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Home > Articles By Issue > Locations > Article May 2005

Kentucky Brings in New Tax Legislation

Gov. Fletcher signs new tax modernization legislation which includes changes to help create a more pro-business environment.

By Michelle Janowitz

Governor Fletcher at the tax modernization bill signing; Photo by Kentucky Cabinet for Economic Development

Governor Ernie Fletcher made history in Kentucky when he signed House Bill (HB) 272, legislation to reform Kentucky's archaic and biased tax system. The legislation, passed by the Kentucky Senate and House on March 8, will set into motion the first comprehensive reconstruction in decades to a revenue system primarily based on a 19th century economy. HB 272 includes most of the components pinpointed in the governor's original tax modernization proposal--"JOBS for Kentucky."

"This reform accomplishes several objectives," says Gov. Fletcher. "It reduces the tax burden on the poor, provides tuition tax credits for families of Kentucky students at in-state public and private post-secondary institutions, improves the tax climate for economic development, repeals a corporate license tax that was established in 1906, and offers significant environmental incentives. This is truly a historic occasion. No significant progress was possible under our old, antiquated tax system--a system that punished the poor, stifled job growth, and did little to encourage economic development and investment or to attract the entrepreneurs who create jobs."

As part of the legislation, the state's income tax model will undergo some structural changes. The top income tax rate on corporations, currently 8.25%, will be cut to 7% this year and then down to 6% by 2007. Also, the top income tax rate will be reduced to 5.8% from 6% on income from $8,000 to $75,000, which was only about a third of the reduction sought by Gov. Fletcher. However, the reform will result in 216,000 low-income tax filers, representing 496,000 total Kentuckians, being removed from the income tax rolls.

"Although I believe further individual income tax cuts are needed to have a more stimulating impact on the economic climate in Kentucky, this legislation is an excellent step forward," says Gov. Fletcher.

The legislation also closes some business tax loopholes, including the exemption for corporations that do business--but have no "physical presence"--in Kentucky. Legislators concurred with the governor that the exemption has been unfair to Kentucky companies. Now all businesses will be treated the same, regardless of the form of organization.

Other tax credits created through this legislation will be for historic preservation, biodiesel (which will reduce air pollution), and brownfield development (which will help Kentucky's cities by slowing the loss of green space to development and eliminating the potential health risks associated with blight).

The constitutionally flawed corporate license tax and the "intangible property" tax on accounts receivable and bonds will be repealed as well. Experts say these two taxes are the biggest impediment to economic development in Kentucky.

Tax reform expert Dr. William Fox of the University of Tennessee says the tax modernization legislation is significant, particularly for economic development. "Few things are talked about more and accomplished less than tax reform," says Fox. "I applaud the governor and the general assembly for bringing together a comprehensive tax plan. It's good for business and it's good for Kentucky."

Incentives for Growth

In line with making Kentucky's business environment as hospitable as possible, the Kentucky Economic Development Finance Authority (KEDFA) preliminarily approved logistics and package delivery company UPS for tax credits up to $20 million under the Kentucky Jobs Development Act (KJDA). KJDA is an incentive program aimed at increasing the number of Kentucky service and technology-related jobs. These tax credits were approved for UPS's expansion announced in February, which will come in the form of an airfreight-servicing hub in Louisville, KY. The project is expected to create 400 new full-time and up to 600 new part-time jobs over the next 10 years, with an estimated annual payroll of $12 million.

"UPS is grateful that the state extended this offer," says John Hindman, UPS Airlines Vice President of Public Affairs. "UPS wants to continue to build on the highly successful partnership UPS and Kentucky have long enjoyed."

Based on current plans, UPS will construct a 785,257-square-foot airfreight-servicing hub at its current site, which will be responsible for the loading, unloading, sorting, distribution, buildup, and breakdown of airfreight volume. The $82.5 million expansion will allow UPS to offer international and North American overnight, expedited, second day, and deferred airfreight services through this facility.

"We greatly appreciate UPS reaffirming its remarkable commitment to Kentucky and Louisville by again expanding operations here," says Louisville Mayor Jerry Abramson. "Our community's investment in the airport expansion project continues to pay off in terms of economic dividends and opportunities for business. UPS has become a tremendous part of the economic engine created through our airport project."

Benson International is another company expanding to Kentucky that is preliminarily approved for tax credits under another incentive program--the Kentucky Industrial Development Act (KIDA). This program is aimed at increasing manufacturing employment.

Benson International, a manufacturer of steel and aluminum truck trailers and bodies, announced in March that it will locate a new $10 million, 180,000-square-foot facility on 14 acres in Cadiz, KY in the Trigg County Industrial Park. This facility will house two complete production lines, and is expected to create 250 new full-time jobs.

"While Benson International has always been a significant part of our family of companies in the past, we are developing and executing a plan to make it a more significant part of our future," says James H. "Buck" Harless, Chairman of the Board, International Industries, Inc. "This new state-of-the-art facility will position Benson to meet and exceed those expectations. On behalf of our ÔEmployee Owners,' I want to express our appreciation to Gov. Fletcher, his staff, and the great folks of Trigg County for their untiring efforts to make our plan a reality. We look forward to being a greater part of the Kentucky business community."

Kentucky Fast Facts

  • Population (2003): 4,117,827
  • Largest Cities (2003): Lexington, 266,798; Louisville, 248,762; Owensboro, 54,312; Bowling Green, 50,663; Covington, 42,687
  • Targeted Industries: Automotive parts
    suppliers, rubber and plastics products, industries delivering high-value-added
    products and services that are time-sensitive, information technology, and logistics
  • Key Incentives: Kentucky Industrial
    Development Act (KIDA); Kentucky Rural Economic Development Act, Kentucky Jobs Development Act (KJDA), Bluegrass State Skills Corporation, Kentucky Economic Development Finance Authority loans
SIDEBAR:

Broadband Equals Business

Kentucky understands that broadband technology is synonymous with quality jobs for the state, which is why late last year Gov. Ernie Fletcher revealed his "Prescription for Innovation: Delivering Broadband Technology for a 21st Century Kentucky." This plan will provide broadband (high-speed Internet) access to all Kentuckians by 2007, and hopefully bring new momentum to the high-tech sector in Kentucky.

Currently, Kentucky ranks 44th in the proportion of high-tech businesses, 45th in residential computer use, and 43rd in residential Internet use in comparison to neighboring states. Based on recently published studies by the New Millennium Research Council, it is estimated that a full-scale broadband deployment could facilitate the creation of around 14,000 jobs, as well as add more than $5 billion to the Gross State Product (GSP) in Kentucky.

The comprehensive broadband deployment and adoption plan will leverage state, federal, and private investment. The improvements will start with broadband Internet access and computer use and will eventually grow to encompass the number of high-tech companies and jobs created.

The plan will also produce the most sophisticated telecommunications inventory map in the nation, using advanced satellite mapping technology and grassroots data collection. The maps will not only illustrate service gaps, but will serve as an economic development resource for communities to illustrate existing infrastructure for locating companies.

Additionally, the initiative will mobilize local leadership teams in each community and produce community-specific implementation plans to empower local leaders and increase citizen demand for expanding broadband technology.

"There is an increasingly large gap between those who have technology and those who do not," says Gov. Fletcher. "Kentucky remains on the wrong side of this digital divide. While Internet access on its own is not a silver bullet solution for prosperity, adequate access to the global marketplace through broadband infrastructure enables knowledge-based economic development and has the ability to enhance the lives of our citizens and businesses. The future of our economy depends on our success and we owe it to our children to deliver."

ConnectKentucky, a technology-based economic development alliance uniting the public and private sector, will lead this grassroots initiative, bringing together community leaders and citizens to identify applications and support the build-out of infrastructure necessary to provide better government services, improved educational opportunities, healthcare access, and an expanded marketplace for local businesses.

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