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Industrial Revenue Bond (IRB) Program Overview

The Department of Commerce's Industrial Revenue Bond (IRB) Program allows all Wisconsin cities, villages and towns to support industrial development through the sale of tax-exempt bonds. The proceeds from the bond sale are loaned to businesses to finance capital investment projects at, primarily, manufacturing facilities. Even though IRBs are municipal bonds, they are not general obligations of the municipality. The company or business that will use the facilities provides the interest and principal payments on the loan. The local government is in partnership with the business, lending its name, but not its credit, to the bond issue.

CONTENTS

What projects are eligible?

What are the advantages?

How does the financing work?

Are there any limitations?

How do I participate in the program?

IRB CONTACT

Steve Sabatke 608/267-0762
Steven.Sabatke@Wisconsin.gov

What projects are eligible?

Federal law defines eligible projects. IRBs are a means of financing the construction, expansion and/or equipping of, primarily, manufacturing facilities. Manufacturing generally includes nearly every type of processing that results in a change in the condition of tangible property. The proceeds of the bond issue may be used to finance the cost of land, construction of new or expanded facilities, purchase of equipment, and the payment of certain costs incurred in the issuance of the bonds. Prospective IRB users should consult with bond counsel on project eligibility and the use of bond proceeds.

What are the advantages?

Unlike most conventional loans, IRBs can offer businesses a convenient, long-term, and often a fixed-rate financing package. Similar to other municipal bonds, the interest earned on IRBs is exempt from federal income taxes. As a result, the bond buyer is willing to accept a lower rate of interest in exchange for tax-free income. Typically, interest rates on IRBs may be from 1.5 to 2.5 percentage points below corporate bonds. The terms of the bond issue are negotiable and can be structured to meet the needs of the borrower. The costs of issuing the bonds, which can be sizeable, can be spread out over the term of the bond issue.

How does the financing work?

The business must secure the buyer or the underwriter of the bond issue. The bonds are sold by the municipality, which in turn, lends the proceeds of the sale to the business. The funds come from private lenders or from public markets. Tight credit standards apply. The facilities and equipment are pledged as collateral for the loan. A letter of credit or bond insurance is often required.

Are there any limitations?

Federal tax law imposes some limitations on IRBs. The maximum size of a bond issue is $10 million, subject to certain conditions. For bond issues exceeding $1 million, capital expenditures at the business's location(s) in the municipality during the three years before and the three years after the date the bonds are issued cannot exceed $20 million. Also, the total amount of IRBs outstanding at all related operations of the business, in all states, may not exceed $40 million. "Exempt" projects, such as water, sewage and solid waste disposal facilities, do not have to comply with the $20 million limit. Businesses should consult with bond counsel on whether any of these limitations apply.

The tax code also limits the amount of most types of tax-exempt private activity bonds (bonds which benefit nongovernment persons or businesses) that can be issued in each state each year. This limit is called the unified volume cap. Businesses pursuing IRB financing must apply for an allocation of volume cap or bonding authority from the Department of Commerce. Businesses that receive an allocation of volume cap are also required to notify the Department on the project's impact on employment. The specific forms are available under IRB Forms and Instructions.

How do I participate in the program?

The business can initiate the process by discussing its project with a Department of Commerce Area Development Manager and completing a Prospect Data Sheet. The business should retain the services of bond counsel and its lender to determine the project's feasibility. The business should also meet with representatives of the municipality where the project is to be located. The governing body of the municipality must adopt an initial resolution expressing its intention to issue the bonds on behalf of the business or borrower. Generally, the proceeds of the bond issue can be used to finance eligible project costs that have been incurred within 60 days prior to the approval of the initial resolution. For more information, contact Steve Sabatke at 608/267-0762 or Steven.Sabatke@Wisconsin.gov