On Aug. 11, 2022, New York Gov. Kathy Hochul signed the “Green CHIPS” legislation, expanding the benefits available under the existing Excelsior Jobs Program by up to $10 billion.1 The enacted legislation will allow semiconductor manufacturers to apply for enhanced incentives, including state tax credits of up to 7.5% of salaries and wages, 5% of project capital expenditures, and 8% of research and development costs. These credits are awarded annually for up to two 10-year terms with credits available until Jan. 1, 2050.
Eligibility requirements
The Green CHIPS project must be within the semiconductor manufacturing and related equipment and material supplier sector.2 To qualify for the enhanced incentives available under the Green CHIPS legislation, semiconductor manufacturing projects must meet five statutory requirements.
Minimum job creation and capital investment
In order to be eligible, a project must result in the creation at least 500 new jobs with a minimum of $3 billion in qualified investment over a 10-year term (referred to as a phase one project).3 Projects in good standing may enter a second 10-year term (referred to as a phase two project) if the project creates an additional 500 new jobs and spends an additional $3 billion in qualified investment above and beyond the first phase.4
Sustainability measures
Applicants must submit an approved clean energy plan that mitigates the project’s greenhouse gas emissions and other environmental impacts.5
Workforce and community development
Recipients of the program benefits must commit to significant investments in workforce and community development, including training and education benefits and programs to expand employment opportunity for economically disadvantaged individuals.6
Wage requirement
During the project’s construction, not less than the federal prevailing wage must be paid to construction workers.7
15:1 private – public investment (“benefit-cost”) ratio
Green CHIPS projects must result in at least $15 of private investment for every $1 of state investment.8 Private investment includes the value of all remuneration for all new jobs and the value of capital investments made during the program period.9
Available credits
The existing Excelsior Jobs Program allows applicants to access five fully refundable tax credits over a period of 10 years.10 Applicants must operate predominantly in strategic industries and create a minimum number of net new jobs, which varies by strategic industry. Similar to childcare services, a Green CHIPS project is allowed increased incentives under the Excelsior Jobs Program. Along with these incentives, Green CHIPS projects will also qualify for payment in-lieu-of tax (PILOT) benefits and discounted utility service. The following table outlines these incentives and how they differ from standard (non-green) Excelsior Projects.
Commentary
The Green CHIPS legislation was signed into law shortly after the enactment of the federal government’s CHIPS and Science Act which included further funding to encourage the development of semiconductor manufacturing in the United States.16 According to the New York Governor’s Office, this legislation “will help the State to conform to the requirements of the federal program, enhancing its competitiveness against other states looking to attract chip manufacturers, all while ensuring this expansion of advanced manufacturing is environmentally sustainable.”17
Safety measures taken by the largest producers of semiconductors (primarily in East Asia) during the pandemic have resulted in an ongoing global shortage of computer chips, exacerbating inflationary pressures, and creating further shortages on goods where the chips are used, including consumer electronics, automobiles, and military equipment. The outbreak of the Russia-Ukraine war has also highlighted the geopolitical risk associated with sourcing strategic inputs from potential areas of conflict. Given that Taiwan and China represent a potential geopolitical flashpoint and are also two of the largest producers of this key component of both civilian and defense hardware, the United States has sought to “reshore” a portion of semiconductor manufacturing to better position itself in case these supply chains are interrupted.
In addition to both substantial federal and state subsidies available to semiconductor manufacturers, New York State also features several potentially attractive sites such as the 1,250-acre White Pine Commerce Park in Onondaga County. Other sites are available at locations that already feature either chip manufacturing or related technology companies, including the Luther Forest Technology Campus in Saratoga County, Marcy Nanocenter in Oneida County, and the Western New York Science & Technology Advanced Manufacturing Park (STAMP) in Genesee County.18 Businesses eligible for the Green CHIPS Excelsior Credit Program should consider applying soon while additional federal funding can be leveraged and attractive sites remain available.
1 Ch. 494 (S. 9467/A. 10507), Laws 2022.
2 N.Y. Econ. Dev. Law § 352.24(a). New York State’s Green CHIPS Program, Empire State Development, Aug. 2022.
3 N.Y. Econ. Dev. Law § 352.24(e).
4 N.Y. Econ. Dev. Law §§ 352.24(e); 353.7.
5 N.Y. Econ. Dev. Law § 352.24(b). This requirement is consistent with the state’s sustainability goals included in the New York State Climate Leadership and Community Protection Act. Ch. 106 (S. 6599), Laws 2019.
6 N.Y. Econ. Dev. Law § 352.24(d).
7 N.Y. Econ. Dev. Law § 352.24(c).
8 N.Y. Econ. Dev. Law § 352.24(f).
9 For this benefit-cost ratio, the numerator is the sum of the following during the period of participation in the program: (i) the value of all remuneration projected to be paid for all net new jobs; (ii) the value of capital investments to be made by the business enterprise; and (iii) all research and development expenditures by the participant in the state. The denominator is the amount of total tax benefits under these provisions that will be used and refunded as well as any state grants provided to the participant. N.Y. Econ. Dev. Law § 352.3-a.
10 N.Y. Econ. Dev. Law § 355; New York State’s Green CHIPS Program, Empire State Development, Aug. 2022.
11 N.Y. Econ. Dev. Law § 355.1.
12 N.Y. Econ. Dev. Law § 355.2.
13 N.Y. Econ. Dev. Law § 355.3.
14 N.Y. Econ. Dev. Law § 355.4. This credit is explained on the Empire State Development website (see New York State’s Green CHIPS Program, Empire State Development, Aug. 2022), but it is not amended by the legislation. Presumably, this is how the state intends to apply this credit to Green CHIPs projects.
15 N.Y. Econ. Dev. Law § 355.7.
16 P.L. 117-167, enacted Aug. 9, 2022.
17 Governor Hochul Signs Transformative Green CHIPS Legislation to Create Jobs and Lower Emissions by Boosting Semiconductor Manufacturing in New York, Office of New York Governor, Aug. 11, 2022.
18 Mark Weiner, “NY lawmakers OK $10B in tax breaks to lure computer chip makers to Clay, other sites.” Syracuse.com, June 6, 2022.
This content supports Grant Thornton LLP’s marketing of professional services and is not written tax advice directed at the particular facts and circumstances of any person. If you are interested in the topics presented herein, we encourage you to contact us or an independent tax professional to discuss their potential application to your particular situation. Nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this content may be considered to contain written tax advice, any written advice contained in, forwarded with or attached to this content is not intended by Grant Thornton LLP to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code.
The information contained herein is general in nature and is based on authorities that are subject to change. It is not, and should not be construed as, accounting, legal or tax advice provided by Grant Thornton LLP to the reader. This material may not be applicable to, or suitable for, the reader’s specific circumstances or needs and may require consideration of tax and nontax factors not described herein. Contact Grant Thornton LLP or other tax professionals prior to taking any action based upon this information. Changes in tax laws or other factors could affect, on a prospective or retroactive basis, the information contained herein; Grant Thornton LLP assumes no obligation to inform the reader of any such changes. All references to “Section,” “Sec.,” or “§” refer to the Internal Revenue Code of 1986, as amended.
More SALT alerts
No Results Found. Please search again using different keywords and/or filters.