Attracting companies with high-skill, high-wage workers is the focus of many new legislative programs across the country.
Colorado, Delaware, Hawaii, Maryland, Mississippi, Missouri, North Carolina, Ohio, and Texas all recently enacted or revised their tax statutes to implement or improve incentives related to high-technology and research and development. Tax credit percentages have increased, definitions of qualified activities have expanded, and sunset provisions
have been repealed and carry forward provisions extended.
Most corporate taxpayers are aware that an available credit for research and development costs is available at the federal level as outlined under IRC Section 41 - Credit for Increasing Research Activities. Credit is available for qualified wages, supplies and prototypes and contract research.
Although tax laws and regulations vary from state to state, most states mirror the Internal Revenue Code when determining the type of project or activity that qualifies, as well as the qualifying costs that may be incurred in connection to those projects and activities.
A few selected states require that the taxpayer be "pre-approved" prior to actually claiming an available credit. Missouri, Pennsylvania, Maryland, North Carolina, Mississippi and Delaware all have application processes that must be followed.
A missed deadline can result in losing a credit opportunity altogether. Most other states allow a taxpayer to complete required schedules and include them with the tax return when filed. As with all tax issues, sufficient documentation to support any credit claimed must be maintained in case of audit.
Over the last year or two, several states have created additional types of incentives focused on research and technology gains. There is the Colorado High Technology Scholarship Contribution Credit, and the credit for Grants Made to Higher Institutions in Connecticut, which provide credits to taxpayers that make monetary contributions to qualified institutions.
North Carolina provides a credit for purchases of machinery and equipment used directly for production based on technology developed by and licensed from a research university. In addition, states are realizing that many high-tech, start up and research firms may not generate income for many years and the issuance of a credit to these companies provides no real incentive.
If the company has no income, it pays no income tax over the required minimum tax, and therefore, a credit is of no value. States like Connecticut, Missouri and New Jersey have changed their tax laws to allow these companies to transfer credits to other companies that will realize a benefit.
Many activities previously thought to be outside the realm of research and development may now meet the definition of a qualified research activity. In addition, qualification for the federal research and development credit is not always required to qualify for the available state tax incentives.
With the focus of business, industry, and now state legislatures on new and emerging technologies, the potential for related tax incentives is expanding exponentially.