NY Gen City L § 25-Z (2021)
2021 New York Laws GCT - General City Article 2-H - Relocation and Employment Assistance Program 25-Z - Authorization to Provide Relocation and Employment Assistance Credits.

§ 25-z. Authorization  to provide relocation and employment assistance credits. (a) Any city having a population of  one  million  or  more  is hereby  authorized and empowered to adopt and amend a local law allowing an eligible business that relocates as defined  in  subdivision  (j)  of section  twenty-five-y of this article to receive a credit against a tax imposed under a local law enacted pursuant  to  part  two  or  three  of section one, or section two, of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six or a gross receipts tax imposed under a  local  law  enacted  pursuant  to  subdivision  (a) of section twelve hundred one of the tax law. The amount of such credit  shall  be  in  an amount  equal  to  five  hundred  dollars or, in the case of an eligible business that has obtained pursuant to subdivision (b) of this section a certification of eligibility dated on  or  after  July  first,  nineteen hundred  ninety-five,  one  thousand dollars or, in the case of eligible business that has obtained pursuant to subdivision (b) of this section a certification of eligibility dated on or after July first, two thousand, for a relocation to eligible premises located  within  a  revitalization area  defined  in  subdivision  (n)  of  section  twenty-five-y  of this article, three thousand dollars, multiplied by the  number  of  eligible aggregate   employment  shares,  and  may  be  taken,  pursuant  to  the provisions of subdivision two of section four-h of part two  of  section one,  or  paragraph two of subdivision (j) of section one hundred one of section two of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six, or pursuant to the provisions of a local law  enacted pursuant  to  subdivision  (a)  of section twelve hundred one of the tax law, for up to thirteen consecutive taxable  years  beginning  with  the taxable  year  in  which  the  eligible business relocates as defined in subdivision (j) of section  twenty-five-y  of  this  article;  provided, however,  with  respect  to  a relocation for which no application for a certificate of  eligibility  is  submitted  prior  to  July  first,  two thousand   three,   to   eligible   premises   that  are  not  within  a revitalization area, if  the  date  of  such  relocation  as  determined pursuant  to subdivision (j) of section twenty-five-y of this article is before July first,  nineteen  hundred  ninety-five,  the  amount  to  be multiplied  by  the number of eligible aggregate employment shares shall be five hundred dollars, and with respect to a relocation for  which  no application  for a certificate of eligibility is submitted prior to July first, two thousand three,  to  eligible  premises  that  are  within  a revitalization  area,  if  the  date  of  such  relocation as determined pursuant to subdivision (j)  of  such  section  is  before  July  first, nineteen  hundred ninety-five, the amount to be multiplied by the number of eligible aggregate employment shares shall be five  hundred  dollars, and if the date of such relocation as determined pursuant to subdivision (j)  of  such  section  is  on  or  after  July  first, nineteen hundred ninety-five, and before July first, two thousand, one thousand  dollars; provided  that no such credit shall be allowed for the relocation of any retail activity or hotel services; provided, notwithstanding  any  other provision  of  law to the contrary, that no such credit shall be allowed against a gross receipts tax imposed under a local law enacted  pursuant to  subdivision (a) of section twelve hundred one of the tax law for any relocation  taking  place  prior  to  January  first,  nineteen  hundred ninety-nine;  and provided that in the case of an eligible business that has obtained pursuant to subdivision (b) of this section  certifications of  eligibility  for  more than one relocation as defined in subdivision (j) of section twenty-five-y of this article, the portion of  the  total amount  of  eligible aggregate employment shares to be multiplied by the dollar amount specified in this subdivision for each such  certification of  a  relocation  shall  be  the  number  of  total attributed eligible  aggregate employment shares determined with respect to  such  relocation pursuant to subdivision (o) of section twenty-five-y of this article.  (b) No eligible business shall be authorized to receive a credit under any  local  law enacted pursuant to this article until the premises with respect to which it is claiming the credit meet the requirements in  the definition   of   eligible   premises   and  until  it  has  obtained  a certification of eligibility from the mayor of such city  or  an  agency designated by such mayor, and an annual certification from such mayor or an  agency  designated  by  such  mayor  as  to  the  number of eligible aggregate employment shares maintained by such  eligible  business  that may  qualify  for  obtaining  a  tax  credit  for the eligible business' taxable year. Any written documentation submitted to such mayor or  such agency  or  agencies  in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the  penal law. Such local law may provide for application fees to be determined by such  mayor  or  such  agency  or  agencies.  No  such  certification of eligibility shall be issued under any local law enacted pursuant to this article to an eligible business on or after  July  first,  two  thousand twenty-five unless:  (1)  prior to such date such business has purchased, leased or entered into a contract to purchase or lease particular premises or a parcel  on which  will  be constructed such premises or already owned such premises or parcel;  (2) prior to such  date  improvements  have  been  commenced  on  such premises  or  parcel,  which  improvements will meet the requirements of subdivision (e) of section twenty-five-y of  this  article  relating  to expenditures for improvements;  (3) prior to such date such business submits a preliminary application for  a  certification  of  eligibility  to  such mayor or such agency or agencies with respect  to  a  proposed  relocation  to  such  particular premises; and  (4) such business relocates to such particular premises not later than thirty-six  months  or, in a case in which the expenditures made for the improvements specified in paragraph  two  of  this  subdivision  are  in excess  of fifty million dollars within seventy-two months from the date of submission of such preliminary application.  (c) The mayor of such city or an agency or agencies designated by such mayor shall  be  authorized  to  promulgate  rules  and  regulations  to administer  and  assure  compliance with the provisions of this article, including but not limited  to  rules  and  regulations  to  provide  for alternative  methods  to measure employment shares in instances where an eligible business is not required by law to maintain weekly  records  of full-time  work weeks and part-time work weeks of employees, partners or sole proprietors as defined in subdivision (g) of section  twenty-five-y of this article.  (d)  An  eligible business other than a utility company subject to the supervision of the department of public service shall not be  authorized to  receive  a credit under a local law enacted pursuant to this article against a gross receipts tax imposed under a local law enacted  pursuant to  subdivision (a) of section twelve hundred one of the tax law, unless such eligible business elects to take  the  credit  authorized  by  this section  against  the tax imposed under such local law on an application filed with respect  to  the  first  relocation  of  such  business  that qualifies  or  will  qualify  under a local law enacted pursuant to this article, with the mayor of such city or the agency  designated  by  such mayor  pursuant  to  subdivision  (b)  of  this  section.  The  election authorized by this subdivision may not be withdrawn after  the  issuance of  such  certification  of eligibility. No taxpayer that has previously  received a certification of eligibility to receive the credit authorized by this section against any  tax  imposed  under  a  local  law  enacted pursuant to part two or three of section one, or section two, of chapter seven  hundred seventy-two of the laws of nineteen hundred sixty-six may make the election authorized by this subdivision. No taxpayer that makes the election provided in this subdivision shall be  authorized  to  take such  credit  against any tax imposed under a local law enacted pursuant to part two or three of section one, or section two,  of  chapter  seven hundred seventy-two of the laws of nineteen hundred sixty-six.  (e)  Notwithstanding any other provisions of this article, an eligible business that has obtained pursuant to subdivision (b) of this section a certification of eligibility for a  relocation  to  particular  eligible premises  may apply to the mayor of such city or an agency designated by such mayor to have premises in a building, other than  the  building  in which  such  particular  eligible  premises  are  located,  certified as designated additional or replacement premises as defined in  subdivision (q)  of  section  twenty-five-y of this article. After the certification provided for in  this  subdivision  has  been  obtained,  any  aggregate employment  shares  maintained by the eligible business in such premises shall be treated as if such employment shares  were  maintained  in  the particular  eligible  premises to which the eligible business relocated. No such certification shall be  issued  after  the  end  of  the  period provided  for in subdivision (a) of this section during which the credit may be taken with regard to the relocation to such  particular  eligible premises,  and  the issuance of such certification shall not extend such period.  Provided  however,  (i)  no  premises  shall  be  certified  as designated  additional  or replacement premises if the eligible business maintained employment shares in such premises prior to  the  application for  certification  provided  for  in this subdivision, (ii) no premises shall be certified as  designated  additional  or  replacement  premises unless  such  premises  meet  the  requirements for eligible premises in subdivision (e) of section twenty-five-y of this article, and  (iii)  if the  particular premises to which the eligible business relocated are in a revitalization zone, no premises  shall  be  certified  as  designated additional or replacement premises with regard to such relocation unless such  designated  additional  or  replacement  premises are located in a revitalization zone.  (f)(1)(i) Notwithstanding the provisions of subdivision (i) of section twenty-five-y of this article, in  the  case  of  an  eligible  business meeting  the criteria in subparagraphs (ii) and (iii) of this paragraph, the mayor or his or her designee, in his or her discretion, may for  any taxable  year  in  which such business is eligible to receive the credit provided for in this section, determine the number of eligible aggregate employment shares as provided in paragraph two of this subdivision,  and such  number  shall  be  deemed  to  be the number of eligible aggregate employment shares determined pursuant to such subdivision (i) of section twenty-five-y  for  the  purpose  of  attributing  shares  pursuant   to subdivision  (o) of section twenty-five-y of this article to relocations as defined in subdivision (j) of such  section  twenty-five-y  occurring after July first, two thousand three:  (ii) in the case of a relocation before July first, two thousand five, in  the taxable year prior to its first relocation after July first, two thousand three (such prior year being hereafter referred to as the "base year"),  such  eligible  business  maintained  more  than  one   hundred aggregate  employment  shares  in  the  eligible Lower Manhattan area as defined in subdivision (f) of section twenty-five-dd  of  this  chapter, provided  that  in  the  case  of a relocation after June thirtieth, two thousand five, in the taxable year prior to its first  relocation  after  such  date  (such  prior  year  being hereafter referred to as the "base year"),  such  eligible  business  maintained  one  or  more   aggregate employment shares in such eligible Lower Manhattan area, and  (iii)  in  the  case  of  a relocation before July first, two thousand five, in the taxable year subsequent to the  base  year  for  which  the determination of eligible aggregate employment shares is being made, the number  of  aggregate  employment shares in the eligible Lower Manhattan area maintained by the eligible business is  less  than  the  number  of aggregate  employment shares it maintained in such area in the base year reduced by one hundred, provided that in the case of a relocation  after June thirtieth, two thousand five, in the taxable year subsequent to the base  year  for which the determination of eligible aggregate employment shares is being made, the number of aggregate employment shares  in  the eligible  Lower  Manhattan  area  maintained by the eligible business is less than the number of aggregate employment  shares  it  maintained  in such area in the base year.  (2)  The  number  of  eligible  aggregate employment shares determined under  this  paragraph  shall  be  the  number  of  eligible   aggregate employment  shares  determined  pursuant  to  subdivision (i) of section twenty-five-y of this article without regard to paragraphs one and three of such subdivision (i), less  the  reduction  amount  provided  for  in paragraph three of this subdivision.  (3)  For any taxable year, the reduction amount shall be the excess of (i) the number of aggregate employment shares maintained by the eligible business in the eligible Lower Manhattan area in  the  base  year,  over (ii)  the  number  of  aggregate  employment  shares  maintained  by the eligible business in the eligible Lower Manhattan area  in  the  taxable year.  (4)  Notwithstanding  anything  herein  to the contrary, the number of eligible aggregate employment  shares  may  be  determined  pursuant  to paragraph  two  of  this  subdivision  only if the number of such shares determined pursuant to such paragraph two is less  than  the  number  of such   shares   determined   pursuant  to  subdivision  (i)  of  section twenty-five-y of this article.  (5) The mayor, or his or her designee, shall exercise  the  discretion provided  for  in  paragraph  one  of  this  subdivision  if  he  or she determines it to be in the best  interests  of  the  city,  taking  into account  whether  the  credit  provided  for  in this section caused the reduction in the number of jobs maintained by the eligible  business  in the eligible Lower Manhattan area.  (g)  For  the  duration of the benefit period, a recipient of a credit under any  local  law  enacted  pursuant  to  this  article  shall  file annually, along with the aforementioned original and annual certificates of  eligibility, the average wage and benefits offered to the applicable relocated employees used in determining  eligible  aggregate  employment shares,  pursuant  to  subdivision  (i) of section twenty-five-y of this article. The  department  shall  have  the  authority  to  require  that statements filed under this subdivision be certified.