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Biomass Feasibility Project Final Report - Xcel Energy

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elsewhere in the county, or even to other cities. In the case of a co-generation plant attached<br />

to manufacturing or processing facility, JOBZ status could be conferred to a generation site as<br />

long as it can be clearly delineated. The program can’t designate equipment mixed in with an<br />

existing plant.<br />

The city exercises total and arbitrary discretion over JOBZ in its community. It does not have to<br />

extend exemptions to any project that it doesn’t want. Once it does approve a project,<br />

however, it must provide the whole JOBZ exemption package for the entire term of eligibility. It<br />

can’t pick and choose certain benefits or terms.<br />

When it comes to state taxes, as distinct from local taxes, even if the JOBZ project is fully<br />

approved by local taxing authorities and the Minnesota Department of Employment and<br />

Economic Development, it ultimately must conform to rules of the Minnesota Department of<br />

Revenue regarding JOBZ exemptions. For questions on state tax treatment, contact Anne<br />

Gravelle, 651-556-6836.<br />

Prevailing wage<br />

An important caveat to anyone considering a greenfield project in JOBZ: in order to qualify for<br />

exemptions, the building must be constructed by workers paid prevailing wages for that county.<br />

Equipment installation, however, does not fall under that requirement. The Minnesota<br />

Department of Labor and Industry, which promulgates lists of prevailing wages, makes a<br />

straightforward distinction between construction and equipment installation. If the work is done<br />

under a construction contract, it is construction and therefore subject to prevailing wage; if it is<br />

done under an installation contract, it is installation and therefore not subject to prevailing<br />

wage.<br />

For details on prevailing wages, go to: www.doli.state.mn.us, click on Prevailing-Wage Rates,<br />

click on the Minnesota map labeled Commercial, and then click on the county where you plan<br />

to build.<br />

JOBZ Tax Exemptions<br />

JOBZ exemptions fall into three categories: 1) Sales and Use; 2) Real Estate; and 3) Corporate<br />

Franchise (income). The program also provides a tax credit against income or a cash payment<br />

in the absence of income provided that wages average above a certain annual threshold,<br />

which currently is in the low thirty thousand-dollar range.<br />

Sales and Use Tax<br />

Real estate and corporate income tax exemptions begin once a facility is up and running. But<br />

the Sales and Use Tax exemption takes effect as soon as the developer signs a Business Subsidy<br />

Agreement with the city. Once that is in place, the developer or its contractor can take Sales<br />

and Use Tax exemption on purchases of building material and equipment while the plant is<br />

under construction.<br />

Until the end of the JOBZ period the sales tax exemption applies also to further purchases.<br />

Goods and materials for resale always have been tax-exempt, but JOBZ exemptions include<br />

items not for resale but for consumption at the plant: IT systems, supplies, furniture, material<br />

handling equipment, and even vehicles (except for over-the-road trucks).<br />

Page 100<br />

Identifying Effective <strong>Biomass</strong> Strategies:<br />

Quantifying Minnesota’s Resources and Evaluating Future Opportunities

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