New Jobs Tax Credits & Enhanced New Jobs Tax Credit
This program — consisting of the New Jobs Credit and the
Enhanced New Jobs Credit —benefits businesses that are planning
to increase both their space and their staff.
New Jobs Tax Credit
Eligibility Requirements
This six-year credit is available to businesses that increase their
space by at least 5,000 square feet and their employee count
by at least 25 new jobs. Businesses that are already resident
in theCounty or that are moving from outside of Maryland are
eligible to apply. The credit is not available to businesses
that move to Montgomery County from another Maryland county or
from Baltimore City, and it is not available to retailers.
The company must hire the 25 new permanent full-time employees
during a 24 month period during which the company takes possession
of the new or expanded premises.
A business seeking either the New Jobs Tax Credit or the Enhanced
New Jobs Tax Credit must notify the County of its intent to seek
the credit before expanding its space and staff.
Calculation of the County Tax Credits
The credit is based on the increase in both real and personal property
tax assessments resulting from the business’s expansion.
The credit decreases over six years, as follows:
Years 1 and 2: Credit = 52% of tax attributable to the assessment
increase
Years 3 and 4: Credit = 39% of tax attributable to the assessment
increase
Years 5 and 6: Credit = 26% of tax attributable to the assessment
increase
State Tax Credit
New Jobs Tax Credit recipients also are eligible to receive an
additional State tax credit, which uses the same calculation
method. However, the State credit is given against one of the
following taxes:
-
corporate or personal income taxes
-
financial institutions franchise tax
-
insurance premiums tax
The amounts for the State tax credit are as follows:
Years 1 and 2: Credit = 28% of tax attributable to the assessment
increase
Years 3 and 4: Credit = 21% of tax attributable to the assessment
increase
Years 5 and 6: Credit = 14% of tax attributable to the assessment
increase
Enhanced New Jobs Tax Credit
Eligibility
This 12- year credit is designed to benefit very large expansion
projects and is available to businesses that meet at least one
of the following three sets of requirements:
-
A company in a qualified industry (noted below) may:
-
Increase its space by at least 250,000 square feet;
-
Create at least 500 new permanent, full-time positions if it already has at least 2,500 existing permanent, full-time positions; and
-
Pay all these employees at least 150% of the federal minimum wage; or,
-
A company in a qualified industry (noted below) may:
-
Increase its space by at least 250,000 square feet;
-
Create at least 1,250 new permanent, full-time positions; and
-
Pay all these employees at least 150% of the federal minimum wage; or,
-
A company in a qualified industry (noted below) may:
-
Expend at least $150 million to increase its space by at least 700,000 square feet;
-
Create 500 new permanent, full-time positions if it already has at least 1,100 existing permanent, full-time positions; and
-
Pay all these employees at least 150% of the federal minimum wage and provide each employee a subsidized health care benefits package.
To qualify for the Enhanced New Jobs Tax Credit, a business must be engaged in one of the following qualified industries:
-
manufacturing or mining
-
transportation or communications
-
agriculture, forestry or fishing
-
research, development or testing
-
biotechnology
-
computer programming, data processing, or other computer-related services
-
central financial, real estate, or insurance services
-
the operation of central administrative offices or a company headquarters
-
a public utility
-
warehousing
-
business services
Calculation
A business has six years from the notification date to create and fill the
required number of new jobs and acquire and inhabit the new space. When this
is accomplished, and the company has notified the County Department of
Finance, the business will begin receiving the credit. The Enhanced Tax
Credit, like the regular New Jobs Tax Credit, is given against the local
real and personal property tax and is based on the amount of additional taxes
due as a result of the business’s expansion.
Unlike the regular New Jobs Tax Credit, however, the Enhanced Tax Credit is
calculated at the same rate for all 12 years. The County tax credit rate is
58.5% of the additional local tax liability.
State Tax Credit
The State also will give a credit based on this additional local tax
liability. The State credit is 31.5% for each of the 12 years and is given
against the same State taxes as the regular New Jobs Tax Credit (corporate
or personal income taxes, the financial institutions franchise tax, or
the insurance premiums tax).
Both the regular and enhanced State tax credits allow a business to “roll”
the credit for up to five years. This means that if the State tax credit is
higher than the amount of taxes due in any given year, your business can
claim the difference for up to five years.
"Recapture Provision"
Both tax credits also contain a “recapture” provision that requires a
business to repay the credits if they fail to maintain the job and space
requirements for three years. This provision is applicable to each
individual year, so that if a business maintains the minimum requirements
for14 years, it will have to repay only the last (twelfth) year of the credit.
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