San Francisco Chronicle

Tax plan aims high

State regulators propose collecting on spacefligh­t

- By Dominic Fracassa

The earthly convention of paying taxes may soon extend into outer space, if California regulators have anything to say about it.

The state’s Franchise Tax Board is seeking public comment on its proposal for computing taxes on commercial space transporta­tion companies.

The private spacefligh­t industry remains small, despite grand ambitions to shuttle everything from tourists to 3-D printers into space. But the board says it created the rules to give entreprene­urs the confidence that once their businesses really start to take off, California’s tax code will be ready to handle them.

The rules are designed to apply to any company operating in California that generates at least half the money it takes in from “space transporta­tion” — defined as the movement of people or property 62 miles above the surface of the Earth. That’s the internatio­nally recognized line that separates our planet from the rest of space. It would apply to companies that use California as a launchpad, not California com-

panies launching from other states, like Texas or Florida.

Thomas Lo Grossman, a tax attorney at the Franchise Tax Board, said the proposed rules are designed to mirror the ways taxes are levied on terrestria­l transporta­tion and logistics firms operating in California, like trucking or train companies. Those rules are based largely on the way California and other states calculate taxes when goods are shipped from one state to another.

In what’s known as a market-based approach, companies tally sales — and then the taxes based on those sales — in the state where the good or service is received. But in the borderless­ness of space, precisely where a product gets delivered is difficult to define.

According to the proposal, California will collect tax from space transporta­tion companies based on a formula factoring in how often a company launches spacecraft­s out of the state, and, most importantl­y, how far a commercial spacecraft travels from California soil. Between May and mid-October, there were eight launches from Vandenberg Air Force Base in Santa Barbara County, about 50 miles south of San Luis Obispo.

In short, the amount of tax on commercial spacefligh­t companies will decrease the farther the spacecraft travels from California. “More mileage will mean less tax, and less mileage will mean more tax,” Grossman said.

If a company can’t reveal the specifics of its mission due to confidenti­ality concerns — common with contracts with the military — a launch’s mileage will be presumed to be 310 miles under the proposed rules. (For reference, the Internatio­nal Space Station is about 250 miles above the Earth.)

The Franchise Tax Board says it received input from the private space companies on the proposed rules, which largely resemble a draft submitted by SpaceX, perhaps the industry’s most recognizab­le company. SpaceX, which is headquarte­red in Hawthorne (Los Angeles County), declined to comment.

The federal government already has its own system for taxing commercial spacefligh­t companies, Grossman said, but California was the only state he was aware of working to create a framework for taxing commercial spacefligh­t.

That may not last long, according to John Logsdon, a professor emeritus at George Washington University in Washington, D.C., and a cofounder of the school’s Space Policy Institute. States across the country are already competing to craft the most enticing regulatory regimes for the burgeoning commercial spacefligh­t industry.

“States that don’t levy taxes would have that competitiv­e advantage over states that do,” Logsdon said. “If California puts in a tax and Florida or Texas doesn’t have a similar tax, I’m not sure that helps California in a competitiv­e way.”

The Franchise Tax Board proposal said certainty about tax treatment “will lead to increased activity in the industry and will foster an atmosphere of growth and prosperity once present during the golden age of California’s aviation industry, thereby creating jobs as the industry thrives in this state.”

At least one company has already been lured away from California for the promise of greater financial incentives — though of a more earthly variety. Moon Express, a company working to mine the moon for natural resources, moved from Mountain View to Florida.

In an email, the company’s CEO and founder, Bob Richards, said the company “relocated from California to Florida in part due to the State of Florida’s progressiv­e economic developmen­t incentives designed to attract commercial space companies.

“We are happy to be reaching for the moon as Space Coast residents now, thanks to the proactive efforts by Florida’s aerospace economic developmen­t agency, Space Florida,” Richards said.

California’s Franchise Tax Board is accepting comments on the proposed rules until June 5. The rules will be up for adoption at a public hearing on June 16.

 ?? Matt Hartman / Associated Press ?? SpaceX’s Falcon 9 rocket with 10 satellites launches at Vandenberg Air Force Base in January. California regulators are trying to decide how to tax commercial spacefligh­t companies like SpaceX.
Matt Hartman / Associated Press SpaceX’s Falcon 9 rocket with 10 satellites launches at Vandenberg Air Force Base in January. California regulators are trying to decide how to tax commercial spacefligh­t companies like SpaceX.

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