MediaTech Law

By MIRSKY & COMPANY, PLLC

Update: DC’s Qualified High Tech Company (QHTC) Changes: Nice Benefits to LivingSocial

My colleague Kate Tummarello wrote last year about the District of Columbia’s “New E-Conomy Transformation Act of 2000”, a 2001 law which set up tax benefits encouraging technological innovation.  The Act granted tax benefits to “Qualified High Technology Companies” (QHTCs), certain DC-based, for-profit businesses that make most of their revenue from the sale of products and services related to information technology.

Among other incentives, the Act granted to QHTCs tax credits for wages and costs of retraining qualified disadvantaged employees, credits for wages to qualified non-“disadvantaged” employees, exemptions from DC sales and use tax and reduction of DC’s corporate franchise tax rate, and exemption for 5 years from DC’s corporate franchise tax.

In April 2012, DC Mayor Gray proposed expansions of the QHTC program, in his “Social E-Commerce Job Creation Incentive Act of 2012.” The 2012 legislation, enacted in part and still pending in part, would accomplish 3 major things:

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Startups: Capital Fundraising, Crowdsourcing and Securities Law

“With regulators considering easing fund-raising rules for start-ups …” a recent Wall Street Journal story began, “social-networking sites that link entrepreneurs to large pools of donors are gearing up for a boom.”

First, the background.  Federal and state securities laws govern the sales – including the solicitation of sales – of securities, affecting all efforts to raise capital for startups.  This includes any public efforts to raise money, and includes raising small or large amounts of money.  Generally, sales and solicitations of sales of stock require compliance with SEC and various state securities law, and more particularly the registration requirements of those laws.

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