New York local news tax credit would benefit nonprofits and exclude Gannett

New York will become the first state to offer a tax credit aimed at helping local news organizations. According to Rebuild Local News, which has been pushing for several different tax credits at the federal and state levels, the New York legislature and Gov. Kathy Hochul have agreed to a budget provision that will set aside $30 million a year for three years in order to offset the cost of hiring and retaining journalists.

Although the plan is multi-faceted, there are two aspects that I think are especially worthy of note.

The first is that calling it a “tax credit” is something of a misnomer — rather, it’s a payroll credit available to all news publishers, including nonprofits, which don’t pay taxes, and for-profits operating at a loss, which are also exempt from taxes under most circumstances. Zachary Richner, the founder of the 200-member Empire State Local News Coalition, explained that in a recent appearance on “E&P Reports,” a vodcast hosted by Mike Blinder, publisher of the trade publication Editor & Publisher. Given the importance of nonprofit startups in helping to solve the local news crisis, it makes sense to include them.

The second is that newspapers owned by publicly traded corporations are ineligible for assistance. That would exclude Gannett, the country’s largest newspaper chain, which is notorious for its slash-and-burn approach to managing its newsrooms. According to the chain’s website, Gannett currently owns 12 daily newspapers in New York, including well-known titles such as the Democrat and Chronicle of Rochester and the Times Herald-Record of Middletown.

Gannett shouldn’t be rewarded for destroying newspapers, but the provision does lead to some anomalies. For instance, Alden Global Capital, which, like Gannett, is notorious for driving up profits by hollowing out its newspapers, would presumably be eligible for assistance because it is a privately held hedge fund rather than a public company. On Twitter/X, I asked Steven Waldman, the president of Rebuild Local News, whether Alden would be able to put its hands on some state money. His answer: “Yes. I think so.”

Alden’s MediaNews Group chain owns four dailies in New York, including The Record of Troy, and The Saratogian. Alden also owns New York City’s legendary Daily News, which is listed as being part of MediaNews but which I understand is managed separately.

If I might speculate, it could be that there are several privately held chain owners in New York that are doing good work and that proponents of the credit didn’t want to exclude them. The largest privately held national chain doing business in New York is Hearst, whose Times Union of Albany is a well-regarded paper (but is not part of the Empire State coalition). In any case, even if Alden’s papers get some of the money, it provides an incentive for them to do the right thing.

Some other details of interest, quoting Rebuild Local News:

  • No newsroom can get more than $320,000.
  • The subsidy to newsrooms will be based on the number of  employees. The benefit will be up to $25,000 per employee (50% of the salary  up to a $50,000 wage.)
  • $13 million for firms with fewer than 100 employees, $13 million for bigger ones, $4 million for new hires.

As I said up top, there have been a number of tax credits proposed to help local news outlets over the past few years. The best known, the Local Journalism Sustainability Act, would have created credits not just for publishers but also for subscribers and advertisers. President Biden included a credit for publishers in his Build Back Better bill, which died at the end of 2021.

The question, as always, is whether government assistance to local news is a good idea. U.S. Rep. Claudia Tenney, R-N.Y., recently filed legislation to defund NPR in response to former senior editor Uri Berliner’s error-filled lament that the network has fallen in with the progressive left. Tenney, as it happens, is a lead sponsor of the Community News and Small Business Support Act, a bipartisan bill that would create tax credits for local publishers and advertisers.

Mike Blinder raised the issue of government interference with Richner and Waldman, who was also a guest on Blinder’s recent podcast. They responded, essentially, that the New York tax credit was worded in a neutral manner so that news organizations could not be punished for their specific content.

I agree that tax credits are about as neutral and arm’s-length as you can get in insulating journalism from government pressure. But it’s always going to be a challenge. Given that the New York credit expires after three years, you can be sure there will be a debate over whether to renew it as the expiration date approaches. That, in turn, will give politicians an opportunity to redefine eligibility requirements — and there’s always a possibility that some assessment of content might be part of that.

Still, the New York system seems like an experiment worth trying, and I’d like to see it spread to other states.

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A new bill would boost local news with tax credits for advertisers and publishers

The U.S. Capitol. Photo (cc) 2013 by Mark Fischer.

I’ve written quite a bit here about the possibility of government assistance for local news. Though it’s not an idea I’m enthusiastic about, I think the indirect assistance laid out in the Local Journalism Sustainability Act is worth trying. The LJSA, which would provide tax credits for subscribers (or donors), advertisers and publishers, died at the end of the last congressional session despite having some bipartisan support.

Now a new, similar measure has surfaced. The Community News and Small Business Support Act would create five years’ worth of tax credits for advertisers and publishers, but not for subscribers. The bill is being sponsored by Rep. Claudia Tenney, R-N.Y., and co-sponsored by Suzan DelBene, D-Wash. The trade publication Editor & Publisher has gone all out in covering the story, and I emailed a few of my thoughts to E&P’s Gretchen Peck.

As I told Peck, the new bill, like the LJSA, is worth supporting for two reasons: the tax credits are indirect enough not to interfere with the independence that news organizations need to hold government to account; and the publishers’ tax credit for hiring and retaining journalists gives even the giant chain owners like Gannett and Alden Global Capital some incentive to do the right thing.

That said, it’s hard to imagine the bill emerging intact from a House that just this week featured Rep. Marjorie Taylor Greene waving around revenge porn starring Hunter Biden and Robert F. Kennedy Jr., indulged by the Republican leadership, denying that he made the antisemitic and racist comments we had all heard him make.

Steven Waldman, president of the Rebuild Local News coalition, has written an op-ed for E&P endorsing the Tenney-DelBene bill and hailing its emphasis on local news outlets and advertisers. “This will directly help the small businesses, many of which had to cut back on their marketing spending because of COVID and then inflation, to get customers in the doors,” Waldman writes. “It makes sense because saving local news should not be about saving journalism jobs per se. It should be about strengthening communities.”

The bill is also far better than the misguided Journalism Competition and Preservation Act, which would extract revenues from Google and Facebook as compensation for the news content they repurpose.

There is no substitute for news entrepreneurs on the ground, for-profit and nonprofit, doing the hard work of building sustainable local news organizations. But a little bit of indirect assistance from the government wouldn’t hurt.