Senate passes SB74 – New Economy Jobs Tax Credit

Earlier this week, the Delaware Senate passed SB74, which would modify the New Economy Jobs Tax Credit that has been in affect since 2007 and has not been utilized as much as policymakers had hoped.

Prime sponsor Senator Jack Walsh: “The credit is designed to help attract big employers and large numbers of high-paying jobs, which is what we all would like to see,” Walsh said. “Unfortunately, the fine print in the law is keeping companies from using it, which really defeats the purpose. With a few minor tweaks, I think this credit will finally produce the jobs it was meant to attract.”

The New Economy Jobs Tax Credit offers a 10-year tax break based on the number of jobs created and the salary those positions pay, as determined by an indexed salary threshold. To qualify now, a company would need to create 50 jobs that pay a salary of about $120,000 or 200 jobs with an average salary of $70,000. However, the credit as currently constructed requires those companies to add all of those new jobs in a single calendar year. SB 74 would change that provision to a 12-month period that could extend over two calendar years.

The measure also would move the timing of the annual salary threshold adjustment to provide businesses with greater certainty about the incentive being offered. It further protects taxpayers by disqualifying companies who fall below certain employment thresholds for two consecutive years.

The bill also streamlines the administration of the tax credit, which is currently counted against the bank franchise tax, the insurance premium tax, the corporate income tax and “other taxes and fees” imposed under Title 30 of the Delaware Code – in that order. SB 74 would replace “other taxes and fees” with the personal income tax and make the credit refundable only against one of those four taxes.

The vote was 19-0 with 2 absent in the Senate. The bill now moves to the House for consideration.

WHERE IS THE BILL NOW? Senate passed 19-0-2. Now in the
Economic Development/Banking/Insurance & Commerce Committee in House as of 5/15/19

DEMOCRATIC SPONSORS – Walsh, McBride, Delcollo, Osienski, Bush, Paradee, Brady, Mitchell, Viola

REPUBLICAN SPONSORS – Yearick, Wilson, Gray, Ramone, M.Smith

YES VOTES – Bonini, Brown, Cloutier, Delcollo, Ennis, Hansen, Hocker, Lawson, Lockman, McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Sturgeon,  Townsend, Walsh, Wilson

NO VOTES – 

ABSENT – Lopez, McDowell