The R&D Tax Credit Aspects of NYC Start-Ups



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        Over the last decade, New York City (NYC) has become a prime location for start-up businesses. With an extremely robust economy, an equally large and diverse talent pool, a quickly emerging technology sector (second in the world only to Silicon Valley), and more access to capital markets than anywhere else, New York City is the ideal venue for entrepreneurs seeking to start a new business in any industry. 
 
        Smallbiztrends.com rated NYC as the second best city in the U.S. to launch a start-up in 2016.   Many entrepreneurs who launch start-ups in the Big Apple experience considerable success.  Kickstarter, Etsy, & Tumblr are just some examples of successful and well-known businesses that originated in New York City. 

        Smaller businesses in NYC also experience great success. Although estimates vary, it is clear that at least 15,000 start-ups exist in the city at any given time.  CultureIQ, based in Herald Square, is a start-up that helps other businesses measure, track, understand, and strengthen their corporate culture.  Their proprietary culture management software program provides a platform for consultants, analysts, and managers to gather and interpret a wealth of corporate culture data. This data can be impacted by numerous interchanging, internal variables, such as managerial changes, dynamic workloads, salary increases, and new company policies.
  
   
        Servy, founded in 2014, developed a mobile application for the restaurant and hospitality industry.  Consumers and guests use the app to provide feedback to a restaurant or hotel. When a customer provides a review, the user receives some type of reward. The data from the evaluations are provided in a real-time, cloud-based interface in order to highlight particular areas that are suggested for improvement.
 
        Many other NYC-based start-ups center around the food industry.  Hungryroot Inc. in the Flatiron District delivers locally-sourced, non-GMO, gluten-free, and under 500 calorie meals that can be ready-to-eat in less than 7 minutes.  The company also developed a proprietary NATUREFRESH package designed to maintain farm-fresh crunch and flavor for at least 8 days without preservatives. 
 
        These are only a few examples of innovative start-ups in the NYC area. When start-ups develop such technologies or innovations like those mentioned, they may be eligible for research and development tax credits that now have favorable provisions for start-ups. 
 

The Research & Development Tax Credit

        Enacted in 1981, the federal Research and Development (R&D) Tax Credit allows a credit of up to 13% of eligible spending for new and improved products and processes. Qualified research must meet the following four criteria:
  
  • New or improved products, processes, or software
  • Technological in nature
  • Elimination of Uncertainty
  • Process of Experimentation
 
        Eligible costs include employee wages, cost of supplies, cost of testing, contract research expenses, and costs associated with developing a patent.  On December 18, 2015, President Obama signed the bill making the R&D Tax Credit permanent. Beginning in 2016, the R&D credit can be used to offset Alternative Minimum tax and startup businesses can utilize the credit against payroll taxes.
 

Start-Up R&D Tax Credit

        The new federal tax law is extremely beneficial for start-ups.  For the first time ever, a qualifying start-up can use the credit against $250,000 per year in payroll taxes beginning January 1, 2016.  Essentially, with the new start-up provision, companies can claim the credit even if they do not pay income tax and regardless of their profitability.

Tax Credit Example
        A company owes $300,000 in payroll taxes and they qualify for $100,000 in R&D Tax Credits. The R&D credit can now be applied to payroll taxes. Therefore, the amount of the payroll tax that has to be paid is reduced to $200,000. The most amount of money that can be deducted annually from the payroll R&D Tax Credit is $250,000. Therefore, if the company qualifies for $300,000 in R&D credits, the company would now only owe $50,000 in payroll taxes.

NYC Economy

        It is no secret that the NYC economy is an excellent place for entrepreneurs to start a business.  It is home to the largest municipal and regional economy in the United States.  Anchored by Wall Street, the New York Stock Exchange, and Nasdaq, Gross Metropolitan Product (GMP) in the area topped $1.5 trillion in 2015.  This number greatly surpasses that of the second ranking city in the nation, Los Angeles, which generated comparatively less, with $888 billion in Gross Metropolitan product in 2015.  
 
        The city’s population is also exponentially expanding.  This is encouraging for economic growth since population growth and GMP tend to work in tandem.  The five boroughs added 55,211 people from July, 2014 to July, 2015. This is an increase of 0.6%, thus bringing the city’s overall population to over 8,550,405 people, according to an estimate released in March, 2016 by the U.S. Census Bureau.

        In addition to its size, the NYC economy is extremely diverse.  A large number of food services, entertainers, realtors, construction workers, healthcare workers, financial professionals, technologists, and others industries flourish in the NYC area. Even Wall Street accounts for no more than 5% of the total jobs citywide. This diversity is one of the greatest strengths of NYC’s economy.

 

Food/Hospitality

        Restaurant and food services are a driving force in New York City’s economy, with industry sales generating billions in tax revenue every year. Currently, there are over 24,000 restaurant owners city-wide, many of which are start-ups with less than 50 employees. In 2014, food services and drinking venues employed 273,900 people.   That constitutes a 38.7% increase since 2009, a period in which the industry employed 197,500 people.   This massive and continuously growing economic sector is served by the world’s largest food distribution center, a growing network of food incubators, training centers, funding platforms, and a technological region that is now second in the world to Silicon Valley.

        Start-ups in particular have a strong presence in the NYC food industry and consequently, entrepreneurs in the food business recognize the opportunity that the NYC market provides.  As stated previously, New York City, home to over 8.5 million people, is the most densely populated city in the U.S.   and was nearing 2020 population projections in 2014.  According to U.S. Census Bureau statistics, Brooklyn, Queens, and the Bronx were among the top 50 counties that gained the most people nationwide during that same year (2014).  This rapid population growth is particularly encouraging for the food and hospitality industries for the most fundamental reason—everyone needs to eat. The logic behind this fact is simple; as population grows, the demand for food will also increase proportionately.
 
        Investors both around the country and in NYC realize this direct relationship and have been acting on this opportunity to excel.  According to a Bureau of Labor statistics report, food tech start-ups nationwide received unprecedented investments in 2014.  These innovators provide a number of goods and services to final consumers, restaurants, supply chain managers, and everyone in between. In the last decade, there has been a rise in the development of mobile applications and software programs, some of which are intended to help business owners control inventory and place orders for fresh food or gluten-free products that mimic gluten-packed market counterparts in taste and quality. Consumers use apps, such as Grubhub, to place orders for take-out and delivery, evaluate alternatives, and rate dining experiences. Meanwhile, food manufacturers, like Raaka Chocolate in Red Hook, Brooklyn, can create and advertise unique food products, such as unroasted or “virgin” chocolate.

        At the same time, restaurants and other food businesses utilize software programs such as Revel to control inventory and manage expenses.  In the food industry, margins are considerably tight. Most restaurants generate profits equal to 1 to 4% of total revenue. Approximately 33% of expenses are spent on inventory.  Another 33% is spent on labor.  About 4 to 10% of food going into a restaurant never makes it to the table due to a mixture of spoilage, theft, and mis-fires (where the kitchen or wait-staff make a mistake and the food gets rejected).  An additional 15 to 20% of the food is left on the plate and not eaten by customers. All this wasted food corresponds to significant dollars that can dramatically impact a restaurant’s profitability.  The difference between a successful and non-successful restaurant often depends on a manager’s ability to control inventory, labor, and spoilage costs. The best way to accomplish this is by using restaurant analytical software that generates intelligent insights.

        Avero Co. in Gramercy Park developed a number of software solutions that help restaurant owners record and organize precise information and make intelligent decisions aimed to maximize efficiency.  Their solutions also help reduce theft/fraud and minimize spoilage. Avero’s proprietary restaurant analytics software package can be uniquely tailored to each small, medium, or large business employing it. 


Construction/Transportation

        Over the next decade, the transportation industry in NYC is expected to face several challenges.  Aging infrastructure, a growing population, and increasing congestion are expected to cause issues that will demand more creative solutions. Much of the city’s roads, bridges, subways, water mains, sewer systems, schools, and other public buildings are over 50 years old.  Their critical components are well past their useful life expectancy, and thus are highly susceptible to breaks and malfunctions. Over 1,000 miles of New York City water mains are over 100 years old, leading to frequent and disruptive breaks. More than 160 bridges across the five boroughs were built over a century ago. In fact, in 2012, 47 bridges were deemed both structurally deficient and fracture critical, a designation engineers use for bridges that have little structural redundancy. This makes them more prone to failure and collapse.

        Traffic congestion is another issue the city faces.  NYC commuters spent an average of 73 hours behind the wheel in 2014. This is a 20% increase from 2013, which was previously considered to be the most in recorded history. What was previously a 45 minute drive from Manhattan to JFK Airport on any given day is now closer to an hour.     

        The Partnership for New York City released a report in 2014 that documents the economic impact of traffic congestion on the city and overall region. The report explains how the increasing problem of traffic congestion costs the regional economy more than $13 billion a year, resulting in the loss of as many as 52,000 jobs annually. Despite these losses, New York City is forecasted to add 1 million more residents and 750,000 new jobs over the next 25 years. Vehicular congestion will continue to grow as Manhattan-bound traffic moving through the region increases by more than 20% over the next two decades.

        Technology may provide a partial answer to both the growing infrastructure and the traffic congestion tribulations. Low cost sensors can be integrated into roads, bridges, tunnels, and buildings to provide real-time, cost effective monitoring of conditions.  Engineers can use the data gathered from the sensors to make intelligent decisions concerning repair priorities.  Currently, engineers conduct costly manual and visual inspections that often reveal less than optimal information about infrastructure conditions. On many occasions, repairs are scheduled on intervals, based on assumptions about conditions.  Unfortunately with such an approach, resources are not allocated efficiently because infrastructure conditions often will deviate from those assumptions.   

        Similar sensors also have the power to reduce inventory costs.  Construction materials constitute a large portion of total costs in construction projects, oftentimes 50 to 60% of total project costs. The management of these materials, especially at the inventory level, is extremely important.  

        Managers can use the Internet of Things (IoT) to manage inventory and reduce downtime that is often caused by a lack of supplies and long lead-times.  With the modern trend towards just-in-time (JIT) inventory, this capability is becoming increasingly useful. IoT technology can alert managers when resources are getting low and when reinforcements are needed.

        Transportation companies can make use of technology to reduce costs as well.  Logistic ecosystems consist of many players and dynamic parts. Materials and inventory are transferred between manufacturers, suppliers, distribution centers, retailers, and consumers. Such increasingly complex supply chains demand an agile and informed supply network to keep inventory lean, fresh, and versatile. 

        One type of beneficial technology is radio-frequency identification (RFID) chips and tags. By putting an RFID chip in a pallet or container, managers can tap into a cloud network and identify the precise location of ingoing and outgoing materials, products, and equipment. By allowing devices to communicate with each other, the IoT will help supply chain managers save fuel costs, manage warehouse stock, ensure temperature and environmental stability, and identify any supply chain inefficiencies.  

        One NYC-based start-up known as “Where’s My Concrete” provides intuitive, cloud-based dispatching software to the concrete industry. The technology implements real-time dispatch data so that customers can locate delivery trucks as they approach a jobsite.  Built-in analytical tools permit users to evaluate driver performance and generate trucking efficiency metrics. 

        Other innovative technologies support human-to-human communication. FieldLens, located in the Flatiron District, developed a mobile communication tool that allows members of a project to evaluate performance, generate reports, and analyze construction site conditions in real-time from a mobile device. With this technology, every conversation, task, and change related to the project is conveniently organized and stored in one easy-to-access location. 

        In regards to traffic congestion, technology can maximize the utility of existing infrastructure.  Intelligent transportation systems are used to describe a range of different technologies that interact with each other to provide innovative services.  This includes smart cars, smart highways, active traffic management technology (ATM), autonomous intersection management technology, and big data to make more intelligent traffic management decisions.

        New York City plans to retrofit thousands of government vehicles with smart technology in an attempt to reduce traffic accidents, automobile pollution, and overall congestion. The federally funded initiative involves integrating trucks, buses, and taxis with intelligent devices the size of a Smartphone to alert drivers about potential upcoming collisions, traffic jams, and other hazards, such as crossing pedestrians or large potholes.

        Technology is also changing transportation factors in the city in other ways. In the last several years, the ubiquity of mobile phones and the rise of new platforms for getting and giving rides increased the complexity of NYC’s transportation system. For-hire vehicles (FHVs)—yellow and green taxis, livery cars, traditional black car services, and the fast-growing app-based car services such as Uber and Lyft—are an important part of the City’s transportation mix. The way these services are offered today, however, is dramatically changing and impacting the overall transportation sector.

        Founded in November 2011, Hailo is a Smartphone app developer that puts passengers in touch with licensed taxi drivers. It also helps drivers get more passengers when they want them. Already, the start-up has a network of 50,000 drivers and more than 1 million passengers and is intended to continue growing.
       


Financial Technology

        The financial sector is considered by many to be the traditional backbone of the NYC economy. Although this sector only accounts for approximately 5% of all city jobs, that percentage is still considerable.  Moreover, the average salary of each worker is extremely high. The sector employs approximately 165,000 people annually who report an average annual W-2 wage of $404,800.  This number is significantly larger than the next highest earning per capita industry, which is the professional and technical services industry, where an average annual W-2 wage is $122,000.   

        Trading in stocks and bonds, commodity contracts, and other financial investments comprise a large portion of the financial services industry.  Although the industry experienced widespread success over the past 8 years, the job count remained relatively stagnant. In 2009, the industry employed 165,000 workers.  In 2014, the industry employed 165,300, an increase of only 0.2% over the course of five years.

        This lack of employment growth exists despite considerable success on Wall Street. During that time period, the industry became increasingly automated and technology oriented. To a large degree, this reduced the need for human workers.

        The financial industry suffered a near-collapse following the 2007 Great Recession.  As a result, the industry was faced with several key challenges. While the government demanded increased capital requirements and greater consumer protection, the market demanded modern technologies to be able to meet the standards of an increasingly digital and online economy.  What made these challenges even more of a burden was the fact that they had to be solved at the lowest cost possible.

        Searching for a solution, the industry turned to emerging technology companies to provide products and services necessary to meet the demands of the post-recession economy.  One particular industry segment, commonly referred to as FinTech, answered the call.

        Financial Technology (FinTech) is a line of business based on software that provides financial services. Financial technology companies are generally start-ups founded with the purpose of disrupting incumbent financial systems and corporations that rely less on software.

        There are a number of FinTech start-ups in NYC.  One, EQUITYZEN Inc. in Union Square, is a start-up that encourages other start-ups by providing a mechanism by which start-up employees are paid equity compensation.  Their proprietary product, the “Liquidity Manager,” is seamless and simple technology that permits users to keep track of company communications, organize legal templates and documentation, and most importantly, connect with investors.  Now, accredited investors can gain access to pre-IPO companies and proven start-ups, something that was traditionally very difficult to accomplish.

        Gust is a similar FinTech company that connects start-ups with the largest collection of worldwide investors. On the website, 11,000 New York start-ups that are seeking investors are listed. Entrepreneurs have the difficult task of tracking down investors who are not only interested but right for the business. These entrepreneurs must provide investors with the necessary information to make informed investment decisions. Gust simplifies this process by bringing entrepreneurs and investors together in a common interface. Now, connection and collaboration is easier than ever before.

        Orchard Platform in Gramercy Park provides access debt financing. The start-up offers originators an integrated platform that empowers them to be more efficient and intelligent. The company currently has about 40 employees, 15 having engineering and/or computer science backgrounds.  Companies such as these, with engineers that develop software solutions, are excellent candidates for generating R&D tax credits. 


Professional, Technical, and Business Services

        One of the most popular small business start-ups in New York City focuses on professional, technical, and business services. These start-ups, and their larger, more established counterparts, comprise of the largest industry in NYC. Businesses in this industry provide a number of accounting, consulting, analytical, marketing, and technical services to other entities or businesses. 

        Because many businesses rely on the services that this industry provides, it is closely tied to the health of New York City’s corporate sector. The average annual wage in the industry is almost 44% above the New York City average for 2014. This is projected to grow 28% through 2022. Between 2009 and 2014, the industry grew rapidly, gaining more than 28,000 jobs. As the City’s economy continues to expand, this category is expected to grow 21% by 2022. 

        The most disrupting force in the professional services industry is the increasing use of automation software. The use of software enabled services is a critical component to any successful business in this industry. Not only does it lower operating costs, improve accuracy, and boost worker productivity, but it is also the most practical way to bridge the skills gap and shortage of qualified workers in many businesses.

        Software development costs are usually eligible for R&D tax credits.  If the activity is eligible, the start-up developing the product will be entitled to the tax credit.  Additionally, integration of software is also eligible for R&D tax credits when the process rises to a certain level of technological sophistication. Here, the start-up or software developer will be entitled to credit if it is involved in installing the software. Most projects for large customers are technologically sophisticated enough to qualify for the credit.  For software to flourish within the complex environment that these businesses operate in, the software must be integrated into the existing system.  This integration work is complex and technical, and constitutes a large percentage of professional services work in many professional services businesses. 

        Troops Inc. in Union Square is a mobile-software start-up that plans to give professionals an artificial intelligence-powered mobile-sales assistant. Although the company is trying to release as little information as possible until the product debut, it says it will revolutionize customer relationship management technology (CRM) by first becoming mobile.

        Founded in 2014, Clubhouse Software in Gramercy Park develops online project management tools that enable companies to estimate, plan, build, and track a team’s workflow. These project management tools feature a filtering system that creates visibility across teams, projects, and workspaces that enable users to jump across projects, epics, columns, and filters.

        SeamlessDocs is another New York City-based start-up that intends to reinvent the document conversion process with a cloud service that quickly transforms PDFs and printed forms into HTML Web docs, complete with e-signatures. Adding to the convenience, one of its greatest features is the ability to automate and archive forms in real time. This makes searching documents an easier and quicker task. 


Technology

        New York City’s economy is in the midst of a rapid technology transformation. The Internet, mobile technologies, social media, and big data instigated a wave of innovation that fostered thousands of new start-ups and re-invented the city’s traditional industries.  These industries are becoming more deeply intertwined with technology. Advertisers, fashion experts, finance professionals, realtors, and other entrepreneurs are leveraging advances in computer science, automation, big data, and artificial intelligence to bring innovation to consumers in the form of goods and services. Of the 291,000 jobs comprising the NYC technology ecosystem, over half of those jobs are within non-tech industries. These 291,000 workers comprise of over 7% of the cities’ workforce. This percentage is even more than the 5% of workers in the financial sector.    

        Indeed, the city is home to some of the nation's fastest growing technology sectors. From 2003 to 2013, the NYC technology ecosystem grew 18%, adding approximately 45,000 jobs. This increase helped the city’s economy grow by 12%, which is 3 times more than the United States’ total economic growth during the same time period.

        Recently, the NYC technology ecosystem surpassed Boston as the number two hub in the nation, only second to Silicon Valley. New York City is also outgrowing almost every other market in the U.S. by surprisingly large percentages. Whether it is in the Financial District, Upper West Side, Harlem, or anywhere in between, the New York City neighborhoods are flourishing with entrepreneurial activity.

       I. Silicon Alley: The term Silicon Alley is a metonym for the sphere encompassing the New York City metropolitan region’s high tech industries, including the Internet,  new media, telecommunications, digital media, software development, biotechnology, game design, financial technology (fintech), and other fields within information technology supported by the area's entrepreneurship ecosystem and venture capital investments.

 
        The term Silicon Alley is derived from California’s established Silicon Valley.  Since 2003, Silicon Alley has seen a steady growth in the number of start-ups. It has joined the ranks alongside Silicon Valley and Boston, as one of the three leading technology centers in the United States. As of 2009, New York's Silicon Alley became the start-up leader in advertising, new media, and financial technologies, such as MediaMind, Shutterstock, DoubleClick IAC, meetup.com, and a slew of web 2.0 companies. As of 2013, Google's second largest office was located in New York City. Start-ups have a lot of potential should they pursue entrepreneurial ventures in NYC.
 

Conclusion

       New York City is a prime location for start-up businesses.  Most start-ups perform one or more activities pertaining to research and development efforts.  When they engage in these efforts, they may be eligible for federal and state R&D tax credits that are available to stimulate innovation.

Article Citation List

   


Authors

Charles R Goulding Attorney/CPA, is the President of R&D Tax Savers.

Andrea Albanese is a Project Manager with R&D Tax Savers.

Michael Wilshere is a Tax Analyst with R&D Tax Savers.


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