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©2010 LarsonAllen LLP 1 Tax Incentives for Manufacturers Simulation Association December 6, 2011 Steve Roark, CPA Marni Spence, CPA
©2010 LarsonAllen LLP 2 Overview The Tax Formula The Research Tax Credit Cost Segregation & Depreciation IC-DISC
©2010 LarsonAllen LLP 3 The Basic Tax Formula Key to Savings Gross Receipts (Income)2,000,000$ Less Deductions(1,500,000) (reduce taxable income) (e.g., Depreciation, COGS, Payroll, etc.) Total Taxable Income500,000 Income Tax Rate35% Tax Due175,000 Tax Credits150,000($ for $ savings) Tax Check to IRS25,000$
©2010 LarsonAllen LLP 4 The Research Tax Credit
©2010 LarsonAllen LLP 5 The Research Tax Credit Background –Qualified Business Components –R&D versus R&E –General Process Contracting Considerations –Rights, Risk, Funding and Contracts R&E Timeline Documentation Credit Calculation
©2010 LarsonAllen LLP 6 Overview of the Research Credit Created in 1981 –Temporary part of the tax code – available through 12/31/2011 –Recent guidance has given much better definition of what qualifies and what a valid claim must contain –Benefit highly lucrative if claimed correctly Business Component –New or Improved Product or Process –New to client (not necessarily the world) –Process Improvement and/or Redesign may qualify Buzzwords: Patent, Patent Pending, New, Improved, Engineer, Coder, Design, Test, Prototype, Alpha/Beta, Upgrade
©2010 LarsonAllen LLP 7 The Picture IRC §174 Direct Costs In-Direct Costs Overhead / G&A Reimbursable Costs No Exclusions IRC §41 = R&E Wages Supplies Contract Research Experimental or laboratory sense = discover info that eliminates “product” development/improvement uncertainty Hands on, direct support & direct supervision allowed Patent = safe harbor New to client (not to world) Pilot Model, Process, Formula, Invention, or Technique
©2010 LarsonAllen LLP 8 Contracting Decision Tree Contract Awarded/ Grant Received Part/Component Fixed Price Payment Contingent on Successful R&E? Do you have Rights to Use R&E results? No, Disallowed (Yes) Allowable No, Disallowed Cost Plus or Time & Materials CLINs Separately Considered
©2010 LarsonAllen LLP 9 Market Research &/or Reverse Engineering Timeline Perspective Process of Experimentation to Eliminate Uncertainty Final Analysis of Information to Make a Production Decision Commercial Production Approval New Problem Identified during Production Disallowed Activities Disallowed Activities Allowable Activities Testing & Analysis of Test Results May Potentially Lead Back to R&E
©2010 LarsonAllen LLP 10 Industry Specific R&D Timeline ECP Disallowed Activities Disallowed Activities Allowable Activities May Potentially Lead Back to R&E Pre-Contract Award Work Market Research Vendor Research State of Technology/Training Reverse Engineering Design Prototypes/Mock-ups and Models Fixtures TestingProgram Mgt - CMMSafety - Functional / Flight TestFAA CertificationTraining - Destructive TestPart 21 - Dem/ValTechnical Writing - HALTOverseas R&E Production PreProduction Planning Creation of new production Machinery/Processes Tooling up for Production Debugging Qualification TestingTrouble Shooting
©2010 LarsonAllen LLP 11 Credit Claim – a 3 Step Process Quantify expenses related to qualified activities Document qualified activities Identify qualifying research activities Documentation creates NEXUS or a tie between activities and expenses
©2010 LarsonAllen LLP 12 Credit Calculation Example of Base Period Hurdle 20% Regular 14% Alternative Credits Offset Tax Dollar-for-Dollar & Offset 2010 AMT
©2010 LarsonAllen LLP 13 LarsonAllen Approach Phase I - Initial Assessment –Determine framework to establish Nexus between qualifying activities and expenses –Estimate potential credits –Determine utilization of benefit –Go/no-go recommendation Phase II - Substantiation –Construct actual Nexus between qualifying activities and expenses –Document activities & Finalize Credit Calculation –File on tax return – potentially 4 returns GOAL: Minimize Impact on Client – Maximize Benefit – Create Audit Support
©2010 LarsonAllen LLP 14 Cost Segregation
©2010 LarsonAllen LLP 15 Cost Segregation Why perform a cost segregation? –Maximize tax deferral ◊ Tax deferrals are accelerated into early years ◊ $1 worth more today than 40 years from now –Increase cash flow ◊ Tax savings in early years generates additional cash flow to reinvest
©2010 LarsonAllen LLP 16 Cost Segregation Classify separate component lives –39/27.5 year property re-classed to 5, 7 or 15 year lives (see Rev. Proc. 87-56) Activities that benefit include: –New Construction –Purchase of an existing building –Additions –Renovations –Leasehold or tenant improvements Benefit – More depreciation in early years
©2010 LarsonAllen LLP 17 Cost Segregation Example: ($3.9M building, renovation, etc.)
©2010 LarsonAllen LLP 18 Depreciation Alternatives Cost Segregation –Applied to New Construction, Renovations, Additions, Leasehold or Tenant Improvements –Breaks Out Items into Shorter Lives (5, 7, 15 year, etc.) –Can Perform After the Fact –Single Lump Sum Retro Catch Up Okay Bonus Depreciation – new only –100% of purchase price, class life of 20 years or less, thru 12/31/11 –Decreases to 50% in 2012 –Unlimited Amount Section 179 – new and used –$500K max - Purchase Price/Lease of equipment/software –Phase out ($ for $ reduction over $2M) –$125K max tax years beginning in 2012 – Phase out lowers to $500K
©2010 LarsonAllen LLP 19 IC-DISC (Interest Charge - Domestic International Sales Corporation)
©2010 LarsonAllen LLP 20 IC-DISC Company sells goods Pays a commission to the IC- DISC and deducts the amount of the commission DISC can loan commission money back to exporter, or DISC pays a dividend to shareholders Currently 15% tax rate B A
©2010 LarsonAllen LLP 21 IC-DISC Example
©2010 LarsonAllen LLP 22 IC-DISC – Key Points Export sales filed as commission income via 1120 IC-DISC Reclassifies export sales from ordinary income to qualified dividend –Reduces tax rate from 35% to 15% –$10M Exports generate minimum of $80K tax savings, sometimes much more Paper corporation only –Customers need not know of existence
©2010 LarsonAllen LLP 23 Conclusion Tax credits, deductions, bonus depreciation and other tax planning mechanisms create significant incentives for businesses Recent Events: –Add urgency to acting now –Are Designed for Businesses to Create Cash Flow –Sustain Jobs and Incentivize Investment
©2010 LarsonAllen LLP 24 Discussion
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