS’ view (from www.irs.gov) on cost segregation:
“Buildings and structural components have substantially longer depreciable lives than personal property. Therefore, it is desirable for taxpayers to maximize personal property costs in order to accelerate depreciation deductions and, hence, reduce tax liability.” (source)

Here’s how many experienced CPAs would look at this matter:

The above point of view isn’t considering the bigger picture. For instance, only looking at the (potentially) negative capital gains tax implications associated with cost segregation by itself is ‘missing the forest for the trees’:

  • It is not necessarily true this would be a ‘negative’ as it would depend on the ultimate sale price versus the depreciable cost basis; if the sale price is equal to or less than the depreciable cost basis then the capital gains issue is, well, a non-issue.
  • There is no consideration given to the positive effect on the income tax picture due to cost segregation; this positive effect needs to be weighed against the potentially negative capital gains effect.
  • In general, property owners will benefit from cost segregation if they hold the building for at least 18 months. One reason for this dynamic is that the capital gains tax, even at the 25% ‘re-cap’ rate, is much lower than the typical 35% to 39.6% income tax rate.
  • There is an assumption that the property owner is absolutely giving up all future depreciation benefits in exchange for taking those benefits now. Well, if the owner never replaces carpeting, wiring, plumbing and other such non-structural components, then, ‘yes’, that would be the case. But the reality is that these components will ultimately be replaced (which is the basis for the relatively shorter/accelerated tax-compliant depreciation time-lines for such items). The associated replacement costs can be depreciated.

So, in fact, the depreciation isn’t lost in reality. Plus, only about 20% of the building can be ‘accelerated’…the remainder stays in 39-year S/L.

  • In effect, this is a time-value-of-money/opportunity cost ‘play’. So an owner’s capitalization rate needs to be considered; a critical mass of money in the hands of a good businessperson NOW could feasibly produce a 10% or greater return. An owner’s ability to convert that ‘now cash’ (i.e., cash that becomes available due to cost segregation’s resulting reduction in current income tax) into more cash could easily dwarf the down-the-road bit-by-bit depreciation cost deductions which the owner MAY be passing on.
  • The “upfront costs” for conducting an Engineering Based Cost Segregation Study are barely worthy of factoring into the benefits equation; first, the Study is a business expense and effectively comes at a 35% (+/-) ‘discount’, and secondly, the Study cost can often be less than 10% of the tax benefit (even without the ‘discount’). Most business-minded people would find a project with a minimum 10:1 benefit-to-cost ratio to be worthy of pursuit.

So, do you have a ‘Tax Preparer’ or a CPA? The best way to find out is to ask him or her how they perceive the value of an Engineering Based Cost Segregation Study for a commercial property owner.

To stream a 3-minute video regarding this topic, please click here.

For additional information contact us.

Specialized Tax Incentives for the Funeral Home Industry

The IRS Is Trying To Help Funeral Homes Pay Them Less! (Don’t believe it? – read on)

This statement is directly from www.irs.gov, “Buildings and structural components have substantially longer depreciable lives than personal property. Therefore, it is desirable for taxpayers to maximize personal property costs in order to accelerate depreciation deductions and, hence, reduce tax liability.”

This largely overlooked tax strategy often reaps over $100,000 in tax benefits for a typical funeral home.

This strategy dates back to 1959 when the U.S. Tax Court allowed building owners to pursue component-based depreciation. In 2004 the IRS established a ‘Cost Segregation Audit Techniques Guide’; the Guide provides clear direction regarding how to establish the cost basis for non-structural building components and which depreciation time-lines to use for electrical wiring, plumbing, partitions, carpeting, finishes, parking lots, landscaping (and other qualifying components).

Think of it this way; why depreciate, say, carpeting in a 39-year time-line as if it were a structural steel beam? The IRS allows building owners to depreciate many such items in a more appropriate 5-year time-line. In fact, roughly 20% of your Funeral Home could likely be moved from 39-year to 5-year time-lines!

And just when you think you’ve died and gone to heaven (a little Funeral Home industry humor), it gets better! The IRS allows you to move such depreciation that you didn’t claim in years past, so-called ‘catch-up depreciation’, into your current tax year without having to do an amendment. Your CPA can move this ‘catch-up’ figure to your current tax year through a simple 481 change in accounting method.

The IRS recommends that building owners wishing to take advantage of this logical and well-established tax strategy conduct an Engineering Based Cost Segregation Study which documents:

  1. A building’s qualifying non-structural components and
  2. The depreciable cost basis for each of those components

The Study also places each component in the appropriate time-line per the IRS Guide.

For additional information contact us.

Stop Surviving and Start Growing

CEO’s are about the thrill of the deal, achieving something no other person has, the adventure, the vision!  Terms like survival, and cost cutting are something they’re willing to tolerate, but only as a means to the next opportunity to dream again. Even though the business landscape hasn’t changed much in the past few years, the attitude of the CEO has.  We are tired of surviving, and ready to grow again!  Even more, we refuse to live in survival mode.

So, what’s next?  The answer is simple:  GROW.  It seems like such an obvious solution, why didn’t we think of it years ago?

I think it’s because we weren’t hungry enough!  Cutting costs was easier than returning to the practices that once grew our empires in the first place.  But now the fun is gone, work has become exactly that…WORK!  So, the decision has been made; the dreaming has started again and this is where we go from here.

4 Ways to Stop Cutting & Start Growing:

1st:  Start dreaming again.  Get away, go for a drive, sit down with a notepad or whatever it is you once did to dream.  Don’t be afraid, don’t get caught up in the “what if” and “how will we pay for that” roadblocks.  Let’s be honest, you never counted cost the first time you wrote a vision, why start now?  One tip:  dream bigger this time.  You’re older, farther down your path, with more capacity.

2nd:  Make the commitment.  Not just to yourself, make it known.  Tell your staff, family, colleagues and friends.  Accountability is a mighty force and letting others know your plan not only gets others helping push the boulder up the mountain, but it makes giving up more difficult.  Once your name is on the line and your direct reports are coming back with status updates, your team is involved; it becomes real.

3rd:  Get back to the basics.  I know it was fun for a while when we didn’t have to work to get new clients, when the only thing needed for growth was an open sign, but now it’s time to get back to the basics.  Ask yourself, “What was it that made me successful in the first place?”  “What crazy forms of gorilla marketing did I implement?”  “What associations was I apart of?”  And, the painful one…“How many cold calls was I or my staff making?”  It’s important that we realize while the world around us has changed into a social hotspot, traditional marketing and relationship building are still the most effective ways to gain long-term clients and partnerships.

4th:  Every decision should point towards growth.  I’ve watched many CEO’s over the last five years point every decision towards survival, not towards growth.  If I asked what they would do if a few hundred thousand dollars dropped in their lap, most would talk about growing their business and expansion, but that isn’t what happens when those opportunities arrive.  In the last 10 years we’ve gotten companies around $300M in Specialized Tax Incentives, and I have watched time after time a company receive this money and immediately start plugging holes; going into survival mode. They are dedicating hundreds of thousands of dollars towards keeping the status quo.  The answer is so simple; if we are committed to growth, we have to turn every decision towards that plan.  Recently I’ve seen a shift in mindset.  No longer are CEO’s willing to survive just keeping afloat.  They’ve dropped the bucket, stopped bailing water, and decided the real solution is to build a bigger boat.

The #1 Lie About Cost Segregation

Cost Segregation on Older Buildings?

It is impossible for me to calculate the number of calls I’ve had with building owners and CPAs on the subject of Cost Segregation. Working some numbers in my head (ok, on my calculator), the number is likely well over 10,000. Out of all those calls there is one particular item that continues to rear its ugly, uninformed head and I can no longer stay silent. I must respond… with vigor!

The “item” in question comes in the form of the following quote, which I’ve heard too often to count:

“You can only do Cost Segregation on a new building or new renovation.”

I have no idea where this rumor started. I hear it weekly and now I am blogging in rebuttal.

First, I will say an unequivocal “Yes”, it is beneficial to have a Cost Segregation study done when you purchase/construct/renovate a new building. In fact, anyone constructing or renovating a commercial property should have a study completed. However, the true power of Cost Segregation is displayed on buildings that are not new!

“But, you can only do Cost Segregation on a new building or new renovation”.

To officially rebut this statement, I will go straight to the source. The first sentence in the IRS Cost Segregation Audit Techniques Guide – Chapter 6.2 reads:

[box style=”2″][googlefont font=”Sanchez” size=”16px”]”A taxpayer may conduct a cost segregation study on used property and then recompute its depreciation deductions for prior years”. *[/googlefont][/box]

Not only “may” a taxpayer do this but over 75% of our projects are older properties. In the industry we call this the “Catch Up” method, and it can produce powerful results.

Here is an example:

Mr. Client acquires a commercial property for $3,500,000 five years ago and never completed a Cost Segregation Study.

Despite rumors to the contrary, Mr. Client recognizes he may now have an opportunity to benefit from a study (maybe he read this blog post).

Mr. Client hires an expert (GMG for example), who identifies 20% ($700,000) of components that should have been allocated to 5-year life instead of 39 years. Mr. Client jumps for joy when he realizes the IRS will allow him to “catch up” $700,000 of missed accelerated depreciation on his next tax return!

Why doesn’t every building owner and CPA know this?

The answer is simple; it is not their area of expertise. Although some building owners and CPAs have substantial experience with Cost Segregation, most do not. There is a dearth of true educators in this field, which unfortunately leads to much misinformation. These factors have caused countless thousands of building owners to miss out on this powerful tax savings strategy.

All is not lost!

If you own a building and have not had a Cost Segregation study performed, you have not missed the boat. Hundreds of thousands, or even millions, of dollars in tax savings may be available to you. Now that you are aware, let’s see how much you qualify for!  Contact Us today for more information.

* Full Link: http://www.irs.gov/Businesses/Cost-Segregation-ATG-Chapter-6-2-Change-in-Accounting-Method

9 out of 10 Commercial Property Investors are Overpaying on Income Taxes

Year after year, the Federal Government has continued to incentivize those who invest in Commercial Property. The IRS has established guidelines that, if ignored, cause commercial real estate investors to pay more in taxes than they should.

What guidelines are being ignored by Commercial Property Investors?
Those revolving around Accelerated Depreciation; known in the taxation world as Property Cost Segregation.

Ramifications of Improper Depreciation Allocation

Most commercial property investors do not truly understand the substantial benefits of accelerated depreciation. This is evidenced by our analysis of thousands of depreciation schedules over the years. We have found less than 10% of investors are properly depreciating their properties. The most common misconception is, “I am going to get this money anyway”. Is this a true or false statement?

Let’s investigate…

  1. Capital Gains vs Ordinary Income Rates
    Although the mechanics of these calculations are not always as simplistic as we will be making it for this example, the short response is – increased depreciation leads to paying taxes at the capital gains rate as opposed to the ordinary income rate. Since capital gains rates are likely much lower than the Investor’s income tax rate, they would benefit from accelerated depreciation.
  2. Time Value of Money
    Simply put, your dollar is worth more today than it will be in the future. A tax dollar saved today therefore is worth more than a tax dollar saved in the future. Why lock up a tax savings in your property for 27-39 years when you can receive it today?
  3. Catch-Up Depreciation
    If you have not completed a Cost Segregation study on your property that you have held for a period of time, did you know that you can capture your entire missed benefit immediately? The IRS allows you to complete a 481 adjustment thus enabling you to catch up all the missed accelerated depreciation into the current tax year. This provision alone could save you hundreds of thousands immediately!
  4. The Power of Cash in hand
    You are a real estate “investor”. This means you understand the investing power of having funds in your hand today. Cash today [in the form of tax savings] enables you to invest in additional properties. The benefits of this are exponential and allow continued growth of your investment portfolio.

Correct allocation of real estate depreciation is essential for Commercial Property Investors to effectively manage their tax situation. Are you one of the 90% who are missing out on opportunities that 10% of your competitors are capturing?

For a free analysis of your Depreciation Schedules, please send an email to solutions@gmgconsulting.net.