Daily News

STONEHAM — Massachusetts-based cannabis company Theory Wellness is transitioning its ownership entirely over to its employees, in what is known as an employee stock ownership plan (ESOP). By doing so, Theory has become the first employee-owned cannabis company in the Commonwealth and the largest of its kind in the country.

Established in 2015 by co-founders Brandon Pollock and Nick Friedman, Theory Wellness has grown to include four dispensaries, production and cultivation facilities, and more than 200 employees, and has served more than 3 million customers since its inception.

“Our team is the heart and soul of our company,” said Pollock, Theory’s CEO. “Now we have the opportunity to honor their dedication by handing 100% of the company over to them.”

Pollock and Friedman have been business partners since they met at Colby College in 2006.

“It’s the right thing to do,” Nick, Theory’s chief strategy officer said of the ESOP. “We are proud of our employees; they deserve to own what they have worked so hard to create.”

This change in ownership is not expected to disrupt the company’s day-to-day operations, Brandon emphasized. “We expect a seamless transition. Neither our brand nor our management is changing. We are simply transitioning ownership over to our team.”

Daily News

SPRINGFIELD — U.S. Rep. Richard Neal joined Massachusetts Gov. Maura Healey, Massachusetts Secretary of Labor and Workforce Development Lauren Jones, MassHire President and CEO David Cruise, Springfield Mayor Domenic Sarno, Holyoke Mayor Joshua Garcia, and Baystate Health President and CEO Dr. Mark Keroack in celebrating the selection of MassHire Hampden County Workforce Board (MHHCWB) as a finalist for the Economic Development Administration’s (EDA) Distressed Area Recompete Pilot Program.

Funded through the CHIPS and Science Act, the Recompete Program will invest in economically distressed communities to promote job growth, targeting areas where the prime-age (25 to 54 years) employment is significantly below the national average. Authorized for up to $1 billion in the CHIPS and Science Act, the Recompete Program received $200 million in initial appropriations for the 2023 competition. Through local investments, the Recompete Program will help support closing the employment gap by connecting historically marginalized communities with good-paying jobs.

“The CHIPS Act is about bolstering economic activity through investments that will empower American innovators, stimulate job growth, and achieve economic security for future generations. With opportunities like the Recompete Program, that is precisely what the Pioneer Valley will see in the years to come,” Neal said. “I applaud MassHire, whose efforts in spearheading the Springfield-Holyoke Recompete Plan were critical in navigating the EDA’s rigorous application process. By collaborating with local partners, both public and private, MassHire’s targeted approach would help thousands of local residents access economic opportunities otherwise not afforded to them.”

Healey added that “this program will boost our efforts to ensure that all workers can access the training and workforce-development opportunities they need to succeed in today’s economy.”

Selected from more than 200 applications, MHHCWB was one of just 22 applications to be named a finalist for Recompete Plan approval. Through cross-sector collaboration, MHHCWB’s $20 million proposal would spur job growth and retention in the gateway cities of Springfield and Holyoke, putting individuals on career pathways with living wages.

Funding from the Recompete Program would support four holistic investments that address employment barriers through a shared services hub, workforce development and training, and the expansion of employer commitments to worker-friendly jobs. The formation of a workforce training system would establish a structure in which schools, training institutions, and employers mutually equip, commit to, and credential one another, creating an ecosystem in which partners are using the same approaches, systems, and practices that most effectively recruit, promote, and retain historically excluded prime-aged adults.

“Creating cross-sector collaboration in key census tracts in Springfield and Holyoke that increase employment and retention of prime-aged individuals and put them on career pathways with living wages is critical to accelerating job creation, driving economic development and industry competitiveness, strengthening families, and ensuring resilient communities,” Cruise said.

As a Recompete Program finalist, MHHCWB will now move to phase 2 of the program and receive a $500,000 Strategy Development Grant to refine its Phase 2 application. This funding will be accessed in early 2024 and can be used to increase regional economic-development capacity by hiring experts, building and strengthening partnerships, conducting studies, and piloting strategies. In addition, EDA will provide individualized feedback and technical assistance to each of the Strategy Development Grant awardees.

“Baystate Health is proud to partner with the MassHire Hampden County Workforce Board on the Springfield-Holyoke Recompete Project, and we are thrilled the project is among the 22 finalists for funding,” Keroack said. “As the largest healthcare provider in Western Massachusetts, we are not only committed to providing high-quality healthcare, but we are also dedicated to being changemakers in our communities. This funding will help our workforce-pipeline programs which were designed to change lives for those who may not have job training and workforce-development opportunities.”

Daily News

Trevor McCarthy

EASTHAMPTON — bankESB recently promoted Trevor McCarthy to float retail manager.

McCarthy has three years of banking experience and joined bankESB in 2020 as a teller. In his new role, he will manage the float staff at bankESB. He will be based in Easthampton but will float to all bankESB branches to support with supervisory needs.

McCarthy has a bachelor’s degree in economics from Westfield State University.

Daily News

HOLYOKE — Members of the Holyoke Community College (HCC) community helped spread some holiday cheer earlier this month as they delivered piles of wrapped and donated gifts to representatives from three local charities at the closing reception for the college’s 22nd annual Giving Tree campaign.

This year, the HCC community fulfilled the holiday wishes of more than 300 clients from Homework House, WestMass ElderCare, and the Massachusetts Society for the Prevention of Cruelty to Children.

“These gifts are very, very meaningful for our kids,” said Virginia Dillon, executive director of Homework House, a free academic support program for Holyoke children. “It’s a happy time of year at Homework House. There’s an air of excitement, but we also know that it can be fraught for the families who oftentimes have to make a choice between warm coats and clothing and gifts, or putting food on the table and buying presents. For our kids, this means that families will have something underneath their trees again this year, and we are ever so grateful for your continued generosity.”

Each year during the campaign, Giving Trees are set up in designated areas around campus. Participants choose tags from one of the nonprofit agencies based on the age of the recipient and their wish for a gift. The purchased gifts are then wrapped and stacked on tables for the closing celebration, when HCC faculty, staff, and students join with representatives from the agencies to distribute the gifts and share food and stories.

HCC held its 2023 Giving Tree closing reception on Dec. 12 in the PeoplesBank Conference Center in the Kittredge Center for Business and Workforce Development.

“We have been part of this great tradition for many years now, and our participants couldn’t be happier and more thankful for everything you do for us,” said Nancy Allen-Scannell, executive director of the Massachusetts Society for the Prevention of Cruelty to Children. “We are located in Holyoke, and we serve families, young parents, who are struggling with their day-to-day lives. And now we have the great privilege of bringing presents to them, so they have something to put under their trees, because no parent ever wants to feel like they can’t provide for their kids.”

This year’s Giving Tree campaign was the first for new HCC President George Timmons.

“This warms my heart,” he said. “It is just another example of how we live out our values by being kind to our community during a difficult time of year for many people. Being able to give a little holiday joy and happiness this holiday season is really important to me and makes me very proud to be the leader of this great institution.”

Commercial Real Estate Cover Story

Improving on the Model

Chris Orszulak, left, and Bill Laplante

Chris Orszulak, left, and Bill Laplante at the Modern Workspace facility they are building in East Longmeadow.

 

Before going into some detail about the new co-workspace initiative he’s part of in East Longmeadow, Chris Orszulak first wanted to talk about another project he partnered on in the town next door.

Specifically, he referenced restoration of the historic Brewer-Young mansion in the center of Longmeadow and, even more specifically, conversion of its third floor into what has become known as 734 Workspace, to match the mansion’s address on Longmeadow Street.

He started there because it was success in that endeavor that ultimately inspired the East Longmeadow project and, before it, something similar on the Cape.

Indeed, when they conceived the new co-work facility in Longmeadow in the year before the pandemic, Orszulak, a financial planner by trade, and partners Andrew Lam, Henry Clement, and Jason Pananos were not exactly sure what they would find.

What they found — and it took a while for things to fully shake out because the pandemic hit just after they opened, and it changed the dynamic in many respects — is that there are professionals, and a healthy number of them, who don’t want to work in a large office, but also don’t want to work at home — at least all the time.

Many need a place where they can bring clients; where they can access reliable, high-speed internet; where they can have some privacy; where they can get some work done; and where they can have their mail sent.

“What this has turned into is the evolution of working from home and remote work that is permanent now in the workforce, post-pandemic.”

And, yes, 734 Workspace became that place — a place where there is remote work, but with some twists and some style. There are 17 small offices there, all of them are leased out, and there is a good-sized waiting list, Orszulak noted.

“What I found attractive about the model, pre-pandemic, was simply its flexibility,” he explained. “When you have a membership with us, it’s month to month, and we include everything with your membership. But what this has turned into is the evolution of working from home and remote work that is permanent now in the workforce, post-pandemic.

“And the reasons why people would join a place like ours are what you might expectm” he said. “You can’t get everything you want to get done at home; you’re distracted by your pets, your kids, your husband, your wife; you need a change of scenery — you’re not productive at home.”

Brewer-Young mansion in Longmeadow.

Modern Workspace was in many ways inspired by the success of an earlier venture on the third floor of the Brewer-Young mansion in Longmeadow.

This model, this change of scenery, has worked so well that Orszulak, partnering with Pananos and East Longmeadow-based luxury homebuilder Bill Laplante, moved with confidence and optimism to create something similar in a commercial condominium in Chatham on the Cape.

Further inspired by success there, they are moving forward aggressively with construction of a unique co-working space on a small lot owned by Laplante in East Longmeadow that will be branded Modern Workspace — a name that will eventually go on all the facilities in the portfolio.

Unique — and modern — for several reasons, starting with energy efficiency. Indeed, this will be a net-zero building, said Laplante, adding that it features a solar array on the roof that will provide 100% of the electricity for heating, cooling, and hot water; a car-charging station; and more.

It also features 24 individual spaces across two floors; multiple conference rooms; printing, scanning, and copying equipment; 24/7 access; and more, said Orszulak, adding that the doors are expected to open late in the spring of 2024.

There has been considerable interest in the East Longmeadow facility already, said the partners, adding that results there will help determine if and where this concept might go next.

Indeed, Orszulak stressed that Modern Workspace is certainly scalable, but the model will likely work only in communities like Longmeadow and East Longmeadow, which don’t have existing co-workspace but do count large numbers of professionals among the population base.

The partners are considering Wilbraham and some communities in Northern Conn., such as Suffield and Simsbury. But for now, they are focused on the new East Longmeadow facility, getting it off the ground and on a path to success.

“We’re really excited to see how it does here in East Longmeadow,” Laplante said. “And if does well, and we expect that it will, we’ll see where we can go from there.”

For this issue and its focus on commercial real estate, BusinessWest talked with Orszulak and Laplante about this latest venture in the broad and ever-changing co-work realm, and what it might lead to down the road in terms of further expansion.

 

Right Time, Right Place

As he talked about this expansion of the model forged in Longmeadow, Orszulak first addressed the larger topic — the elephant in the room, if you will — of remote work and its long-term future.

And he was direct in his opinion that there is a large degree of permanence to what is being seen in most workplaces in terms of not simply flexibility, remote work, and hybrid schedules, but also the notion that, for many professionals, there will be a need for a place that isn’t home and isn’t the office, at least in the traditional sense.

“The hybrid model is the model of the future, where there’s partial work from home, and you also work from an office space,” he explained, adding that, in his estimation, this office space will not be in an office building or office park, but a smaller space in a co-working facility that will be used a few days a week, often with the employer reimbursing for space rental.

Chris Orszulak, left, and Bill Laplante

Chris Orszulak, left, and Bill Laplante say Modern Workspace was conceived and designed to reflect changes in the workplace they believe are permanent.

“This is a permanent thing,” he went on. “We’re in the very early innings of complete generational change to the way people work; it will never revert back completely.”

It is with this mindset, as well as the high degree of success recorded at the Brewer-Young mansion, that Orszulak and his partners are moving forward with the facility in East Longmeadow, which is quickly taking shape.

As they offered a tour of the work in progress, Orszulak and Laplante pointed to rows of studs outlining future individual offices and other facilities, such as a conference room and common space, and gestured to where flat-screen TVs, standing desks, and storage would be in those offices.

“You can basically come in with your laptop and immediately work,” said Orszulak, adding that he expects some tenants will come in several days a week, others a few, and still others maybe just one.

He expects this new facility will attract roughly the same demographic as the Brewer-Young mansion, which includes several lawyers, a few financial advisers, several entrepreneurs with various types of small businesses, and other professionals. There are men, women, both younger and older professionals — “it pretty much appeals to everyone.”

Also appealing are the various levels of membership — from simply having a mailing address to a 10-day membership, to a ‘common-space membership,’ which enables members to come in as many days a week or month as they want to use a common space that includes soft chairs, high-top tables, and stand-up desks and use of the conference room; from a ‘dedicated common-space membership’ (a member has his or her own desk) to rental of an office. The rates vary accordingly, from $150 for a mailing address to $850, on average, for office rental.

The lawyers within the membership base provide an effective snapshot of the type of client the partners are attracting there, and expect to attract at the East Longmeadow facility.

“In many cases, it’s attorneys who had office space, but they didn’t require as much office space as they had rented,” Orszulak said. “Some of them might be winding down the practice, but they don’t want to stop working, so they’ve reduced the size of the practice, and this facility gives them an area they can go to, one that gives them a great deal of flexibility.”

Like the 10-day membership, which, as that name suggests, enables members to use the various facilities 10 days a month.

“There are many people who permanently work from home, but they would prefer not to have their home be the place where they meet clients,” he explained. “So they’ll just use our conference room for meetings, and we have a really simple app on your phone where you can book time and meet clients. There’s a handful of attorneys that just do that; they’ll use the conference room half a dozen times a month.”

Meanwhile, some members just want a business address, he went on, adding that there are mailboxes for these individuals, as there will be in East Longmeadow.

 

Getting Down to Business

Overall, each of the successful elements of the model created in Longmeadow and followed in Chatham — where the partners have found a strong market for co-work space among permanent residents, professionals with summer homes in that area, and even those on vacation for two weeks who need a place to take a Zoom meeting — will be used in East Longmeadow, where the setting will be decidedly different.

Indeed, while the Brewer-Young mansion is more than a century old, historic, and in most all ways energy-inefficient, the facility under construction in East Longmeadow will be anything but.

“This will be a net-zero project; we will not be purchasing any electricity or gas — there will no gas to the property,” Laplante explained, adding that the building will be ultra-modern in many other ways as well, from reliable, high-speed internet to the car-charging stations.

And while they proceed with construction of the East Longmeadow facility, the partners are already thinking about where they might go next with the concept, although they obviously want to see how this space does before expanding further.

Overall, they believe it will work in mostly residential communities with many working professionals, scenarios where people can live and work in the same town, but not necessarily in the same place.

“We don’t see someone from South Hadley jumping in the car and going to the Brewer-Young mansion for their co-working office space,” said Orszulak, adding that several members at the facility actually bike or walk to the ‘office.’

Elaborating, he said there are co-work spaces that people can get on a highway and drive to, but there is an increasing need for something right around the corner.

Given those patterns, the concept could work in other area communities in Western Mass., such as Wilbraham, as well as Connecticut, he went on.

“We think Simsbury in Connecticut is a great market,” he noted, adding that other communities in that area, such as Suffield, may be attractive landing spots as well. “The towns are very similar to Longmeadow and East Longmeadow, and we see great potential there.

“We want to be smart about where we grow; I think we’re learning more as we talk to more people, and we’re learning a lot here,” he said, adding that there are certainly challenges to expansion, including finding appropriate locations and building facilities, often from scratch. “It’s a scalable model.”

For now, though, they are laser-focused on opening the doors in East Longmeadow. They said they have already received a good amount of interest and expect there will be much more as the facility starts to take shape.

Co-working is not a new concept, per se, but it continues to evolve, and this model represents what would be considered state-of-the-art.

It represents work in progress — in every sense of that phrase.

 

 

Features Special Coverage

A Year of Challenge and Progress

By Joseph Bednar and George O’Brien

Way Finder CEO Keith Fairey

Way Finder CEO Keith Fairey says the housing crisis has been years in the making and results from several factors, including a lack of investment in new housing.

One one hand, every year removed from the pandemic of 2020 is a step toward normalcy, and, for the most part, business rolled on in 2023 — but the effects of that pivotal year still linger, through persistent challenges like inflation, workforce shortages, the deepening roots of remote work, and behavioral-health crises.

But other trends have emerged as well, from a harsher landscape for cannabis businesses to actual movement on east-west rail, to positive developments in downtown Springfield.

As 2024 dawns, undoubtedly bringing a new host of challenges and opportunities, BusinessWest presents its year in review: a look back at some of the stories and issues that shaped our lives, and will, in many cases, continue to do so.

 

The Housing Crisis Deepens

One of the more poignant stories of 2023 was a deepening housing crisis that is touching virtually every community in this region, the state, and many parts of the country.

“We got here over decades of underinvesting in housing production nationally, and not tuning that production to the needs and demographic changes of communities,” Keith Fairey, president and CEO of Springfield-based Way Finders, told BusinessWest in an interview this fall, adding that a resolution to this crisis won’t come quickly or easily, either.

“One of the things we have to do is make sure Massachusetts remains a competitive state for years to come. And one of the main indicators of whether you are competitive is ‘can people afford to live in this state?”

The major challenges involve not only creating more housing, because not much was built over the past few decades, but housing that fals into the ‘affordable’ category.

Indeed, state Rep. John Velis, a member of the Senate’s Housing Committee, said there are many side effects from the housing crisis, especially when it comes to the state’s ability to retain residents. “One of the things we have to do is make sure Massachusetts remains a competitive state for years to come. And one of the main indicators of whether you are competitive is ‘can people afford to live in this state?’”

 

Inflation and Interest Rates

The Fed was on a mission in 2023 — to tame inflation but without putting the country into recession, as it famously did in the ’80s. By and large, it was mission accomplished.

Indeed, the latest data on inflation showed a 3% increase over last year in November, a significant improvement on the numbers from late last year and early this year. Meanwhile, the country seems to have avoided a recession, with the economy expanding at a seasonally adjusted, annualized rate of 5.2% in the third quarter, after generating 2.2% annualized growth in the first quarter and 2.2% in the second quarter. In short, the economy actually accelerated, rather than slowing down, due to persistently strong consumer spending.

Efforts to stem inflation by raising interest rates were not without consequences, though, as the housing market cooled tremendously, if not historically. And commercial lending cooled as well, as many business owners took a wait-and-see approach with regard to where interest rates were headed.

 

New Challenges for Cannabis

Is the ‘green rush’ over for the cannabis industry in Massachusetts? If so, the Bay State is simply following the pattern of every other state that legalizes the drug.

According to that well-told story, the first dispensaries on the scene are bouyed by a favorable supply-and-demand equation — and long lines of customers. But as the market is flooded with competitors — not only locally, but from across state lines — not everyone survives, as a series of business closings this year demonstrates. In fact, according to the Cannabis Control Commission, 16 licenses in Massachusetts have been surrendered, not been renewed, or been revoked by the agency.

The heightened competition has caused retail prices to plummet for an industry already beset by profit-margin challenges. Unfavorable federal tax laws surrounding the growth, production, and sale of cannabis, coupled with local and state tax obligations and continued federal roadblocks to financing, transport, and other aspects of business have made it increasingly difficult to turn a profit. On the latter issue, federal decriminalization would ease the challenges somewhat, but progress there has been frustratingly slow.

Steven Weiss, shareholder at Shatz, Schwartz and Fentin

Steven Weiss, shareholder at Shatz, Schwartz and Fentin, says he’s surprised lawmakers haven’t moved more quickly toward decriminalizing cannabis on the federal level.

Workforce Challenges Continue

While many businesses and institutions, including the region’s hospitals, reported some progress in 2023 when it comes to attracting and retaining talent, workforce issues persisted in many sectors, especially hospitality.

Indeed, across the region, many restaurants have been forced to reduce the number of days they are open, and some banquet facilities have been limiting capacity due to challenges with securing adequate levels of staff.

Those are some of the visible manifestations of a workforce crisis that started during the pandemic and has lingered for a variety of reasons, from the retirement of Baby Boomers to an apparent lack of willingness to accept lower-wage positions in service businesses.

The ongoing crisis has led to stiff battles for help in certain sectors, including manufacturing, the building trades, engineering, and healthcare, among others, resulting in higher wages, more benefits, and greater flexibility when it comes to where and when people work, which brings us to another of the big stories in 2023…

 

Remote Work, Hybrid Schedules Gain More Traction

While some larger employers succeeded in bringing everyone back to the office in 2023, most have decided not to even try. Indeed, there was more evidence in 2023 that remote work and hybrid schedules have become a permanent part of the workplace landscape.

In interviews with employers large and small, a persistent theme on this topic has been the need to be flexible when it comes to schedules, and especially where people work. Many businesses, from banks to architecture firms to financial-services companies, have found that employees can be effective and productive working remotely, with many favoring a hybrid schedule that brings people to the office a few days a week. Such flexibility makes employees happier, they said, making it easier to attract and retain talent.

This pattern is causing some anxiety in the commercial office market amid speculation that companies will be seeking smaller spaces moving forward, but the full impact of the shift to remote work and hybrid schedules may not be known for years.

 

Movement on East-west Rail

This story might continue to inch down the tracks, so to speak, for years before the engine really starts moving, but after many years of debate, planning, and crunching the numbers, actual progress is emerging in the effort to connect Pittsfield with Boston by rail, with stops in Springfield, Palmer, and Worcester, among others.

“We can also make progress in breaking cycles of intergenerational poverty by helping residents complete their higher-education credentials so they can attain good jobs and build a career path.”

The big news this past fall was a federal grant of $108 million to Massachusetts for rail infrastructure upgrades, and Gov. Maura Healey also signed off on $12.5 million in DOT funding in the state’s FY 2024 budget toward the effort.

The additional east-west service would complement passenger trains now running north-south through Springfield’s Union Station, offering access to points from Greenfield to New Haven.

“The facts are simple: improving and expanding passenger rail service will have a tremendous impact on regional economies throughout Massachusetts,” U.S. Rep. Richard Neal said. “That is why we will continue to invest in a project whose framework has the potential to serve as a model for expanding passenger rail service across the country.”

 

Free Community College

Almost 2 million Massachusetts residents are over age 25 without a college degree. MassReconnect aims to change that, by offering free tuition and fees — as well as an allowance for books and supplies — at any of Massachusetts’ community colleges for residents over age 25.

Gov. Maura Healey pitched it as a strategy to generate more young, skilled talent in the workplace at a time when businesses are struggling to recruit and retain employees (more on that later). “We can also make progress in breaking cycles of intergenerational poverty by helping residents complete their higher-education credentials so they can attain good jobs and build a career path,” she added.

New HCC President George Timmons

New HCC President George Timmons says “community colleges are, to me, a great pathway to a better life.”

Holyoke Community College President George Timmons called the initiative “an exciting moment for HCC and all Massachusetts community colleges,” adding that “MassReconnect will enable our community colleges to do more of what we do best, which is serve students from all ages and all backgrounds and provide them with an exceptional education that leads to employment and, ultimately, a stronger economy and thriving region.”

 

New Higher-education Leadership

Speaking of Timmons, he was among the new presidents at the region’s colleges and universities, taking the the reins from Christina Royal, who had been at HCC since January 2017. Timmons was previously provost and senior vice president of Academic and Student Affairs at Columbia Greene Community College in Hudson, N.Y.

Meanwhile, Danielle Ren Holley, a noted legal educator and social-justice scholar, became the first Black woman in the 186-year history of Mount Holyoke College to serve as permanent president. Since 2014, Holley had served as dean and professor of Law at Howard University School of Law.

And at UMass Amherst, Chancellor Kumble Subbaswamy stepped down after 11 years leading the university, to be succeeded by Javier Reyes, who had been serving as interim chancellor at the University of Illinois Chicago.

“You’re not coming in to repair something, but to build on the shoulders of giants — and that is a very attractive opportunity,” Reyes said. “You’re not trying to catch up; you’re really trying to move and set the direction and be a forward leader. It comes with more pressure, but it’s more exciting.”

 

Thunderous Impact for the T-Birds

The Springfield Thunderbirds released the results of an economic-impact study conducted by the UMass Donahue Institute that shows the team’s operations have generated $126 million for the local economy since 2017.

The study included an analysis of team operations data, MassMutual Center concessions figures, a survey of more than 2,000 T-Birds patrons, and interviews with local business owners and other local stakeholders. Among its findings, the study shows that the T-Birds created $76 million in cumulative personal income throughout the region and contributed $10 million to state and local taxes.

The impact on downtown Springfield businesses is especially profound. Seventy-eight percent of T-Birds fans spend money on something other than hockey when they go to a game, including 68% who are patronizing a bar, restaurant, or MGM Springfield. The study also found that median spending by fans outside the arena is $40 per person on game nights and that every dollar of T-Birds’ revenue is estimated to yield $4.09 of additional economic activity in the Pioneer Valley. Meanwhile, since the team’s inaugural season, it has doubled the number of jobs created from 112 in 2017 to 236 in 2023.

 

Big Y Opens Downtown

In fact, despite the speed bump posed by the pandemic, downtown Springfield seems to have some momentum again. One of the more intriguing stories of 2023 was the opening during the summer of a scaled-down Big Y supermarket on the ground floor of Tower Square.

The new Big Y Express

The new Big Y Express represents an imaginative use of ARPA funds, addresses a food desert, and contributes to momentum in downtown Springfield.

The development was noteworthy for several reasons. First, it continued the reimagination of Tower Square, which now boasts the Greater Springfield YMCA, White Lion Brewing, two colleges, and other institutions. It also brings a supermarket to what had been a food desert. And it represents an imaginative, community-building use of ARPA funds.

The store opened its doors in June to considerable fanfare, and early results have been solid, with the store becoming a welcome addition to the downtown landscape. Combined with the Thunderbirds’ success, some of MGM Springfield’s strongest revenue months, and the ongoing residential development at the former Court Square Hotel, there’s a lot to be excited about.

 

New Home Sought for ‘Sick Courthouse’

Not all downtown news emerged from a positive place. Another developing story in 2023 was the ongoing work to secure a replacement for the Roderick Ireland Courthouse on State Street in Springfield, whose dilapidated conditions have been under scrutiny for years and have earned it the nickname the ‘sick courthouse,’ because many who have worked there have contracted various illnesses.

Gov. Maura Healey has called for investing $106 million over a five-year period to construct a new justice center in Springfield, and in November, the Healey administration issued an official request for proposals involving a least two developable acres on which to build a new courthouse. Proposals are due Jan. 31.

While redevelopment of the current site remains an option, Springfield officials are intrigued by the possibility of building not only a new courthouse, but also redeveloping the current site, which is right off I-91 in the heart of downtown.

 

Weather Challenges for Farmers

It’s called the Natural Disaster Recovery Program for Agriculture, and it exists because Mother Nature hit Massachusetts — in particular, its farmers — hard in 2023.

The state program provides financial assistance to farmers who suffered crop losses as a result of any of three natural disasters: the Feb. 3-5 deep freeze that impacted a large amount of peach and stone-fruit production, the May 17-18 frost that impacted a large amount of apple production and vineyards, and the July 9-16 rainfall and flooding that impacted a large amount of vegetable crops, field crops, and hay and forage crops.

But the government wasn’t alone in the effort to help farmers sustain this triple body blow. Area banks and other oranizations created funds, as did philanthropist Harold Grinspoon — a long-time and notable advocate for farmers through his foundation’s Local Farmer Awards — swiftly pledged $50,000 toward flood-relief efforts following the July rains, distributing checks to 50 farmers impacted by the floods.

 

Behavioral Health at the Forefront

In August, Baystate Health and Lifepoint Health celebrated the opening of Valley Springs Behavioral Health Hospital, a 122,000-square-foot, four-story facility in Holyoke featuring 150 private and semi-private rooms for inpatient behavioral healthcare for adults and adolescents.

It’s yet another development — the opening of MiraVista Behavioral Health Center in Holyoke in 2021 was another one — that aims to fill an access gap in behavioral health, at a time when the mental-health and addiction needs remain high. The pandemic caused a spike in both, the effects of which are still being felt today.

Dr. Mark Keroack, president and CEO of Baystate Health, said Valley Springs increases the inpatient behavioral-health capacity in the region by 50%. “Until now, about 30% of behavioral-health patients needing care would have to go outside the region. Valley Springs Behavioral Health Hospital will allow us to provide top-quality care for more patients right here in Western Massachusetts.”

 

Holyoke Celebrates Its 150th

One of the more fun stories of 2023 was Holyoke’s year-long 150th-anniversary celebration. BusinessWest printed a special edition in March to coincide with the St. Patrick’s Day parade, which included stories and photos that celebrated the past and present, while speculating on the future. The many interviews captured the unique essence and character of Holyoke, a close-knit community with a proud history and many traditions.

“There’s been a lot of change over the years, but what hasn’t changed is the spirit of the people,” Jim Sullivan, president of the O’Connell Companies and a Holyoke native, said. “There is a very proud heritage in Holyoke, and it still exists today.”

Said Gary Rome, another native of the Paper City and owner of Gary Rome Auto Group, “there’s a saying … as Holyokers, we can talk bad about Holyoke, but you can’t talk bad about Holyoke.”

Autos Special Coverage

Keep on Truckin’

Ben Sullivan, seen here beside the Chevy Silverado ZR2

Ben Sullivan, seen here beside the Chevy Silverado ZR2 he’s now driving, says demand for trucks is up across the board, especially in the compact category.

Before relocating to the 413 and a job with Balise Motor Sales, Ben Sullivan lived in Texas for 15 years.

In the Lone Star State, he said, one of every four vehicles sold is a half-ton pickup or larger. There, parking lots and parking garages are designed specifically to accommodate large pickups, with wide-open spaces and yellow lines that are farther apart. Pickups, he said, are part of the culture.

“Here, people drive diesel, heavy-duty trucks because they’re pulling a landscape trailer behind them or they’re going to a construction site,” said Sullivan, chief operating officer at Balise. “In Texas, people drive them because they want to look cool.”

Western Mass., and much of the rest of the country, is a long way from Texas — at least when it comes to pickups — but there is considerable movement in that direction, he said, adding that pickups are becoming increasingly popular with just about all age groups, and especially young people.

And part of the reason why is the wide range of options now on the market — from large trucks to the mid-range, half-ton offerings, to a growing number of smaller, modestly priced trucks that are especially popular with active, outdoor-loving young people.

These include Ford’s Maverick, which came out in 2022. This is a compact truck that seats five, boasts hybrid power, and has an XL trim with a base sticker price of $23,400, but also offers a Lariat model with leather seats.

“When you look at the truck market, there’s work trucks, there’s people who need them for towing boats, you have people who use them for leisure activities, and then, you have people who drive them for lifestyle — ‘I like the look of a truck.’”

That makes this an attractive option for people who don’t necessarily want to tow a boat or trailer and don’t work in construction, but do want everything else a pickup can provide, said Mike Marcotte, president of Holyoke-based Marcotte Ford.

“It’s been doing really well since it came out,” he said, adding that it’s become a solid option for many constituencies. “It’s popular with people right out of college, but also with contractors who want a vehicle they can go out and quote with, or people who may not need the size of F-150; it has the capability for multiple purposes.”

Marcotte said he’s selling a lot of Mavericks, but also a number of Rangers (another smaller truck) and F-150s, the ever-popular half-ton truck; the larger 250s and 350s; and even the Lightning, the all-electric version of the F-150, as well. With inventories improving, sales have been strong across the board.

Sullivan, whose company, Balise, sells several different nameplates, concurred, noting that there are a number of increasingly popular truck models on the market, with standard bearers Ford, Chevy, and Ram leading the way, but many others also doing well in this space, including Hyundai, Toyota, and Honda, especially with the smaller models.

Many of these ‘compact’ offerings now come with the descriptive phrase ‘adventure truck’ attached to them, said Sullivan, adding that, when these vehicles are on area lots, they’re usually not there for long.

In many ways, the current scene is reminiscent of the early and mid-’80s, when the market was flooded with smaller truck models.

“There were little trucks everywhere,” he said of those days. “Cheap little trucks, get-around trucks were very, very popular back then, and we’re seeing a return to those times; these smaller trucks are getting a lot of interest from young people.”

Mike Marcotte says Ford’s Maverick, a smaller truck

Mike Marcotte says Ford’s Maverick, a smaller truck, has been a hot seller, but there is demand for trucks in every category.

There are some differences between now and then, though, especially when it comes to accessibility. Indeed, while some makes and models are readily available — Marcotte said he has more than 150 trucks on his lot — others are not.

Indeed, Rob Pion, president of Bob Pion Buick GMAC, said he’s on his fourth year of struggles with truck inventory, especially the larger models needed by contractors and snow plowers, and especially toward year-end, when their accountants are urging them to make such purchases to take advantage of tax incentives, rather than in the new year.

“I have inventory, but not the right inventory,” he said, noting that he has several half-ton models, such as the Sierra 1500, on the lot. These are not what most of his contractor and snow-plowing customers are looking for. Meanwhile, what he does have is generally vanilla when most of his customers want something specific.

He said the market for the 1500 is somewhat soft at the moment, with those vehicles being “more of a want than a need.” Meanwhile, GM continues to struggle to supply him with the trucks for which there is a need, such as the larger 2500s and 3500s.

For this issue and its focus on auto sales, BusinessWest takes an in-depth look at the burgeoning truck market and what will happen down the road, as they say.

 

Bedding Down

Sullivan isn’t a dealer, per se, but like most executives in the auto-sales business, he takes full advantage of an industry perk — driving some of the latest models with dealer plates attached.

He has a hard and fast rule that he follows, though: “I drive what doesn’t sell,” he said, noting that he’s not going to hamstring any of the GMs at Balise by driving a vehicle that is in demand and could be easily sold.

So right now, he’s driving a white Chevy Silverado ZR2, which is, as they say in this business, fully loaded.

“It has the 6.2-liter engine, the big tires, the big wheels — it gets up and goes,” he said, adding that the price tag is roughly $80,000, which, in these days of higher interest rates and less-readily-available incentives, helps explain why it had been in inventory for more than six months at Balise’s Chevy story in Rhode Island and became a prime candidate for his next ride.

But while this particular Silverado wasn’t moving off the lot, trucks in many different categories (especially the smaller trucks) and across most makes and models are.

That’s because the manufacturers are making models that are, in some cases, affordable, versatile, comfortable, and fun to drive.

Rob Pion

Rob Pion says demand for trucks is growing, but there are still issues with availability.

All those adjectives apply to several Ford models, said Marcotte, adding that he’s enjoying robust sales of the Maverick, the Ranger, the F-150, and most other truck lines put out by Ford, which has been the top seller of trucks for 46 years running, he said — and, with just a few days left in 2023, appears to be headed for a 47th.

Sullivan agreed, noting that, while soaring interest rates and higher price tags — several higher-end models now go for $100,000 or more — have slowed some segments of the market, pickup sales are still strong across the board.

“When you look at the truck market, there’s work trucks, there’s people who need them for towing boats, you have people who use them for leisure activities, and then, you have people who drive them for lifestyle — ‘I like the look of a truck,’” he said, adding that all these elements are fueling sales.

Marcotte agreed. “Trucks are more versatile now — you can use them for multi-purposes,” he said. “You can use them for casual driving or also for work; the F-150 drives like a car these days.”

Meanwhile, many of the incentives that made trucks a ‘value play,’ as he called it, such as low lease rates, attractive financing offers, and more, are coming back — slowly — and availability is improving as well.

Perhaps the biggest growth in this segment is in the mid-size and smaller categories, he went on, adding that these are for people who don’t necessarily use a truck for work or towing, but for adventures and “utilitarian use.”

“They don’t need the big platform and the big motors,” he said, adding that there are many models now in the mid-size category — the Tacoma, Chevy’s Colorado, GMC’s Canyon, Nissan’s Frontier, Ford’s Ranger, and others.

And there is perhaps even more growth in what he called the “compact truck” segment — trucks built essentially on a car platform — with models like the Maverick, the Hyundai Santa Cruz, the Honda Ridgeline, and others, said both Sullivan and Marcotte.

“Those Mavericks sell the day that they land. It’s a small truck, it’s got a hybrid powertrain in it, it can carry stuff in the back, but it’s less expensive, it gets better gas mileage, and it rides better,” Sullivan noted, adding that the same things can be said of other trucks in this category; indeed, there is a lengthy waiting list for Santa Cruzes at Balise’s Hyundai store. “These trucks are a good value play, they’re not overly expensive, they’re good-looking … and there are a lot of young people who like all that they have to offer.”

And given the popularity of this segment, there will certainly be more of them in the future, said Sullivan, adding that Toyota is expected to come out with a smaller truck soon, and other makers will likely follow.

Meanwhile, with the larger trucks, there are still some lingering supply issues, said those we spoke with, citing everything from supply-chain issues — yes, still — to the recent UAW strikes.

For Pion, inventory has been a long-standing problem. He told BusinessWest that, if a customer isn’t too specific with their needs, he can probably find them something on the lot or order it, but the narrower the request, the more difficult it gets.

“If someone’s willing to work with you and just wants a 1500 pickup, you can probably find something,” he said. “But if they want something specific, like a Sierra Denali with a specific motor and a specific package, that can be very difficult to get, still.”

This environment has created great demand — and higher prices — for used trucks, he said, adding that “the value on a used one is almost as much as brand-new one because you can’t find a new one.”

With Ford, availability has greatly improved over the past year or so, said Marcotte, noting that they are, by and large, back to pre-pandemic levels. The recent UAW strikes certainly threw a scare into all dealers, he added, but production seems to already be back to what would be considered normal, meaning there are trucks being delivered regularly.

 

Towing the Line

Referencing the long-standing ‘truck war’ between Ford and Chevy — with Ram a close third — Sullivan said those hostilities took on much quieter tones during the pandemic and its aftermath as availability became a lingering issue.

“During COVID, there was no reason for a pickup-truck war; every truck that they could make — and they could only make some percentage of what they used to make — was sold before it hit the lot,” he said, adding that, as availability improves and the portfolio of in-demand models increases, the truck wars will heat up again.

And that’s only one aspect of a developing story in the truck market, one with some ongoing shifts and movement to a higher gear when it comes to overall interest and the laws of supply and demand.

Western Mass. probably won’t ever be like Texas when it comes to pickups, but there is movement in that direction.

 

Insurance Special Coverage

Shelter from the Storm

Beth Pearson (left, with Alex Bennett) says a dog bite (not from this good boy, of course) could leave a homeowner without proper coverage in a bad spot for a long time.

Beth Pearson loves dogs as much as anyone else.

Working in the insurance world, she also knows people can be careless.

“If you have a dog, and that dog bites a dog walker or bites a child, if you’re sued, that’s a catastrophic impact that can affect your life for a very, very long time,” she said. “Or let’s say a teenage driver gets behind the wheel while impaired, and an accident ensues.”

In situations like this, she added, “I always say one thing: ‘I hope you have an umbrella policy.’ It’s that important.”

An umbrella policy, as its name suggests, essentially sits atop existing auto, home, or commercial insurance policies to deliver an additional layer of protection, especially against catastrophic liability loss, noted Pearson, president of Pearson Wallace Insurance in Amherst and Pittsfield.

Alex Bennett, vice president of Business Development at Pearson Wallace, suggested another example: an inground swimming pool.

“The neighbor’s child comes over, hops the fence, jumps in the pool, and even though he’s not permitted to get on your property, the owner can still be essentially responsible for the death — or responsible for someone who’s badly injured from a diving board, a slide, or any sort of pool-related incident on your premises.”

In short, personal liability coverage of $500,000 or $1 million is simply not enough when real tragedy — accompanied by soaring liability — strikes, said Nathan Lee, a Commercial Lines producer at Rush Insurance Group in Chicopee.

“We live in a litigious environment these days,” he noted. “One million does not go nearly as far as it did five or 10 years ago. It’s not a lot of money these days.”

Bennett said agents on his team look at the property and unique situations of each client and make recommendations based on their general net worth and the specific exposures they might have.

“You have to consider the potential impact of what could happen in a life-changing event, in a lawsuit, when you find yourself in a hole for something that insurance could have protected against.”

“Things can happen to anyone. If someone broke into your house and fell down the stairs, they can sue you,” he said, citing what most people would consider a particularly unfair example of liability. “You have to consider the potential impact of what could happen in a life-changing event, in a lawsuit, when you find yourself in a hole for something that insurance could have protected against.”

Perhaps the most compelling aspect of an umbrella policy is its cost — maybe $300 to $400 per year for $1 million in coverage, with additional layers of coverage available beyond that, typically in increments of $1 million.

“In its most basic form, an umbrella policy is an additional layer of liability insurance,” Lee said. “It’s additional layers above and beyond the primary, underlying policy, and its intent is to protect against catastrophic losses that exhaust that primary policy’s limits.

“If I have, say, $1 million in underlying protection, general liability, and I have an accidental death in an auto claim that comes to be a judgment of $3 million, that would exhaust the primary underlying policy, and I would look for that $2 million above and beyond that. The umbrella policy is really just an additional layer of liability.”

 

Know the Difference

On the commercial side, Lee said, there’s a difference between an umbrella policy and what’s known as an excess insurance policy. Essentially, excess policies provide coverage only when the underlying policy responds to a particular situation, like major injuries or death. Umbrella insurance, on the other hand, does expand terms and provides broader coverage for losses not outlined in the underlying policy. It also covers legal defense costs.

Nathan Lee

Nathan Lee says he recommends umbrella insurance to “absolutely everyone.”

“An umbrella policy is much broader, more comprehensive, and frankly, we don’t see it a lot in the commercial space,” he explained. “Excess liability policies are more common in the high-hazard businesses, like fuel dealers and aircraft machine shops.”

But it’s the unexpected nature of life that should cause all business owners to consider umbrella insurance, Pearson said.

“We know that the cost of insurance is expensive and continues to rise every year. But not having the umbrella is one of the major liabilities of running a business,” she added. “A commercial umbrella gives you excess coverage over the general liability limits, the auto limits, as well as workers’ compensation. If someone is gravely injured by a machine and the underlying workers’ comp is a million dollars, but this person is dismembered for life, it’s important for the umbrella to be in place to reach down and provide an additional million to the liability.”

Lee stressed that he recommends such a policy to “absolutely everyone.”

“It’s really the broker’s job to examine the historical claims of the individual, see where the trends are, and build a program that’s priced conscientiously to the customer around how much excess umbrella they can afford and what they need,” he told BusinessWest. “We make recommendations to the customer — they make their own decisions, but it’s up to us to recommend the overall program.”

Clients can also purchase multiple layers of umbrella insurance, each carrying a less costly premium than the one below it. The key is to make sure the underlying policy limit is high enough to trigger the umbrella with no gap in coverage.

“If the umbrella policy says they need an underlying limit of $1 million and you only have a half-million dollars, it may not respond because of that half-million gap,” Lee said. “In some instances, you can pay that half-million gap personally, but those are very critical components when building a program.”

On the personal-lines side, an umbrella policy sits on top of primary home insurance, primary auto insurance, or other underlying policies, Pearson noted.

“It doesn’t matter whether it’s a small businesses with few employees or an employer with 100 people. Businesses are not exempt from accidents. This can provide coverage against losing everything.”

“Say, for example, you have a car accident and someone is seriously injured in your vehicle and loses a limb or some other body part, and you’re brought into a lawsuit for medical expenses well as any liability issues. If another person is injured and can’t go back to work or has a long-term disability, your auto insurance becomes exhausted in situations like that. The umbrella comes down and covers costs above and beyond those limits, and defense costs as well.”

She agreed with Lee that $500,000 or even $1 million in primary coverage can disappear quickly in a catastrophic event. “When those become exhausted and completely paid out, the umbrella gives additional coverage if they need it.”

Most people, Bennett added, “can’t afford not to have one. It starts at $1 million, but it can go as high as $25 million or $50 million.”

Those numbers may seem exorbitant, he added, but clients should consider what they’re putting at risk without one, especially considering the reasonable cost of premiums.

“With the nature of our world and our country, you can’t have enough of it these days. I think of umbrella insurance as peace of mind and asset protection,” he said. “We look at the account holistically. We want to understand what the net worth is, and we want the umbrella to be equal to, or more than, the family’s net worth.

“God forbid something happens,” Bennett went on. “The question we never want to hear is, ‘why didn’t I have an umbrella policy, if there was a policy that could have covered me?’ In a death or a large lawsuit, all kinds of different things can come into play in a situation. You’ll sleep better at night knowing that you have protection.”

 

Critical Questions

In Massachusetts, most umbrella policies provide coverage for the policyholder and their immediate family members living in the same household, with some exceptions.

Meanwhile, on the commercial side, the nature of the business would impact the risk exposure and, hence, the level of coverage needed. While a $1 million umbrella might be fine for a storefront florist or clothing store, a business owner with a fleet of heavy trucks would likely need more.

In addition, the level of coverage should reflect not only one’s net worth, but future earning potential as well. A doctor who just graduated from medical school and plans a career in brain surgery might have little more than debt to show right now, but a lawsuit could put significant future earnings at risk.

The keys are to “make sure you have minimum underlying limits, and make sure that the excess umbrella policy responds. Those are critical,” Lee said. “And you really need to pay attention to whether it’s an umbrella policy or excess.”

Pearson said business owners of all kinds need to consider their exposure. While a new business might be trying to keep initial costs down, liability can rear its head at any time, and for often-unexpected reasons.

“It doesn’t matter whether it’s a small businesses with few employees or an employer with 100 people. Businesses are not exempt from accidents. This can provide coverage against losing everything,” she said.

“I’ve seen businesses have catastrophic events and not have an umbrella, and it’s a very tough situation to dig out of. This saves money because, even though you’re spending a little extra, you’re protected from the storms that may occur.”

Accounting and Tax Planning Special Coverage Wealth Management

Planning Is Key

By Kristina D. Houghton, CPA

 

Surprisingly, 2023 was a year with no tax-law changes. Congressional members of both parties introduced major tax policy legislation, but so far, most of those bills were partisan. For Congress to pass tax legislation, it will need to be the product of bipartisan compromise. Any tax-policy legislation should also adhere to core values of fostering domestic economic growth, providing support for workers and their families, and prioritizing fiscal responsibility.

Despite the lack of legislation, year-end is still the optimal time for tax planning. But you must be careful to avoid potential pitfalls along the way.

We have prepared the following 2023 year-end tax article divided into three sections:

• Individual Tax Planning;

• Business Tax Planning; and

• Financial Tax Planning.

Be aware that the concepts discussed in this article are intended to provide only a general overview of year-end tax planning. It is recommended that you review your personal situation with a tax professional.

“If you come out ahead by itemizing, you may want to accelerate certain deductible expenses into 2023.”

INDIVIDUAL TAX PLANNING

Itemized Deductions

When you file your personal 2023 tax return, you must choose between the standard deduction and itemized deductions. The standard deduction for 2023 is $13,850 for single filers and $27,700 for joint filers. (An additional $1,850 standard deduction is allowed for a taxpayer age 65 or older.)

YEAR-END MOVE: If you come out ahead by itemizing, you may want to accelerate certain deductible expenses into 2023. For example, consider the following possibilities:

• Donate cash or property to a qualified charitable organization.

• Pay deductible mortgage interest if it otherwise makes sense for your situation. Currently, this includes interest on acquisition debt of up to $750,000 for your principal residence and one other home, combined.

• Make state and local tax (SALT) payments up to the annual SALT deduction limit of $10,000.

 

Charitable Donations

The tax law allows you to deduct charitable donations within generous limits if you meet certain record-keeping requirements.

YEAR-END MOVE: Step up charitable gift giving before Jan. 1. As long as you make a donation in 2023, it is deductible in 2023, even if you charge it in 2023 and pay it in 2024.

• If you make monetary contributions, your deduction is limited to 60% of your adjusted gross income (AGI). Any excess above the 60%-of-AGI limit may be carried over for up to five years.

• If you donate appreciated property held longer than one year (i.e., it would qualify for long-term capital-gain treatment if sold), you can generally deduct an amount equal to the property’s fair market value (FMV) on the donation date, up to 30% of your AGI. But the deduction for short-term capital-gain property is limited to your initial cost.

 

Higher-education Credits

The tax law provides tax breaks to parents of children in college, subject to certain limits. This often includes a choice between one of two higher-education credits.

YEAR-END MOVE: When appropriate, pay qualified expenses for next semester by the end of this year. Generally, the costs will be eligible for a credit in 2023, even if the semester does not begin until 2024.

Typically, you can claim either the American Opportunity Tax Credit (AOTC) or the Lifetime Learning Credit (LLC), but not both. The maximum AOTC of $2,500 is available for qualified expenses for four years of study for each student, while the maximum $2,000 LLC is claimed on a per-family basis for all years of study. Thus, the AOTC is usually preferable to the LLC.

Both credits are phased out based on your modified adjusted gross income (MAGI). The phase-out for each credit occurs between $80,000 and $90,000 of MAGI for single filers and between $160,000 and $180,000 of MAGI for joint filers.

TIP: The list of qualified expenses includes tuition, books, fees, equipment, computers, etc., but not room and board.

 

Miscellaneous

• Install energy-saving devices at home that result in either of two residential credits. For example, you may be able to claim a credit for installing solar panels. Generally, each credit equals 30% of the cost of qualified expenses, subject to certain limits.

• Avoid an estimated tax penalty by qualifying for a safe-harbor exception. Generally, a penalty will not be imposed if you pay 90% of your current year’s tax liability or 100% of your prior year’s tax liability (110% if your AGI exceeded $150,000).

• Empty out flexible spending accounts for healthcare or dependent-care expenses if you will forfeit unused funds under the ‘use it or lose it’ rule. However, your employer’s plan may provide a carry-over to 2024 of up to $610 of unused funds or a two-and-a-half-month grace period.

 

BUSINESS TAX PLANNING

Depreciation-based Deductions

As the year draws to a close, a business may benefit from one or more of three depreciation-based tax breaks: the Section 179 deduction, first-year ‘bonus’ depreciation, and regular depreciation.

YEAR-END MOVE: Place qualified property in service before the end of the year. If your business does not start using the property before 2024, it is not eligible for these tax breaks.

Section 179 deduction: Under Section 179 of the tax code, a business may currently deduct the cost of qualified property placed in service during the year. The maximum annual deduction for 2023 is $1.16 million, provided your total purchases of property do not exceed $2.89 million.

Be aware that the Section 179 deduction cannot exceed the taxable income from all your business activities this year. This rule could limit your deduction for 2023.

First-year bonus depreciation: The first-year bonus depreciation applicable percentage for 2023 is 80% and is scheduled to drop to 60% in 2024.

 

Qualified Retirement Plans

The new SECURE 2.0 law includes a number of provisions affecting employers with qualified retirement plans.

YEAR-END MOVE: Position your business to maximize available tax benefits and avoid potential problems. Consider the following key changes of particular interest:

• For 401(k) plans adopted after 2024, an employer must provide automatic enrollment to employees. Certain small companies and startups are exempt.

• Beginning in 2023, employers with 50 or fewer employees can qualify for a credit equal to 100% of their contributions to a new retirement plan, up to $1,000 per employee, phased out over five years. The 100% credit is reduced for a business with 51 to 100 employees. This tax break is in addition to an enhanced credit for plan startup costs.

• Beginning in 2024, employers may automatically provide employees with emergency access to accounts of up to 3% of their salary, capped at $2,500.

• Beginning in 2024, an employer may elect to make matching contributions to an employee’s retirement-plan account based on student-loan obligations.

• The new law shortens the eligibility requirement for part-time workers from three years to two years, beginning in 2023, among other modifications.

• Any catch-up contributions to 401(k) plans must be made to Roth-type accounts for employees earning more than $145,000 a year (indexed for inflation).

TIP: This last provision was initially scheduled to take effect in 2024, but a new IRS ruling just delayed it for two years to 2026.

 

Employee Bonuses

Generally, employee bonuses are deductible in the year that they are paid. For instance, you must dole out bonuses before Jan. 1, 2024 to deduct those bonuses on your company’s 2023 return. However, there’s a special rule for accrual-basis companies. In this case, the bonuses are currently deductible if they are paid within two and a half months of the close of the tax year.

YEAR-END MOVE: If your company qualifies, determine bonus amounts before year-end. As a result, the bonuses can be deducted on the company’s 2023 return as long as they are paid by March 15, 2024. Keep detailed corporate minutes to support the deductions.

This special deduction rule does not apply to bonuses paid to majority shareholders of a C-corporation or certain owners of an S-corporation or a personal-service corporation.

TIP: Note that the bonuses are taxable to employees in the year in which they receive them — 2024. Thus, the employees benefit from tax deferral for a year even if the company claims a current deduction.

 

Miscellaneous

• Stock the shelves with routine supplies (especially if they are in high demand). If you buy the supplies in 2023, they are deductible this year even if they are not used until 2024.

• Maximize the qualified business interest deduction for pass-through entities and self-employed individuals. Note that special rules apply if you are in a ‘specified service trade or business.’ See your professional tax advisor for more details.

• If you buy a heavy-duty SUV or van for business, you may claim a first-year Section 179 deduction of up to $28,900. The luxury-car limits do not apply to certain heavy-duty vehicles.

 

FINANCIAL TAX PLANNING

Securities Sales

Traditionally, investors time sales of assets like securities at year-end to maximize tax advantages. For starters, capital gains and losses offset each other. If you show an excess loss for the year, you can then offset up to $3,000 of ordinary income before any remainder is carried over to the next year. Long-term capital gains from sales of securities owned longer than one year are taxed at a maximum rate of 15%, or 20% for high-income investors. Conversely, short-term capital gains are taxed at ordinary income rates reaching as high as 37% in 2023.

YEAR-END MOVE: Review your portfolio. Depending on your situation, you may want to harvest capital losses to offset gains, especially high-taxed short-term gains, or realize capital gains that will be partially or wholly absorbed by losses.

Be aware of even more favorable tax treatment for certain long-term capital gains. Notably, a 0% rate applies to taxpayers below certain income levels, such as young children. Furthermore, some taxpayers who ultimately pay ordinary income tax at higher rates due to their investments may qualify for the 0% tax rate on a portion of their long-term capital gains.

However, watch out for the ‘wash sale rule.’ If you sell securities at a loss and reacquire substantially identical securities within 30 days of the sale, the tax loss is disallowed. A simple way to avoid this adverse result is to wait at least 31 days to reacquire substantially identical securities.

Note that a disallowed loss increases your basis for the securities you acquire and could reduce taxable gain on a future sale.

 

Net Investment Income Tax

When you review your portfolio, do not forget to account for the 3.8% net investment income tax, which applies to the lesser of net investment income (NII) or the amount by which MAGI for the year exceeds $200,000 for single filers or $250,000 for joint filers. (These thresholds are not indexed for inflation.)

The definition of NII includes interest, dividends, capital gains, and income from passive activities, but not Social Security benefits, tax-exempt interest, and distributions from qualified retirement plans and IRAs.

You may consider investing in municipal bonds (‘munis’). The interest income generated by munis does not count as NII, nor is it included in the MAGI calculation. Similarly, if you turn a passive activity into an active business, the resulting income may be exempt from the NII tax.

TIP: When you add the NII tax to your regular tax, you could be paying an effective 40.8% tax rate at the federal level alone. Factor this into your investment decisions.

 

Required Minimum Distributions

For starters, you must begin ‘required minimum distributions’ (RMDs) from qualified retirement plans and IRAs after reaching a specified age. After the SECURE Act raised the age threshold from 70½ to 72, SECURE 2.0 bumped it up again to 73 beginning in 2023 (scheduled to increase to 75 in 2033). The amount of the RMD is based on IRS life-expectancy tables and your account balance at the end of last year.

YEAR-END MOVE: Assess your obligations. If you can postpone RMDs still longer, you can continue to benefit from tax-deferred growth. Otherwise, make arrangements to receive RMDs before Jan. 1, 2024 to avoid any penalties.

Conversely, if you are still working and do not own 5% or more of a business with a qualified plan, you can postpone RMDs from that plan until your retirement. This ‘still-working exception’ does not apply to RMDs from IRAs or qualified plans of other employers.

Previously, the penalty for failing to take timely RMDs was equal to 50% of the shortfall. SECURE 2.0 reduces it to 25% beginning in 2023 (10% if corrected in a timely fashion).

TIP: Under the initial SECURE Act, you are generally required to take RMDs from recently inherited accounts over a 10-year period (although previous inheritances are exempted). These rules are complex, so consult with your tax advisor regarding your situation.

 

Estate and Gift Taxes

During the last decade, the unified estate- and gift-tax exclusion has gradually increased, while the top estate rate has not budged. For example, the exclusion for 2023 is $12.92 million, the highest it has ever been. (It is scheduled to revert to $5 million, plus inflation indexing, after 2025.)

YEAR-END MOVE: Reflect this generous tax-law provision in your overall estate plan. For instance, your plan may involve various techniques, including bypass trusts, that maximize the benefits of the estate- and gift-tax exemption.

In addition, you can give gifts to family members that qualify for the annual gift-tax exclusion. For 2023, there is no gift-tax liability on gifts of up to $17,000 per recipient (up from $16,000 in 2022). You do not even have to file a gift-tax return. Moreover, the limit is doubled to $34,000 for joint gifts by a married couple, but a gift-tax return is required in that case.

TIP: You may ‘double up’ again by giving gifts in both December and January that qualify for the annual gift-tax exclusion for 2023 and 2024, respectively.

 

Miscellaneous

• Contribute up to $22,500 to a 401(k) in 2023 ($30,000 if you are age 50 or older). If you clear the 2023 Social Security wage base of $160,200 and promptly allocate the payroll tax savings to a 401(k), you can increase your deferral without any further reduction in your take-home pay. Note that SECURE 2.0 further enhances catch-up contributions for older employees after 2023.

• If you rent out your vacation home, keep your personal use within the tax-law boundaries. No loss is allowed if personal use exceeds the greater of 14 days or 10% of the rental period.

• Consider a qualified charitable distribution (QCD). If you are age 70½ or older, you can transfer up to $100,000 of IRA funds directly to charity, free of tax (but not deductible). SECURE 2.0 authorizes a one-time transfer of up to $50,000 to a charitable remainder trust or charitable gift annuity as part of a QCD.

 

CONCLUSION

This year-end tax-planning article is based on the prevailing federal tax laws, rules, and regulations. Of course, it is subject to change, especially if additional tax legislation is enacted by Congress before the end of the year.

Finally, remember that this article is intended to serve only as a general guideline. Your personal circumstances will likely require careful examination.

 

Kristina D. Houghton, CPA is a partner at the Holyoke-based accounting firm Meyers Brothers Kalicka, P.C.