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Proposed Community Revitalization Grants for Ohio Projects

Client Alert

Community Revitalization Credits May Be on the Horizon for Ohio Revitalization Projects

Ohio Senate Bill 344 is designed to offer non-refundable tax credits for individuals, corporations, or non-profits that are willing and able to invest in and build community projects in economically disadvantaged communities.  This Bill aims to incentivize the revitalization of Ohio’s communities while bolstering business in underdeveloped sectors.

Entities seeking a tax credit must apply to the director of development within specified timeframes of two review periods each fiscal year. The first begins on July 1 ending after September 13, and the second begins on January 1 and ends after March 31. If approved, the project must be completed within two years.

A project's credit allocation must be equal to or less than $5 million or 15-percent of estimated costs reported or 20-percent of costs, if the project is in an economically disadvantaged community. A credit allocation for each phase of a larger community revitalization project may be awarded a $5 million limitation applying to each phase of the project. The limit for credit allocations in a fiscal year cannot exceed $100 million, and no tax credit certificate will be issued for a project that is not completed within two years of the applicant being notified the project is eligible for tax credit.

If a certificate is issued to a pass-through entity for an investment by the entity, any taxpayer that is a direct or indirect investor in the pass-through may claim the taxpayer's proportionate or distributive share of the credit against the taxpayer's aggregate amount of tax levied. A person that is not a taxpayer cannot claim the credit, but if the person is the applicant to which the certificate is issued, the person may transfer the right to claim the credit.

A person that holds a tax credit certificate, on or before the last day of the person's taxable year or, if the person is not a taxpayer, on or before the last day of the calendar year in which the certificate is issued, may transfer the right to claim all or part of the credit to any other person. 

The Bill, sponsored by Ohio Senator Kirk Schuring, District 29, is currently in Senate Committee.

For more information about this opportunity, please contact Jason Butterworth at jabutterworth@bmdllc.com.


International Sales Contracts - COVID-19 Pandemic and Force Majeure

Identity Protection PIN Available to ALL Taxpayers in January

Beginning in January 2021, the IRS will allow all taxpayers who can properly verify his/her identity to obtain an Identity Protection PIN. An Identity Protection PIN (“IP PIN”) is a six digit number assigned to a specific taxpayer to assist in preventing the misuse of a taxpayer’s social security number on fraudulent federal tax returns. Previously, only confirmed victims of identity theft who resolved his/her tax issues with the IRS were eligible for an IP PIN.

Updates for Employers Regarding Medical Marijuana

In 2020, the momentum for marijuana legalization and decriminalization continued. In the November elections, five more states legalized either medical marijuana, recreational marijuana, or both. Although marijuana remains illegal in any form under federal law, just last week, the U.S. House of Representatives voted to decriminalize marijuana usage at the federal level. It's unlikely that the Senate will approve of that, but it is another milestone in what has been a rapidly shifting landscape over the last decade. Given the patchwork of state laws regarding medical and recreational marijuana, widely varied approaches for workplace protections, and the total federal ban, it can be difficult for employers to know how to deal with this issue.

Vaccination Considerations for Employers

Today, three Covid-19 vaccines have tested as highly effective (90%+ efficacy) and are advancing in the process for emergency use. This is especially welcome news in Ohio, which has skyrocketing cases and our strategic response has been to turn the entire state into the small town of Bomont with strict curfews and bans on social gatherings.

Did You Receive More than $750,000 in Provider Relief Funds?

The Provider Relief Funds (“PRF”) - authorized under the CARES Act - has been a vital tool for health care providers during the COVID-19 public health emergency. These funds have allowed providers to stay open and continue to offer care during these pressing times. While helpful, these funds do come with several important obligations. First, fund recipients are required to comply with certain record-keeping requirements as well as comply with certain balance billing prohibitions. See our Client Alert. Second, fund recipients are required to report their intent, use of funds, and other data elements, which helps promote transparency to the federal government. Please see our Client Alert on provider relief fund reporting requirements. Third, and perhaps a new concept for many providers, fund recipients of more than $750,000 must undergo a “single audit” to ensure program compliance and appropriate use of funds.