NY Tax L § 21 (2021)
2021 New York Laws TAX - Tax Article 1 - Short Title; Definitions; Miscellaneous 21 - Brownfield Redevelopment Tax Credit.

* §  21. Brownfield redevelopment tax credit. (a) Allowance of credit. (1) General. A taxpayer subject  to  tax  under  article  nine,  nine-A, twenty-two  or  thirty-three  of  this chapter shall be allowed a credit against such tax, pursuant to the provisions referenced  in  subdivision (f)  of  this  section.  Such  credit shall be allowed with respect to a qualified site, as such term is defined in paragraph one of  subdivision (b) of this section. The amount of the credit in a taxable year shall be the  sum of the credit components specified in paragraphs two, three and four of this subdivision applicable in such year.  (2) Site preparation credit component.  The  site  preparation  credit component  shall  be  equal  to  the  applicable  percentage of the site preparation costs paid or incurred by the taxpayer  with  respect  to  a qualified  site.  The credit component amount so determined with respect to a site's qualification for  a  certificate  of  completion  shall  be allowed  for  the  taxable  year  in  which  the  effective  date of the certificate of completion occurs. The credit component amount determined other than with respect to such qualification shall be allowed  for  the taxable  year  in  which  the  improvement to which the applicable costs apply is placed in service for  up  to  five  taxable  years  after  the issuance of such certificate of completion.  (3) Tangible property credit component.  (i)  The  tangible  property  credit  component  shall be equal to the applicable percentage of the cost or other basis for federal income  tax purposes  of  tangible  personal  property  and other tangible property, including  buildings  and  structural  components  of  buildings,  which constitute qualified tangible property and may include any related party service  fee  paid; provided that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this  section  was allowable  to  another  taxpayer.  A  related party service fee shall be allowed  only  in  the  calculation  of  the  tangible  property  credit component  and  shall  not  be  allowed  in  the calculation of the site preparation credit component  or  the  on-site  groundwater  remediation credit  component. The portion of the tangible property credit component which is attributable to related party service  fees  shall  be  allowed only as follows: (A) in the taxable year in which the qualified tangible property  described in subparagraph (iii) of this paragraph is placed in service, for that portion of the related party service fees  which  have been earned and actually paid to the related party on or before the last day of such taxable year; and (B) with respect to any other taxable year for  which  the  tangible property credit component may be claimed under this subparagraph and in which the  amount  of  any  additional  related party  service  fees  are  actually  paid by the taxpayer to the related party, the tangible property credit component for such amount  shall  be allowed  in such taxable year. The credit component amount so determined shall be allowed for the taxable year in which such  qualified  tangible property  is first placed in service on a qualified site with respect to which a certificate of completion has been issued to  the  taxpayer,  or for the taxable year in which the certificate of completion is issued if the  qualified  tangible  property  is  placed  in  service prior to the issuance of the certificate of completion. This credit  component  shall only  be  allowed  for up to one hundred twenty months after the date of the issuance of such certificate of completion, provided, however,  that for qualified sites to which a certificate of completion is issued on or after March twentieth, two thousand ten, but prior to January first, two thousand twelve, the commissioner may extend the credit component for up to one hundred forty-four months after the date of such issuance, if the commissioner,  in  consultation  with  the commissioner of environmental  conservation, determines that the requirements for the credit would have been met if not for the  restrictions  related  to  the  state  disaster emergency  declared  pursuant  to  executive  order  202  of 2020 or any extension  thereof  or  subsequent executive order issued in response to the novel coronavirus (COVID-19) pandemic.  (ii) The tangible property credit  component  shall  be  allowed  with respect  to  property leased to a second party only if such second party is either (A) not a party responsible  for  the  disposal  of  hazardous waste  or the discharge of petroleum at the site according to applicable principles of  statutory  or  common  law  liability,  or  (B)  a  party responsible  according  to  applicable principles of statutory or common law liability if such party's liability arises solely from operation  of the  site subsequent to the disposal of hazardous waste or the discharge of petroleum, and is so certified by the commissioner  of  environmental conservation at the request of the taxpayer, pursuant to section 27-1419 of   the  environmental  conservation  law.  Notwithstanding  any  other provision of law to the contrary, in the case  of  allowance  of  credit under  this  section  to  such a lessor, the commissioner shall have the authority to reveal to such lessor any information, with respect to  the issue of qualified use of property by the lessee, which is the basis for the  denial  in  whole  or  in part, or for the recapture, of the credit claimed by such lessor. For purposes of  the  tangible  property  credit component   allowed   under  this  section  the  taxpayer  to  whom  the certificate of completion is issued, as provided for  under  subdivision five  of  section  27-1419  of  the  environmental conservation law, may transfer the benefits and burdens  of  the  certificate  of  completion, which  run  with  the  land and to the applicant's successors or assigns upon transfer or sale of all or any portion of an interest or estate  in the qualified site. However, the taxpayer to whom certificate's benefits and  burdens are transferred shall not include the cost of acquiring all or any portion of an interest or estate in  the  site  and  the  amounts included  in  the cost or other basis for federal income tax purposes of qualified tangible property already claimed  by  the  previous  taxpayer pursuant to this section.  (iii) The term "related party service fee" shall mean any fee or other monetary  compensation  earned  by  a  related party and calculated as a percentage of project and/or  acquisition  costs,  in  consideration  of services  rendered  to  or  for  the  benefit  of  the  taxpayer placing qualified  tangible  property  in  service  in   connection   with   the acquisition  and  development  of  such  property.  For purposes of this subparagraph, "related party" shall have the  same  meaning  as  related person  as defined in subparagraph (c) of paragraph three of subdivision (b) of section four hundred sixty-five of the internal revenue code.  (iv) Eligible costs for the tangible  property  credit  component  are limited  to  costs for tangible property that has a depreciable life for federal income tax purposes of fifteen years or more,  costs  associated with  demolition  and  excavation  on the site and the foundation of any buildings constructed as part of the site cover that  are  not  properly included  in  the  site  preparation component and costs associated with non-portable  equipment,   machinery   and   associated   fixtures   and appurtenances used exclusively on the site, whether or not such property has  a depreciable life for federal income tax purposes of fifteen years or more.  (v) With respect to any qualified site for  which  the  department  of environmental  conservation  has  issued  a notice to the taxpayer on or after July first, two thousand fifteen or the date of publication in the state register  of  proposed  regulations  defining  "underutilized"  as provided  in  subdivision thirty of section 27-1405 of the environmental  conservation law,  whichever  shall  be  later,  that  its  request  for participation has been accepted under subdivision six of section 27-1407 of  the environmental conservation law, and the site is eligible for the tangible  property  credit component because it is an affordable housing project  pursuant  to  subdivision  one-a  of  section  27-1407  of  the environmental  conservation  law,  the  portion  of eligible costs to be included in the calculation of the tangible  property  credit  component will  be  determined  by  multiplying  the total costs qualified for the tangible property credit component by a fraction, the numerator of which shall be the square footage of space of  the  affordable  housing  units dedicated to residential occupancy and the denominator of which shall be the total square footage of the building.  (3-a)  (A) Notwithstanding any other provision of law to the contrary, the tangible property credit component available for any qualified  site pursuant  to  paragraph  three  of  this  subdivision  shall  not exceed thirty-five million dollars or three times the sum of the costs included in the calculation of the site  preparation  credit  component  and  the on-site  groundwater  remediation  credit component under paragraphs two and four, respectively, of this subdivision, and the  costs  that  would have  been included in the calculation of such components if not treated as an expense and deducted pursuant to section one hundred  ninety-eight of  the  internal  revenue  code,  whichever is less; provided, however, that: (1) in the case of a qualified  site  to  be  used  primarily  for manufacturing   activities,   the  tangible  property  credit  component available for any qualified site pursuant to  paragraph  three  of  this subdivision shall not exceed forty-five million dollars or six times the sum  of  the  costs  included in the calculation of the site preparation credit  component  and  the  on-site  groundwater   remediation   credit component   under   paragraphs  two  and  four,  respectively,  of  this subdivision, and  the  costs  that  would  have  been  included  in  the calculation of such components if not treated as an expense and deducted pursuant  to  section  one  hundred ninety-eight of the internal revenue code, whichever is less; and (2) the provisions of this paragraph  shall not   apply   to   any  qualified  site  for  which  the  department  of environmental conservation has issued a notice to  the  taxpayer  before June twenty-third, two thousand eight that its request for participation has  been  accepted  under  subdivision  six  of  section 27-1407 of the environmental conservation law.  (B) For the  purposes  of  this  paragraph,  the  term  "manufacturing activities"  means the production of goods by manufacturing, processing, assembling,  refining,   mining,   extracting,   farming,   agriculture, horticulture,  floriculture, viticulture or commercial fishing; provided however, that  the  generation  and  distribution  of  electricity,  the distribution of natural gas, and the production of steam associated with the  generation  of  electricity,  shall  not  constitute  manufacturing activities.  (C) In order to properly administer the  credits  set  forth  in  this subdivision,   the   department   may  disclose  information  about  the calculation  and  the  amounts  of  the  credits  claimed   under   this subdivision  on  a  taxpayer's return to the department of environmental conservation and other taxpayers claiming tax credits under this section with respect to the same qualifying site.  (D) With respect to any qualified site for  which  the  department  of environmental  conservation  has  issued a notice to the taxpayer before July first, two thousand fifteen or the date of publication in the state register of proposed regulations defining "underutilized" as provided in subdivision thirty of section 27-1405 of the environmental  conservation law,  whichever  shall  be later, that its request for participation has  been  accepted  under  subdivision  six  of  section  27-1407   of   the environmental  conservation  law,  or where the taxpayer has either been issued or received a certificate of  completion  from  another  taxpayer under  section 27-1419 of the environmental conservation law before July first, two thousand fifteen or the date  of  publication  in  the  state register of proposed regulations defining "underutilized" as provided in subdivision  thirty of section 27-1405 of the environmental conservation law, whichever shall be later, if the qualifying site is  located  in  a brownfield  opportunity  area  and  is developed in conformance with the goals  and  priorities  established  for  that   applicable   brownfield opportunity   area  as  designated  pursuant  to  section  nine  hundred seventy-r of the general municipal law, the applicable percentage of the tangible property credit component will be increased by two percent.  (4) On-site groundwater  remediation  credit  component.  The  on-site groundwater   remediation   credit  component  shall  be  equal  to  the applicable percentage of the on-site groundwater remediation costs  paid or  incurred  by  the  taxpayer with respect to a qualified site (to the extent that such groundwater remediation costs are not included  in  the determination  of the site preparation credit or the cost or other basis included in the determination of  the  tangible  property  credit).  The credit  component so determined for costs incurred and paid with respect to and prior to the issuance of a certificate  of  completion  shall  be allowed for the taxable year in which the effective date of the issuance of  a  certificate  of  completion  occurs.  The credit component amount determined in taxable years after the effective date of the issuance  of a  certificate  of  completion shall be allowed in the taxable year such qualified costs are incurred and paid for up to five taxable years after the issuance of such certificate of completion.  (5) Applicable percentage. (A) For  purposes  of  computing  the  site preparation   and  on-site  groundwater  remediation  credit  components pursuant to paragraphs two and four of this subdivision, with respect to such  qualified  sites  for  which  the  department   of   environmental conservation   has   issued   a  notice  to  the  taxpayer  before  June twenty-third, two thousand eight that its request for participation  has been   accepted   under  subdivision  six  of  section  27-1407  of  the environmental conservation law, or where the taxpayer  has  either  been issued  or  received  a  certificate of completion from another taxpayer under section 27-1419 of the environmental conservation law for  such  a site,  and,  for  purposes  of computing the tangible property component pursuant to paragraph three of this subdivision  with  respect  to  such qualified  sites  for which the department of environmental conservation has issued a notice to the taxpayer  before  July  first,  two  thousand fifteen  or  the  date  of publication in the state register of proposed regulations defining "underutilized" as provided in  subdivision  thirty of  section  27-1405  of  the  environmental conservation law, whichever shall be later, that its request for  participation  has  been  accepted under   subdivision   six   of  section  27-1407  of  the  environmental conservation law, or where  the  taxpayer  has  either  been  issued  or received a certificate of completion from another taxpayer under section 27-1419  of  the  environmental  conservation  law  for such a site, the applicable percentage shall be twelve percent in  the  case  of  credits claimed  under article nine, nine-A or thirty-three of this chapter, and ten percent in the case of credits claimed under article  twenty-two  of this  chapter,  except  that where at least fifty percent of the area of the qualified site relating to the credit provided for in  this  section is  located  in  an  environmental  zone  as defined in paragraph six of subdivision (b) of this section,  the  applicable  percentage  shall  be increased by an additional eight percent. Provided, however, as afforded  in  section  27-1419  of  the  environmental  conservation  law,  if the certificate of completion indicates that the  qualified  site  has  been remediated  to  Track 1 as that term is described in subdivision four of section  27-1415  of  the environmental conservation law, the applicable percentage set forth in the first sentence of this  paragraph  shall  be increased by an additional two percent.  (B)  With  respect  to such qualified site for which the department of environmental conservation has issued a notice to  the  taxpayer  on  or after July first, two thousand fifteen or the date of publication in the state  register  of  proposed  regulations  defining  "underutilized" as provided in subdivision thirty of section 27-1405 of  the  environmental conservation  law,  whichever  shall  be  later,  that  its  request for participation has been accepted under subdivision six of section 27-1407 of the environmental conservation law, the applicable percentage for the tangible property credit component of the brownfield  redevelopment  tax credit  pursuant  to  paragraph three of subdivision (a) of this section shall  be  the  sum  of  ten  percent  and  the   following   additional percentages,  provided  that  if  the  sum  is  greater than twenty-four percent, the total percentage of the tangible property credit  component shall be twenty-four percent and is otherwise subject to the limitations set  forth  in  paragraphs  three and three-a of subdivision (a) of this section:  (i) five percent for a site within an environmental zone;  (ii) five percent for a site located within  a  designated  brownfield opportunity  area  and  is  developed  in conformance with the goals and priorities established for that applicable brownfield opportunity area;  (iii) five percent for a site  developed  as  affordable  housing,  as defined in section 27-1405 of the environmental conservation law;  (iv)  five  percent  for a site to be used primarily for manufacturing activities as such term is defined  in  subparagraph  (B)  of  paragraph three-a of this subdivision; and  (v)  five  percent  for  sites  remediated  to Track 1 as that term is defined in subdivision four of  section  27-1415  of  the  environmental conservation law.  (C)  The  taxpayer  shall  submit,  in  the  manner  prescribed by the commissioner,  information  sufficient  to  demonstrate  that  the  site qualifies  for any credit components available under subparagraph (B) of this paragraph. If the site is receiving the credit component authorized pursuant to clause (ii) of subparagraph (B) of this paragraph for  being located  within  a  designated brownfield opportunity area, the taxpayer shall submit a certification  from  the  secretary  of  state  that  the development is in conformance with such brownfield opportunity area plan pursuant to section nine hundred seventy-r of the general municipal law.  (6)  Site  preparation costs and on-site groundwater remediation costs paid or incurred by the taxpayer with respect to a  qualified  site  and the  cost  or  other  basis  for federal income tax purposes of tangible personal property and other tangible property, including  buildings  and structural  components of buildings, which constitute qualified tangible property shall only include costs paid or incurred by the taxpayer on or after the date of the brownfield site cleanup agreement executed by  the taxpayer  and  the  department of environmental conservation pursuant to section 27-1409 of the environmental conservation law.  (7) The amount of any grant received from  the  federal,  state  or  a local  government  or  an  instrumentality or public benefit corporation thereof received by the taxpayer and used to pay for any  of  the  costs described  in  paragraphs two, three and four of this subdivision, which was not included in the federal gross income of the taxpayer,  shall  be subtracted in computing the credit components under this section.  (b)  Definitions.  As  used in this section, the following terms shall have the following meanings:  (1) Qualified site. A "qualified site" is a site with respect to which a  certificate  of  completion  has  been  issued to the taxpayer by the commissioner of environmental conservation pursuant to  section  27-1419 of the environmental conservation law.  (2)  Site  preparation  costs. The term "site preparation costs" shall mean all amounts properly chargeable to a  capital  account,  which  are paid   or   incurred   which   are   necessary  to  implement  a  site's investigation,  remediation,  or  qualification  for  a  certificate  of completion,   and   shall  include  costs  of:  excavation;  demolition; activities undertaken under the oversight of the department of labor  or in  accordance with standards established by the department of health to remediate and dispose of regulated materials including asbestos, lead or polychlorinated biphenyls; environmental consulting; engineering;  legal costs;   transportation,   disposal,   treatment   or   containment   of contaminated soil; remediation measures taken  to  address  contaminated soil  vapor;  cover  systems  consistent  with  applicable  regulations; physical support of excavation; dewatering and other work to  facilitate or   enable   remediation   activities;  sheeting,  shoring,  and  other engineering  controls  required  to  prevent   off-site   migration   of contamination  from  the  qualified site or migrating onto the qualified site; and the costs of fencing, temporary electric wiring,  scaffolding, and security facilities until such time as the certificate of completion has  been  issued.  Site  preparation  shall  include  all costs paid or incurred within sixty months after the last day of the tax year in which the  certificate  of  completion  is  issued  that  are  necessary   for compliance   with   the   certificate   of   completion   or  subsequent modifications  thereof,  or  the  remedial  program  defined   in   such certificate  of  completion  including  but not limited to institutional controls, engineering controls, an approved site management plan, and an environmental  easement  with  respect  to  the  qualified  site.   Site preparation  cost shall not include the costs of foundation systems that exceed the cover system requirements in the  regulations  applicable  to the qualified site.  (3)  Qualified  tangible  property.  "Qualified  tangible property" is property described in either subparagraph (A) or (B) of  this  paragraph which:  (A)  (i) is depreciable pursuant to section one hundred sixty-seven of the internal revenue code,  (ii) has a useful life of four years or more,  (iii) has been acquired by purchase as defined in section one  hundred seventy-nine (d) of the internal revenue code,  (iv) has a situs on a qualified site in this state, and  (v)  is  principally  used by the taxpayer for industrial, commercial, recreational  or  environmental  conservation  purposes  (including  the commercial development of residential housing); or  (B) (i) is, or when occupied becomes, part of a dwelling whose primary ownership  structure  is covered under either article nine-B of the real property law or meets the requirements of  section  216  (b)(1)  of  the Internal  Revenue  Code  or  is part of an affordable housing project as defined  in  subdivision  twenty-nine  of   section   27-1405   of   the environmental  conservation  law,  where units are sold as single family homes or multiple family dwellings;  (ii) has been acquired by purchase (as defined in section one  hundred seventy-nine (d) of the Internal Revenue Code);  (iii) has a situs on a qualified site in this state; and  (iv)  for  purposes of this subparagraph only, and notwithstanding any other section of law to the contrary,  property  qualifying  under  this subparagraph  shall  be deemed to be qualified tangible property for the purposes of paragraph one of subdivision (d) of  this  section;  and  in addition, for the purposes of this subdivision only, property qualifying under  this  subparagraph shall be deemed to have been placed in service for the purposes of paragraph three of subdivision (a) of  this  section when a certificate of occupancy is issued for such property.  (4)   On-site   groundwater   remediation  costs.  The  term  "on-site groundwater  remediation  costs"  shall  mean   all   amounts   properly chargeable  to  a  capital account, which are paid or incurred which are necessary to implement a site's groundwater investigation,  remediation, or  qualification  for  a  certificate of completion not already covered under site preparation costs, and shall include costs of:  environmental consulting;   engineering;   legal   costs;   transportation,  disposal, treatment or containment of contaminated groundwater; sheeting, shoring, and other engineering controls required to prevent off-site migration of groundwater contamination from the qualified site or migrating onto  the qualified  site; and the costs of fencing, temporary electric wiring and security facilities until such time as the certificate of completion  is issued.  On-site  groundwater  remediation costs shall include all costs paid or incurred within sixty months after the last day of the tax  year in  which the certificate of completion is issued that are necessary for compliance  with   the   certificate   of   completion   or   subsequent modifications  thereof,  or  the groundwater remedial program defined in such  certificate  of  completion   including   but   not   limited   to institutional   controls,   engineering   controls,   an  approved  site management plan specific to  on-site  groundwater  remediation,  and  an environmental easement with respect to the qualified site.  (5) Certificate of completion. A "certificate of completion" issued by the  commissioner  of  environmental  conservation  pursuant  to section 27-1419 of the environmental conservation law.  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean an area designated as such by the  commissioner  of  labor.  Such  areas shall be census tracts that satisfy either of the following criteria:  (A) areas that have both:  (i) a poverty rate of at least twenty percent based on the most recent five year American Community Survey; and  (ii)  an  unemployment  rate of at least one and one-quarter times the statewide unemployment rate based on the most recent five year  American Community Survey, or;  (B)  areas  that have a poverty rate of at least two times the poverty rate for the county in which the areas are located  based  on  the  most recent five year American Community Survey.   Such  designation  shall  be made and a list of all such environmental zones shall be established by the commissioner of labor based on the two thousand nine through two thousand thirteen  American  Community  Survey estimate.   Upon   request   of   the   commissioner   of  environmental conservation, the commissioner of labor shall  update  such  designation based on the most recent American Community Survey, or its successor.   The  determination  of  whether  a site is located in an environmental zone shall  be  based  on  the  date  the  department  of  environmental conservation  issued  a  notice  to  the  taxpayer  that its request for participation in the brownfield cleanup program has been deemed complete pursuant to subdivision three of section 27-1407  of  the  environmental conservation law.  (c)  Qualifying  property.  Property  which  qualifies  for the credit provided for under this section and also for a credit provided  for  (1)  under either subdivision one or subdivision three of section two hundred ten-B  of this chapter, or both, or (2) subsection (a) or subsection (j) of section six hundred six of this chapter, or both may be the basis for either  the credit provided for under this section or one of the credits enumerated in paragraph one or two of this subdivision, but not both.  (d) Depreciable property.  (1)  With  respect  to  qualified  tangible property   which   is   depreciable  pursuant  to  section  one  hundred sixty-seven of the internal revenue code  but  is  not  subject  to  the provisions  of  section  one  hundred sixty-eight of such code and which ceases to be in qualified use prior to the end of the  taxable  year  in which  the credit is to be taken, the amount of the credit shall be that portion of the credit provided for in this subdivision which  represents the ratio which the months of qualified use bear to the months of useful life.  If  property  on  which  credit  has  been  taken ceases to be in qualified use prior to the  end  of  its  useful  life,  the  difference between  the  credit taken and the credit allowed for actual use must be added back in the year in which the property ceased to be  in  qualified use.  Provided,  however, if such property ceases to be in qualified use after it has been in qualified use  for  more  than  twelve  consecutive years,  it  shall not be necessary to add back the credit as provided in this paragraph. The amount of credit allowed for  actual  use  shall  be determined  by  multiplying  the  original credit by the ratio which the months of qualified use bear to the months of useful life. For  purposes of  this paragraph, the useful life of property shall be the same as the taxpayer uses for  depreciation  purposes  when  computing  its  federal income tax liability.  (2)  Except  with  respect to that property to which paragraph four of this subdivision applies, with respect to  qualified  tangible  property which  is  three-year  property, as defined in subsection (e) of section one hundred sixty-eight of the internal revenue code, which ceases to be in qualified use prior to the end of  the  taxable  year  in  which  the credit is to be taken, the amount of the credit shall be that portion of the credit provided for in this section which represents the ratio which the  months  of  qualified  use bear to thirty-six. If property on which credit has been taken ceases to be in qualified use prior to the end  of thirty-six  months,  the  difference  between  the  credit taken and the credit allowed for actual use must be added back in the  year  in  which the property ceased to be in qualified use. The amount of credit allowed for actual use shall be determined by multiplying the original credit by the ratio which the months of qualified use bear to thirty-six.  (3)  Except  with  respect to that property to which paragraph four of this subdivision applies, with respect to  qualified  tangible  property which is subject to the provisions of section one hundred sixty-eight of the  internal  revenue code other than three-year property as defined in subsection (e) of such section one hundred sixty-eight which  ceases  to be  in  qualified  use prior to the end of the taxable year in which the credit is to be taken, the amount of the credit shall be that portion of the credit provided for in this section which represents the ratio which the months of qualified use bear to sixty. If property on  which  credit has  been  taken ceases to be in qualified use prior to the end of sixty months, the difference between the credit taken and the  credit  allowed for  actual  use  must  be  added back in the year in which the property ceased to be in qualified use. The amount of credit allowed  for  actual use  shall be determined by multiplying the original credit by the ratio which the months of qualified use bear to sixty.  (4) With respect to any qualified tangible property to  which  section one hundred sixty-eight of the internal revenue code applies, which is a building  or a structural component of a building and which ceases to be  in qualified use prior to the end of  the  taxable  year  in  which  the credit is to be taken, the amount of the credit shall be that portion of the credit provided for in this section which represents the ratio which the  months  of  qualified  use  bear to the total number of months over which the taxpayer chooses to deduct the  property  under  the  internal revenue code. If property on which credit has been taken ceases to be in qualified  use  prior  to  the end of the period over which the taxpayer chooses to deduct the property under  the  internal  revenue  code,  the difference  between  the  credit taken and the credit allowed for actual use must be added back in the year in which the property ceased to be in qualified use. Provided, however, if  such  property  ceases  to  be  in qualified  use  after  it has been in qualified use for more than twelve consecutive years, it shall not be necessary to add back the  credit  as provided  in this paragraph. The amount of credit allowed for actual use shall be determined by multiplying the  original  credit  by  the  ratio which  the  months  of  qualified use bear to the total number of months over which the  taxpayer  chooses  to  deduct  the  property  under  the internal revenue code.  (e)  If  the  certificate  of  completion  issued to the taxpayer with respect to a  qualified  site  is  revoked  by  a  determination  issued pursuant  to  section 27-1419 of the environmental conservation law, the amount of any credit allowed by this section shall be added back in  the taxable  year in which such determination is final and no longer subject to judicial review.  (f) Cross-references. For application of the credit  provided  for  in this section, see the following provisions of this chapter:  (1) Article 9: Section 187-g  (2) Article 9-A: Section 210-B, subdivision 17  (3) Article 22: Section 606, subsections (i) and (dd)  (4) Article 33: Section 1511, subdivision (u).   * NB There are 2 § 21's