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The Honolulu Advertiser
Posted on: Tuesday, December 25, 2007

Hawaii rejected $2.2M in high-tech tax credits

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By Sean Hao
Advertiser Staff Writer

AT A GLANCE

Overall, nearly $254 million in technology investment and research tax credits were claimed from 2001-05. Research tax credits are typically claimed by technology companies, while investment tax credits are claimed by individual investors.

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State tax officials rejected $22.2 million in technology tax credits claimed between 2001 and 2005 — a figure that could grow as more audits are completed.

About 38 percent of the audited tax credit claims were disallowed.

The Department of Taxation launched a crackdown of alleged technology tax credit abuses in 2003. So far 21 out of about 50 audits of technology tax credit claims have been completed resulting in $22.2 million in disallowed credits, according to the department.

"I think there's a disconnect between what people think is research and what actually qualifies for the credit," said tax director Kurt Kawafuchi. "A company may truly believe it's doing research, but that doesn't mean everything it's doing qualifies for the credit."

Hawai'i's technology tax credit program, which boasts some of the most generous tax breaks in the country, aims to diversify the state's tourism-dependent economy.

Created in 2001, the credits provide a 100 percent tax break for technology investments and a refundable 20 percent tax break for qualifying research and development expenses.

More than 95 percent of the audits focused on the refundable tax credits for technology research, as opposed to a more widely used tax credit for technology investment.

A refundable credit means that a taxpayer can get a credit in the form of a refund even if the taxpayer owes no taxes.

The tax department is targeting audits on the research credit because refundable credits are more likely to be abused, Kawafuchi said.

Overall, nearly $254 million in technology investment and research tax credits were claimed during the audit period. Research tax credits are typically claimed by technology companies, while investment tax credits are claimed by individual investors.

The Act 215 tax credit program, which sunsets at the end of 2010, helped generate $822 million in investments and 5,383 jobs — mostly temporary performing arts positions — in Hawai'i from 2002 to 2006, according to separate tax department figures. During its first five years the program cost the state $195 million in foregone taxes — a figure estimated to grow to between $600 million and $1 billion during the life of the program.

Independent evaluation of the economic impact of the credits has been difficult because the tax department does not reveal the identities of the companies benefiting from the program.

According to the tax department, the $22.2 million in credits were disallowed for various reasons including:

  • A company's activities did not qualify for the credit.

  • A company's costs did not qualify for the credit.

  • Companies could not prove costs claimed were part of a qualifying research activity.

    CHALLENGES FILED

    In some cases companies that were denied the credits are challenging the tax department's decision with the state Tax Appeal Court, which then makes the company's identity public. These companies include Spirent Holdings Corp., the Ohana Foundation for Technical Development, Navatek Ltd. and Equinix Pacific.

    Foster City, Calif.-based Internet data center company Equinix, which was formerly known as Pihana, is seeking $1.2 million in denied credits covering the 2000 and 2001 tax years, according to court records. Honolulu naval architect Navatek is appealing $3.6 million in denied credits covering the 2003 and 2004 tax years.

    David Watumull, a board member of the Hawaii Science & Technology Council trade group, said he wasn't aware of any wide-scale problems with the research tax credit program.

    "This is the fist time that I've heard that ($22.2 million) number," said Watumull, chief executive officer of 'Aiea-based Cardax Pharmaceuticals. "It's hard for me to know how big of an issue it is for the industry and what the issues are."

    Some critics of tax credits geared to special interests such as technology contend the state could better spur economic development by cutting taxes overall, lowering the cost of doing business in Hawai'i and improving the state education system.

    "If we're going to grow high technology, we're going to have an education system that's on par with Silicon Valley," said Lowell Kalapa, president of the nonprofit Tax Foundation of Hawai'i. "We just don't have that.

    "If we don't have what it takes to develop high technology then is that credit doing any good, or is it attracting (jobs) solely because it's so generous," Kalapa added. "If that's the case what happens to these jobs when the credits go away?"

    Reach Sean Hao at shao@honoluluadvertiser.com.

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