Taxation Incentives

To encourage local investment the city of Kilgore and KEDC offer a variety of taxation incentives. Please click on the "taxation incentives" heading to see more information on the following:

  1. Tax abatements
  2. Property Tax Rule 9.105
  3. Foreign-trade Zone/Alternate Site Framework
  4. Freeport tax exemption
  5. Pollution control equipment exemptions
  6. Utility tax exemptions
  7. MM&E tax exemptions
  8. Clean room exemptions

 Tax abatement on real and personal property improvements may be granted by all taxing entities except Kilgore Independent School District.  The company must meet requirements associated with the value of capital improvements and either job creation or payroll increases maintained throughout the term of the agreement.  The City of Kilgore will create a reinvestment zone and adopt a tax abatement agreement with companies according to the following two schedules.

 

 

Schedule I

 

Tax Abatement Schedule I - Qualifications and Sliding Scale Rate

Capital Improvements

Full-Time Job Creation

Payroll Increase

$500,000

and

25 or More

or

$400,000 Annually

$1,000,000

and

5 or More

or

$80,000 Annually



ABATEMENT AMOUNT

Year

Percentage

1, 2, & 3

100%   

4

75%   

5

50%   

6

25%   

7

0%   

Schedule II

 

Tax Abatement Schedule II - Qualifications and Sliding Scale Rate

Capital Improvements

Full-Time Job Creation

Payroll Increase

$500,000

and

5 - 24

or

$200,000 Annually



ABATEMENT AMOUNT

Year

Percentage

1, 2, & 3

50.0%

4

37.5%

5

25.0%

6

12.5%

7

0%

For extraordinary projects with significant investment and job creation, the taxing entities will consider tax abatements up to 100% for a period of 10 years.


Property Tax 9.105

Property Tax Rule 9.105:  The Texas Comptroller of Public Accounts offers a refund of franchise and sales/use taxes paid by companies owning certain abated property.  A company who meets the following three conditions may apply for a refund:

  • Paid property taxes to a school district on property located in a reinvestment zone. 
  • Is exempt in whole or in part from property tax imposed by a city or county under a tax abatement agreement.
  • Is not in a tax abatement agreement with a school district.
Tx Economic Development Act (HB1200)

Texas Economic Development Act (HB 1200)  This act provides relief from school district property taxes for companies making large capital investments of $20 million to $100 million or greater.  The appraised value of qualifying capital investments is capped based on a sliding scaled tied to the total property wealth of the school district where the investment is located.  The investment amount is determined over a 2-year period.   In general, a school district may abate 100% of the appraised value over the applicable cap of improvements and tangible personal property used in manufacturing for up to 8 years, beginning in the third year of investment.  The company will pay taxes based on the full-appraised value during the first two years but is entitled to a refund of any amounts paid during that period on the value in excess of the applicable cap.  In addition the company must create at least 25 new permanent jobs, pay at least 80% of a group health benefit plan for its employees, and pay at least 100% of the county average weekly wage.

Foreign Trade Sub-Zone

The U.S. Department of Commerce recently approved the modification of Gregg County’s Foreign Trade Zone to provide a new benefit for businesses. The new designation, the Alternate Site Designation, is the first of its kind in the nation and will allow companies located within Gregg County to secure Foreign Trade Zone status for warehousing, distribution and manufacturing operations within approximately 30 days, faster than the usual timeframe. 

Any foreign and domestic merchandise, unless prohibited by law, may be brought into a foreign trade zone without being subject to the custom laws of the U.S. governing the entry of goods or the payment of duty. 

Freeport Tax Exemption
Freeport Tax Exemption  is an exemption for property taxes paid on inventories if those inventories qualify as “Freeport Goods.”  Freeport property is defined as goods, wares, merchandise, and other tangible personal property acquired in Texas or brought into Texas and held here 175 days or less before being shipped out of the state.  The property must be in the state for assembling, storing, manufacturing, repair, maintenance, processing, or fabricating purposes.
 
Freeport Tax Exemption is granted by three of the four taxing entities in Kilgore: the City of Kilgore, Kilgore Independent School District and Kilgore College. This represents 86% of the property tax imposed on inventory values in Kilgore.  The other taxing entity, Gregg County, which represents approximately 14% of the local ad valorem taxes, does not grant the Freeport Tax Exemption.

For more information, please visit the following links:  

Texas Constitution Article 8, Section 1-J: http://www.window.state.tx.us/taxinfo/taxforms/50-113.pdf
 
Application for Exemption of Goods Exported from Texas (50-113): http://www.window.state.tx.us/taxinfo/taxforms/50-113.pdf

Pollution Control Equipment Exemptions
Exemption for Pollution Control Equipment   A company that invests in pollution control equipment that will meet or exceed federal, state, or local environmental laws, rules, or regulations may apply for a positive use determination from the Texas Natural Resource Conservation Commission.  This determination will exempt the property from ad valorem taxes.
Utility Tax Exemptions

Natural Gas and Electricity Sales and Use Tax Exemption  Companies are exempt from paying state sales and use tax on electricity and natural gas used in manufacturing, processing, or fabricating tangible personal property.  The company must complete a predominate use study showing that at least 50% of the electricity or natural gas consumed by the business directly causes a physical change to a product.

MM&E Tax Exemptions
Manufacturing Machinery and Equipment Sales and Use Tax Exemption   Leased or purchased machinery, equipment, replacement parts, and accessories that have a useful life of more than six months, and that are used or consumed in the manufacturing, processing, fabricating, or repairing of tangible personal property for ultimate sale, are exempt from state and local sales and use tax.  Texas businesses are exempt from paying state sales and use tax on labor for constructing new facilities.  Machinery exclusively used in processing agricultural products by the original producer is also exempt.
Clean Room Exemptions
Clean Rooms Exemption  Clean rooms used in the production of semiconductor components are exempt as manufacturing equipment.