House committee substitute makes the following changes to 1st edition.
Adds a definition for low income community and makes changes to the definitions for long-term debt security, qualified active low-income community business, and qualified low-income community investment. Allows a taxpayer to carry forward any tax credit that cannot be claimed in a tax year for the next five tax years (previously, no limit). Adds that tax credits may not be sold or transferred on the open market. Requires the Department of Commerce to begin accepting applications for qualified equity investments before January 31, 2013. Prohibits the Department from accepting applications on or after January 1, 2015. Makes other technical and clarifying changes.
NEW MARKETS JOB ACT.
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View NCGA Bill Details | 2011-2012 Session |
TO ENACT NEW MARKETS JOB GROWTH INVESTMENT INITIATIVE.Intro. by Murry, McComas.
SOG comments (2):
Carry forward and sales of the tax credit limited
House committee substitute places a 5-year limit on carry forward of unused credits and prevents the sale of the tax credit on the open market. These changes reduce the cost of the tax credit program but make the credit less desirable to outside investors.
Bill History:
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Thu, 24 May 2012 House: Filed
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Tue, 29 May 2012 House: Passed 1st Reading
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Tue, 29 May 2012 House: Ref To Com On Commerce and Job Development
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Wed, 6 Jun 2012 House: Reptd Fav Com Substitute
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Wed, 6 Jun 2012 House: Re-ref Com On Finance
Bill Summaries:
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Bill H 1149 (2011-2012)Summary date: Jun 6 2012 - View Summary
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Bill H 1149 (2011-2012)Summary date: May 24 2012 - View Summary
Adds new Article 3L, NC New Markets Job Growth Investment Initiative, to GS Chapter 105 to provide a tax credit of amounts ranging from 0 to 7% for qualified equity investments. Defines quality equity investment as an equity investment in, or long-term debt security issued by, a qualified community development entity that (1) is acquired after the act’s effective date at its original issuance for cash, (2) has at least 85% of its purchase price used to make qualified low-income community investments in qualified in state low-income community businesses, as specified, and (3) is designated as a qualified equity investment and certified by the Department of Commerce (Department). Defines qualified active low-income community business, qualified community development entity, and additional terms. Provides details on the tax credit, and directs the Department to limit qualified equity investments as necessary to cap the tax credits at $40 million a year. Sets out the procedure for a qualified community development entity to apply to the Department for an equity investment or long-term debt security to be designated as a qualified equity investment. Allows recapture of the credit under certain circumstances. Requires the Secretary of Commerce to issue binding letter rulings in response to applicants requesting an interpretation of the law to a specific set of facts. Applies to qualified equity investments made in tax years beginning on or after January 1, 2013.
Bill is designed to provide a state tax credit alongside the federal New Markets Tax Credit (NMTC) program. The addition of a state tax credit makes it more likely that NMTC-eligible projects in North Carolina will attract equity investments. A list of other states that have enacted a state new markets tax credit can be found here.