One way the tax credit loopholes work
The tax credit program as explained to taxpayers.
See links to two more ways at the bottom.
An economic development program was created, by the Oklahoma legislator, to attract
investments in new Oklahoma business ventures. The incentive was to be a 20 to 30%
tax credit to help offset the risk. This guaranteed the investor they are only
risking 70-80% of their investment with the venture. So goes the claim of what
was intended? The cover!
The tax credit program as ran by the Oklahoma Tax Commission
A group of investors put up $10 million to invest in urban small
business venture Capital projects.
The investors borrow an additional $90 million. That money
doesn't go into the project, but is instead left safely in the bank drawing interest
until the scam is approved, at which time the investors pay off the loan.
The investors claim a $30 million tax credit based on his $100 million fake "investment."
The Oklahoma Tax Commission approves the deal and issues the investors a letter of
legality as protection in the event of legal action.
Two, at minimum, program violations.
- Investors were given credit for money not at risk.
- No jobs are created off the borrowed portion of the money.
The state treasury loses $27 million. $30 less the $3 million that meets the program criteria.
Investors now have $30 million in profit plus the $10 million investment.
Source: Extracted from Tax credit being abused, officials say [Ref A101]
Once the investors receive the tax credit authorization from the Oklahoma Tax Commission
it is theirs, free of any and all obligations. Free if desired to scratch the business used
to claim the tax credit. Use the credits on another business they own. Or, sell the
credits to other businesses via a laundering* scheme. Either way they are under no obligation
to create more jobs. They received the tax credit for stating they intended to start a new
business.
State Officials Response
State officials justify this by claiming there was nothing in the tax bill that said the
investors couldn't ignore the business and use the money as they see fit.
In plain language, our state officials who took an oath to protect the public's
interest are saying, to the taxpayer. Gotcha, it is your own fault for being so
stupid as not to tell them they couldn't.
Based on turning their backs and avoiding the problem the Governor, Attorney General,
and Legislators have demonstrated their allegiance is to the corrupt element of the state
and not their constituents.
*Note: Similar to the layering step in money laundering that involves transferring funds through a series of accounts or LLCs in an attempt to hide the funds' true origins.
There are multiple loopholes that allow those with a creative imagination to devise a variety of schemes. It would be foolhardy on my part to think that I have discovered all possible schemes. Don't limit your thinking to this one method, or other methods covered on other pages. I would appreciate anyone who pointing out other possible scenarios.
A second way the Scissortail way
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A third way the tax credit laundry Cycle
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