For tier 6 projects, the revenue department recalculates a business’s starting employee count after some sales or transfers, while leaving earlier credits and incentives unchanged.
When a qualifying business sells or transfers covered operations to an entity outside its business group, the Department of Revenue recalculates its base-year employee count. Earlier credits and incentives stay unchanged.
The Department of Revenue recalculates the taxpayer’s base-year employee count by subtracting employees at the transferred operations. This covers part of the business operations under a tier 6 project agreement that is sold or transferred, including certain transactions under federal tax law. The taxpayer must have met the agreement’s required employment and investment levels, and the transferred operations must continue under an entity outside the taxpayer’s unitary group. The recalculation does not apply if the operations stop all work within 24 months after the transfer, or if the transfer’s main purpose was to close a location. Credits and other incentives earned before the transfer are not recalculated. This applies to agreements entered into after December 31, 2016.
No hearings or votes scheduled.