CONTINUED FROM PAGE 17 Second, if a developer can finance the project through private financing, the developer could simply charge a sales fee on retail transactions occurring within the Project District essentially equal to the lowered sales tax rate. In that way, customers will pay the same total price on a taxable transaction than they would pay elsewhere in the state. The developer could use the extra funds from that fee to help pay the project costs. Third, a developer could work with the locality to impose an occupation tax on transactions occurring within the district that would again make up for that lowered sales tax rate. The locality would then facilitate the issuance of bonds, used for project financing, that would be paid for using such tax revenue. Nebraska’s existing Community Development Law may facilitate such an option through the use of an Enhanced Employment Area. Fourth, the 2024 Nebraska Legislature is currently considering the adoption of LB 1374. This bill would allow localities to impose either an additional sales and use tax, or an occupation tax, on transactions occurring within the District. Such taxes would need to be approved by voters. If the taxes were approved by voters, a locality could adopt a Good Life District Economic Development Program that would allow the locality to issue bonds, to be paid off by the additional tax revenue, that would be used for project financing. Since a Project District can include areas not owned by the applicant, other property owners in the District also need to understand the business and legal implications of a Good Life District on them. Conclusion Based on the interest so far, it is beginning to look like the Act could encourage significant economic activity in the state—activity that appears unlikely to have happened without the Act. The Act is scheduled to close to new applications after 2024, so we continue to expect more potential projects under the Act could be proposed this year. The Act may also become a new illustration that the right tax incentive, which is significant enough to drive decisions, is a powerful tool that can help a state and its citizens grow and prosper. Nick Niemann and Matt Ottemann are partners with McGrath North Law Firm. As state and local tax and incentives attorneys, they collaborate with CPAs to help clients and companies evaluate, defend, and resolve tax matters and obtain various business expansion incentives. See their websites at www.NebraskaStateTax.com and www.NebraskaIncentives.com for more information. For a copy of their publications, The Anatomy of Resolving State Tax Matters or the Nebraska Business Expansion Decision Guide, visit their websites or contact them at (402) 341-3070 or at nniemann@mcgrathnorth.com or mottemann@mcgrathnorth.com. WE TAKE THE STRESS OUT OF YOUR JOB SEARCH ^ Pre-Screening Interview ^ Reference Checks ^ Facilitate Interview(s) with Potential Employers ^ Ensure Long-Term + Culture Fit ^ Guaranteed Confidentiality LEARN MORE TODAY AT WWW.LUTZ.US/TALENT 18 Nebraska CPA
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