Day One - Shanghai

Tuesday, September 8, 2009 by Joy Fischer

We've arrived in Shanghai China!  China is the world's most populous country with a population of 1.3 billion (with over 700,000 million living in rural farm villages) and one of the largest producers and consumers of agricultural products.  Over 40 percent of China's labor force is engaged in agriculture, even though only 10 percent of the land is suitable for cultivation and crops.  China is among the world's largest producers of rice, corn, wheat, soybeans, vegetables, tea and port. Industry and construction account for about 46 percent of China's gross domestic product (GDP). 

China is the second largest producer of oil after the U.S.  Coal makes up the bulk of China's energy consumption and is the largest producer and consumer of coal in the world.  China is home to 7 of the world's top 10 most polluted cities. 

China is now one of the most important markets for U.S. exports and in 2007, U.S. exports to China totaled $65.2 billion. 

Shanghai is beautiful with many high-rise buildings and lovely architecture.  It's approximately 200-300 years old, relatively new by Chinese standards.  It's very cosmopolitan and has one of the world's largest buildings.  The highways are elevated and the transportation system is very efficient with subways and lots of taxis, but traffic jams are not uncommon. 

The average age of marriage is 25 and it's not uncommon for many generations to reside in the same household.   This makes defining China's "middle class" difficult.  A young adult will have low expenses because they live with their elders, but they have a large impact on spending.

We concluded the evening with a wonderful 7 course dinner.  Keeping with tradition, we changed chopsticks with each course.  Dinner consisted of many "firsts" for me including sautéed prawns in chile sauce, shredded chicken soup, steamed garoupa, pan-fired beef and mushrooms, and a sweetened almond crème with pastries for dessert. 

During dinner many toasts were given, as is tradition in China.   When a person receives a toast they must participate by taking a drink.  Many high ranking officials and business leaders have people who help "protect" them from toasts so the leader isn't required to drink a large amount of alcohol.  When receiving a toasting you should hold your wine glass below the glass of the person who is making the toast as a sign of respect.

Monday, Sept. 7, 2009
We had a briefing at the hotel by the U.S. Commercial Service and we talked a lot about China.  We started off breakfast before the presentation with a combined traditional Chinese/American breakfast.  On the Chinese side we had soups, dumplings, fresh seafood, salad and loose leaf tea.

China's GDP is about one-third of the U.S. and they have the third largest global economy.  China has had 5 years of rapid double-digit GDP growth.

Shanghai is not representative of China as a whole.  The standard of living between large metropolitan cities and farm villages is vast with marked differences in health care and education.  It is very cosmopolitan and an important economic center.  Like most countries, China has been impacted by the worldwide recession.  Exports are down 7.8 percent as of last year and they have had over 100,000 factory closings.  There are 26 million unemployed Chinese migrant workers.

China was the first major country to enact a stimulus package.  They injected $582 billion in their economy with a majority of the stimulus funds targeted toward infrastructure (air, railways, highways and power grids) and earthquake reconstruction. They have had a 2009 economic revival with a growth rate of 7.9 percent, mostly due to the stimulus package and an increase in lending.  Auto sales are up 25 percent and for the first time China has surpassed the United States.  Home sales have also improved recently.

Daniels was the featured speaker at a conference hosted by Cummins, Inc. for representatives of some of Cummins’ top Chinese suppler companies and members of the Indiana delegation.  Steve Chapman, Cummins’ group vice president for China and Russia, who lives in Beijing, introduced Daniels. The governor discussed Indiana’s business climate and encouraged conference attendees to visit the Hoosier state as they consider setting up operations in the U.S.  The governor was the guest of honor at a luncheon hosted by Cummins at the conclusion of the conference.

There has been quick growth in U.S. exports to China since China joined a common trade union in 2002.  There are many U.S. companies in China and a significant U.S. presence in human capital.  China has surpassed Japan as the U.S.'s largest export market behind Canada and Mexico.  U.S. companies with a presence in China tend to be profitable in their operations and include companies such as General Electric, 3M, GM, Boeing, Cargill, IBM  and Caterpillar.  The Chinese are less likely to have large corporate centers in the U.S. because they don't experience managing a worldwide work force and because labor is much more expensive in the U.S. compared to China.   The average labor cost in the U.S. is $25/hour compared to $1/hour in China.

Shanghai has a population of 20 million and is the commercial capital and one of the wealthiest areas of China, similar to Manhattan.  Shanghai is the economic powerhouse so an important area for Governor Daniels an our delegation to visit.

In the evening we met with the Shanghai Foreign Commerce Commission to discuss why Chinese companies should do business in Indiana.  Governor Daniels discussed how businesses would benefit from working with Indiana including the fact that Indiana has higher capital and foreign investments than any other U.S. state and Indiana does not raise taxes to pay for unbalanced budgets.  After we left the commerce commission, we immediately  went to the Hoosier Club of Shanghai reception at the yacht club.  Members of the Hoosier club are comprised of alumni from Indiana universities.  The governor spoke and commented on the importance of student exchange programs.
 
To end the evening we went to an authentic Chinese restaurant featuring several courses including shrimp, soft shell crab, beef and avocado.  The food here is incredible and made from many natural ingredients.

Treasury Announces Grant Program for Renewable Energy Projects

Thursday, July 9, 2009 by Kristina Tridico

Blog was written by Paul Jones, partner in the Tax Practice Group and member of the Firm's Green Industries Initiative.

Nearly five months after the enactment of the American Recovery and Reinvestment Act, the U.S. Department of the Treasury and the U.S. Department of Energy (DOE) today announced a multi-billion dollar program for the development of renewable energy projects.  The Act extended and modified tax credits for renewable energy projects in a manner intended to make such projects more financially feasible during the current economic downturn.  The Act authorized the Treasury to make direct payments to companies that create and place in service renewable energy facilities beginning January 1, 2009.

Under the new program, businesses may elect to forgo renewable energy tax credits in return for an immediate reimbursement of a portion of qualified expenses.  The cash in lieu of credit program is intended to provide immediate stimulus in local economies, and guidance is now available for businesses to elect direct payments in lieu of tax credits in support of renewable energy facilities.  According to their press release, the Treasury and DOE estimate that the cash in lieu of credit program will support 5,000 bio-mass, solar, wind, and other types of renewable energy production facilities.  While applications are not yet being accepted, businesses interested in applying for the new program should start preparing now to seek the cash grants.

Businesses considering the election of cash in lieu of credits should carefully consider not only the requirements of the program, but also the tax consequences of the election as it may impact the overall economics of the project.

USDA Secretary Tom Vilsack Talks Stimulus (and Agriculture) in Indiana

Wednesday, June 3, 2009 by Beth Bechdol

U.S. Secretary of Agriculture Tom Vilsack made a tour through Indiana on June 3, primarily to tout the Obama administration’s plans to rebuild and revitalize rural America.   He made three stops in Indiana: Terre Haute, Indianapolis and Danville.  The most interactive of the stops for Indiana residents was in Danville, where the secretary held a forum (part of USDA's Rural Tour) to collect ideas and comments from local residents on how best to revitalize the rural economy.

Vilsack outlined the goals of the American Reinvestment and Recovery Act – providing  assistance to struggling families; investing in the nation’s transportation system; and building “green collar” jobs.  He acknowledged that families are struggling because of the economic crisis.  In rural areas, Vilsack pointed to a few specific areas of relief provided by the stimulus funds, including infrastructure in watershed areas to reduce flooding and promotion of renewable energy production to revitalize local economies.

Rural community residents, ag organization and business leaders in attendance asked the secretary questions on a variety of topics… the struggle to feed a growing world population, the regulatory environment and wind energy issues were just a few.  Another topic though dominated the conversation and also provide the insight into the administration's priorities in agriculture – structural changes in U.S. agriculture and USDA's plans for assisting small farmers.

This has been a recurring theme for Vilsack following the release of the 2007 Census of Agriculture.  Referencing three different segments of producers ("large" farms that produce 75 percent of the nation's output; mid-sized farms and small farms), the secretary outlined priorities primarily for the latter two groups.

Mid-sized farms, he noted, are decreasing in number because they are either being purchased by larger farming operations or are dissolved because they are no longer able to compete in the industry.  USDA and other federal programs will promote job creation in local areas to provide alternative job opportunities for those farmers.

Small farms, on the other hand, are a growing segment and one that USDA will attempt to help more because of the "job opportunities they create in rural America."  How will USDA help these smaller operators?

  1. Expansion  of the beginning farmer program
  2. Connecting local consumers and local producers to establish more market opportunities for farm products. 
  3. Expanded conservation programs will help farmers more efficiently use their land.
  4. Increased focus on biofuels,  expanded trade, and climate friendly programs will also create more opportunities for small farmers.

These comments provide much needed reassurance and promises of support to rural communities hard hit  by the current economic downturn.  At the same time, they also foretell a significant shift in USDA focus and programming away from the largest, most productive farms to smaller farms seeking more localized expansion opportunities.  It is still early in this administration's term and so difficult to predict precise directives or outcomes, but it is clear that Vilsack has yet to waver from this theme and these new priorities.

Debt Restructuring Tax Relief Included in Stimulus Package

Tuesday, May 19, 2009 by Joy Fischer
The American Recovery and Reinvestment Act of 2009 includes few provisions that will have an impact on private equity and venture capital funds.  One provision that could affect private equity funds and their portfolio companies is a tax provision that will permit companies to restructure their outstanding troubled debt and defer the tax consequences thereof for five years.  The provision will allow companies to more easily deleverage their balance sheets, and thus should be considered by private equity funds and their portfolio companies which have outstanding debt.

Read the entire article on debt restructuring tax relief.

Stimulus Dollars - Good if You Go Out and Get Them

Friday, March 13, 2009 by Joy Fischer
The American Recovery and Reinvestment Act (ARRA) is being scrutinized on every level, and the overall assessment is that the bill is good for green.  From production tax credits to grants, weatherization to infrastructure investment, money is there to be received but you have to work quickly, and through the proper processes, to receive the funding.  Watch for tight timelines and meet the dates!

Some programs are being implemented by the Department of Energy.  On Thursday Energy Secretary,  Steven Chu, announced he intends to streamline the process by which the Energy Department distributes funding, with the goal of dispersing 70 percent of its funds from the ARRA by the end of 2010.  He is naming Matt Rogers as a senior adviser to implement the new department reforms which include rolling out appraisals of applications for loan guarantees, rather than waiting for the application deadline to evaluate them.  He said that the loan application forms will be simplified and the department will speed up loan underwriting by using outside partners.  The Treasury Department is also tasked with crafting regulations to implement the stimulus funding.

Specifically for Indiana, you should know the process for the:

Indiana Brownfields Program - Contact a Petroleum Remediation Grant consultant in your region.  A potential project list will be compiled by March 4, 2009. Right now the list is focused on petroleum contaminated sites, however the program may be able to open site consideration to hazardous substances as well.

Indiana State Revolving Fund - Drinking Water and Wastewater programs.  The Indiana Finance Authority (IFA) will be provided approximately $94 million to fund wastewater infrastructure projects and about $26 million to fund Drinking Water infrastructure projects.  The IFA created the SRF Loan Program Recovery Loan and Grant Program.  All standard SRF Loan Program requirements apply. Fixed rate loans (20- year terms) and grants are available.  Make sure that your community has completed a Preliminary Engineering Report and have it filed with the SRF Loan Program by March 13, 2009.

As always think about where the remainder of the financing is going to come from.  For instance, if you are applying for the 30 percent Department of Energy grant for eligible wind, biomass, geothermal and solar plants, make sure that you have a plan in place to fund the remaining 70 percent.  Start talking with your investment and private equity team to craft the entire package.

Stimulus Bill Impacts Employers

Thursday, March 12, 2009 by Joy Fischer
Employers take heed!  On February 17th, President Obama signed his economic stimulus package into law.  The American Recovery and Reinvestment Act of 2009, commonly known as the stimulus bill, contains a number of provisions of importance to employers.  If your business will receive funds under the Troubled Asset Relief Program (TARP), or any other stimulus program, it is critical that you are aware of these provisions.

Read more about the impact to employers.

USDA's 85th Annual Agricultural Outlook Forum

Friday, February 27, 2009 by Beth Bechdol

Commentary from Beth Bechdol, Director of Agribusiness Strategies, Attending USDA's 85th Annual Agricultural Outlook Forum


The attitudes of attendees at this year's agricultural outlook conference are concerned, cautiously optimistic, curious, hopeful and even discouraged.  In other words....extremely mixed!
 
The annual event which provides industry leaders with market and commodity outlooks, but also insight to emerging policy developments, was a must-attend this year because new leaders stepped out further onto the public stage...  Director of the National Economic Council and Assistant to the President for Economic Policy Lawrence Summers and Secretary of Agriculture Tom Vilsack.
 
Summers opened the conference with a description of the Obama  administration's two economic policy thrusts - a direct strengthening of the economy through job creation and the stimulus package and ensuring renewed financial stability in the credit, housing and banking systems.  He described today's recession as one of those "vicious cycles" that occurs just a few times in a hundred year period when the market's self-equilibrating fuction breaks down.  It is the  president's view, Summers noted, that the "profoundly important investments" being made in the stimulus package will help "restore the US economy's potential to produce and earn."
 
Secretary Tom Vilsack was next with a message obviously more tailored to agriculture.  Without prepared remarks, he eloquently outlined priorities for the Department and also key strategies he intends to pursue.   He told us that President Obama personally directed the Secretary to focus on three areas:  1.  ensure that children have more access to nutritious foods; 2.  expand alternative energy opportunites; and 3.  support research that allows agriculture to transition away from its own fossil fuel dependence.
 
Then, recent events added two more priorities for the Secretary...the salmonella find in peanut butter elevated food safety and the economic recession and stimulus package provisions will require USDA to quickly deliver $28 billion in nutrition and rural development programs especially.
 
The recently released 2007 Ag Census also clearly had an impact on the Secretary's thinking and strategic focus for agriculture.  He highlighted several findings from the "snapshot" of U.S. agriculture including the dramatic increase in small income farms (108,000 new small farms in the last five years); an increase in the very large farms such that today the 125,000 largest farms produce 75 percent of all our food; and finally the decline by 80,000 farms in the mid-size range.
 
It was no surprise, then, that the strategies defined by the Secretary were specifically referenced as "helping small to mid-sized farms."  They included: 
  1. Helping small farms (many of which are specialty crop producers) become mid-sized farms by encouraging more consumption of fruits, vegetables, and nuts
  2. Improve the safety and security of the food system
  3. Rebuild and revitalize rural communities
  4. Develop more renewable and alternative energy opportunities for agriculture
  5. Enhance conservation stewardship programs
Large farms were not completely excluded from the plan, however.  Vilsack referenced the benefits that would accrue to this segment from science and research investments, trade promotion and also climate change profit opportunities.
 
He closed by noting that this "complicated agenda" was "complicated further by the financial situation," and that the "ag budget has to be a part of making hard choices" to attack the federal budget debt.   At the same he was delivering these comments, across town at another press event, the Obama budget proposal was released.  It should have been no surprise to industry observers who have listened closely to President Obama that the budget proposes a phase out of direct payments to large farms - payments that have for decades been a part of the farm "safety net".  In fact, it was just days ago in his address to Congress that the  president said he would look for wasteful items in the budget to cut including "large payments to agribusinesses."

Agricultural policy has long been viewed as a massive ship which required much strength and time to even begin steering on a new course.  We should all watch closely the new captains at the decision-making helm - the new direction may come more quickly than many in agriculture had planned or hoped for.

Agriculture and Rural Development

Friday, February 27, 2009 by Joy Fischer

The Obama administration's rural agenda includes a safety net for family farmers and a program to connect rural America through affordable broadband coverage.  Both of these programs will receive support through the stimulus package with $4.8 billion allocated to the Department of Agriculture for farming aid and rural development projects through the use of grants, loans and guarantees for broadband infrastructure programs and rural water, waste water and water disposal programs.

Read more about the impact on agriculture and rural development.

Public Housing

Friday, February 27, 2009 by Joy Fischer

The stimulus bill is welcomed news for the public housing sector.  The funds will be allocated between several different housing initiatives including $4 billion to be used for capital and management activities for public housing agencies, $2 billion for neighborhood stabilization programs, and $1.5 billion for homeless prevention efforts.

Read more about the impact on public housing.

Transportation

Friday, February 27, 2009 by Joy Fischer

Before the ink could dry on the stimulus package, many political pundits were calling transportation and infrastructure one of the big winners.  The amount allocated for transportation infrastructure investment is $64.1 billion, according to the House Committee on Transportation and Infrastructure.  Most of these funds go toward highway and bridge construction projects, mass transit such as public transportation and high-speed rail projects as well as aviation programs.

Read more about the impact on transportation.

Employment

Friday, February 27, 2009 by Joy Fischer

Companies who are the beneficiaries of funds from the stimulus package should take note.  New whistleblower provisions and employment-related provisions touching on immigration law are included in the bill.  In addition, there are compensation restrictions in place for executives of public companies receiving Troubled Asset Relief Program (TARP) funds.

Read more about the impact on employment.

Health and Life Science

Friday, February 27, 2009 by Joy Fischer

The stimulus bill intends to provide federal assistance to states for health insurance coverage through Medicaid for children and those in danger of losing their coverage.  Other big recipients include the National Institute of Health, the Department of Health and Human Services and the health information technology exchange programs.

Read more about the impact on health and life science.
 

Corporate Tax

Friday, February 27, 2009 by Joy Fischer

A number of important business tax relief provisions are contained in the stimulus package including a five-year carryback of 2008 net operating losses for qualified small businesses.  The legislation also expands volume for the New Markets Tax Credits program.

Read more about the impact on corporate tax.

Tax-Exempt Bonds and Tax-Credit Bonds

Friday, February 27, 2009 by Joy Fischer

The stimulus bill modifies several federal tax laws affecting tax-exempt bonds including creating a two percent safe harbor and creating a new type of tax-credit bond called Build America Bonds.  Recovery zone economic development bonds and manufacturing bonds and a number of other bond provisions are outlined in the stimulus bill.

Read more about the impact on municipal finance.

Education

Friday, February 27, 2009 by Joy Fischer

President Obama has made education a key component of the stimulus package.  More than $43 billion has been allocated to the Department of Education and an additional $9.9 billion in tax credit bonds for the land acquisition for, or construction, rehabilitation or repair of public school facilities.

Read more about the impact on education.
 

Stimulus Dollars - Good if You Go Out and Get Them

Friday, February 20, 2009 by Kristina Tridico
The American Recovery and Reinvestment Act (ARRA) is being scrutinized on every level, and the overall assessment is that the bill is good for green.  From production tax credits to grants, weatherization to infrastructure investment, money is there to be received but you have to work quickly, and through the proper processes, to receive the funding.  Watch for tight timelines and meet the dates!

Some programs are being implemented by the Department of Energy.  On Thursday Energy Secretary,  Steven Chu, announced he intends to streamline the process by which the Energy Department distributes funding, with the goal of dispersing 70 percent of its funds from the ARRA by the end of 2010.  He is naming Matt Rogers as a senior adviser to implement the new department reforms which include rolling out appraisals of applications for loan guarantees, rather than waiting for the application deadline to evaluate them.  He said that the loan application forms will be simplified and the department will speed up loan underwriting by using outside partners.  The Treasury Department is also tasked with crafting regulations to implement the stimulus funding.

Specifically for Indiana, you should know the process for the:

Indiana Brownfields Program - Contact a Petroleum Remediation Grant consultant in your region.  A potential project list will be compiled by March 4, 2009. Right now the list is focused on petroleum contaminated sites, however the program may be able to open site consideration to hazardous substances as well.

Indiana State Revolving Fund - Drinking Water and Wastewater programs.  The Indiana Finance Authority (IFA) will be provided approximately $94 million to fund wastewater infrastructure projects and about $26 million to fund Drinking Water infrastructure projects.  The IFA created the SRF Loan Program Recovery Loan and Grant Program.  All standard SRF Loan Program requirements apply. Fixed rate loans (20- year terms) and grants are available.  Make sure that your community has completed a Preliminary Engineering Report and have it filed with the SRF Loan Program by March 13, 2009.

As always think about where the remainder of the financing is going to come from.  For instance, if you are applying for the 30 percent Department of Energy grant for eligible wind, biomass, geothermal and solar plants, make sure that you have a plan in place to fund the remaining 70 percent.  Start talking with your investment and private equity team to craft the entire package.

On Its Way Out of Committee, Stimulus Bill Retains Several Provisions Related to Green Jobs and Renewable Energy

Friday, February 13, 2009 by Kristina Tridico

Blog written by Paul Jones.

Congress is in the process of passing economic recovery legislation that would (if enacted) expand existing, and establish new, tax incentive programs to further those goals.  Specifically, the American Recovery and Reinvestment Tax Act (the Act) contains several provisions that would provide expanded or additional sources of funds for green projects.  If enacted in its current form, the Act would, among other things:

  • Establish a 30% credit for investment in facilities that manufacture advanced energy property;
  • Extend Code Section 45 renewable energy production tax credits by increasing the placed in service date for three years (through 2012 for wind and 2013 for other qualified facilities);
  • Allow temporary election to claim 30% investment credit under Code Section 48 in lieu of the Code Section 45 production tax credit; and
  • Expand the volume for Clean Renewable Energy Bonds (CREBs); and
  • Expand the volume for the recently established Qualified Energy Conservation Bonds (QECBs), which like CREBs, are tax credit bonds.

The Act contains several other provisions, including those that would expand the New Markets Tax Credit program, revise certain tax-exempt bond limitations, and provide relief for cancellation of debt income.

Read the full text of an Ice Miller alert which contains more details on the points above.