Month: November 2017

The Excelsior Jobs Program is a powerful economic development incentive created to provide competitive financial incentives for businesses in New York. Designed to encourage businesses to expand in or relocate to New York, the Program applies to businesses that will create or retain jobs and make significant capital investments.

Generally, the be eligible under the Program, a business must create a specified number of net new jobs, defined as being new to the State, full-time or equivalent to full-time (requiring at least 35 hours per week), and filled for more than six months.

The following strategic businesses located in or planning to locate in New York are eligible under the Program:

• Scientific Research and Development businesses creating at least 5 net new jobs
• Manufacturing businesses creating at least 5 net new jobs
• Back office businesses creating at least 25 net new jobs
• Distribution businesses creating at least 50 net new jobs
• Music Production businesses creating at least 5 net new jobs
• Entertainment Companies creating at least 100 net new jobs
• Life Sciences Companies creating at least 5 net new jobs
• Other businesses creating at least 150 net new jobs and investing at least $3 million
• Businesses in strategic industries that make significant capital investment that have at least 25 employees; manufacturing firms who retain at least 5 employees are also eligible to apply for participation in the program.

Businesses deemed eligible under the Program may qualify for four fully refundable tax credits:

1. Excelsior Jobs Tax Credit: A credit of 6.85% of wages per net new job.
2. Excelsior Investment Tax Credit: Valued at 2% of qualified investments.
3. Excelsior Research and Development Tax Credit: A credit of 50% of the Federal Research and Development credit up to six percent of research expenditures in New York State.
4. Excelsior Real Property Tax Credit: Available to firms locating in certain distressed areas and to firms in targeted industries that meet higher employment and investment thresholds (Regionally Significant Project).

The Excelsior Jobs Program has been wildly popular and incredibly successful. Since its implementation, over 1,870 applications have been submitted, with 548 projects receiving approval, totaling over $954 million in tax credits being committed. Eligible businesses under the Program have committed to capital investments of over $5.38 billion, research and development expenditures of another $2.84 billion and the creation of 56,826 jobs.

If interested in learning more about the Excelsior Jobs Program or other economic development incentive programs, please do not hesitate to contact Murphy Partners LLP at (973) 723-7036 or info@murphyllp.com.

On Tuesday, November 14, 2017, the New Jersey Economic Development Authority (NJEDA) will hold its monthly board meeting in Trenton. Among the actions to be taken, the Board will consider twelve applications under the Grow New Jersey Assistance Program (Grow NJ). If approved, the twelve applicants could receive over $221,000,000 in tax credits.

Created under the Economic Opportunity Act of 2013, the Grow New Jersey Assistance Program (Grow NJ) is the State’s main job creation and retention incentive program. Under the Grow NJ program, businesses creating or retaining jobs in the State may be eligible for tax credits ranging from $500 to $5,000 per job, per year; with bonus credits ranging from $250 to $3,000 per job, per year (awards vary based on applicable criteria).

The Grow NJ program has been wildly popular and incredibly successful. Since its implementation, 232 projects have received awards, totaling over $4.4 billion in tax credits. Approved applicants generally have three years to certify, or complete, a project. A project is deemed complete when the applicant has hired or retained the number of employees listed in its application, and satisfied the program’s capital investment requirements. Once certified, the 232 projects will drive over $3.9 billion in private capital investment, create over 28,000 new jobs, and retain over 30,000 jobs at risk of leaving the State.

If interested in learning more about Grow NJ or other economic development incentive programs, please do not hesitate to contact Murphy Partners LLP at (973) 877-6984 or info@murphyllp.com.

As the smoke clears after a long battle, New Jersey will have a new governor on January 16, 2018. Yesterday, Phil Murphy defeated Lt. Governor Kim Guadagno in a race to succeed Governor Chris Christie as New Jersey’s 56th governor. Winning the race by 13 percentage points, Murphy will take office with large majorities in both the senate and the assembly. Having campaigned on a progressive platform, the new administration is likely to work quickly with members in the legislature to implement its agenda.

The next few months will be filled with the excitement of the transition: the Governor-elect putting together a transition team, selecting key positions within the front office, and working to identify individuals to fill the 15 cabinet-level or principal departments in the state’s executive branch.

Having spent years in Trenton as part of two executive branch agencies, I can tell you from firsthand experience that the importance of a proactive government affairs strategy is often overlooked. Too many times, I sat in meetings with organizations or businesses who were fighting from behind. Had they simply paid attention while the legislature passed a law, or an executive branch agency promulgated a rule, that materially impacted their business, they may have been able to influence the process. Whether because of a lack of knowledge, or a limited understanding of the process, they would find themselves in a compromised position.

While everyone likes certainty, smart organizations and businesses find opportunity in change. New leadership leads to new policy. Whether the issue is clean energy, the legalization of marijuana, or the raising of the state’s minimum wage, it is important to have a say in the conversation.

Chris J. Murphy is a partner in the governmental affairs group at Murphy Partners LLP, a boutique law firm located in Newark, New Jersey. He can be reached at (973) 723-7036 or cmurphy@murphyllp.com.