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Wednesday, Sep 28, 2005
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Posted on Wed, Sep. 28, 2005

Supreme Court will review tax incentives


Ohio gave DaimlerChrysler tax credit to build Jeep plant



The U.S. Supreme Court said Tuesday it will decide how states may use tax incentives to lure companies to build car plants and other projects, a major test of job-creation strategies nationwide.

Justices will review an Ohio tax program used thousands of times over the past decade until an appeals court ruled last year that it was unconstitutional.

The law was challenged by taxpayers who contend that state bidding wars over car plants and other development have gotten out of hand, with taxpayers footing the bill. They sued over an investment tax credit that Ohio gave DaimlerChrysler to build a Jeep assembly plant that opened in Toledo in 2001.

The car maker and the state of Ohio urged the Supreme Court to take the case, as did the taxpayers.

All sides agree that the case could have a sweeping national impact, with virtually every state having some type of incentive program. States competing for new employers often include tax credits as part of a package deal.

If the high court, which goes back in session on Oct. 3, puts limits on industrial tax incentives, South Carolina plans to lure businesses with other attractions.

“We would focus more on selling our other competitive advantages — quality of life, worker training, tax environment and tort environment,” said Joel Sawyer, spokesman for Gov. Mark Sanford. “Tax incentives are part of the competitive environment states find themselves in today, but they are only part of the puzzle.”

Meanwhile, the S.C. Chamber of Commerce considers incentives an important part worthy of preservation.

“Every state is different, and ... needs to be able to design packages to attract the companies they can best get,” said chamber president Hunter Howard.

The Associated Press and staff writer James D. McWilliams contributed to this report.


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