2023 New York Laws › TAX - Tax › Article 8 - Department of Taxation and Finance; Commissioner of Taxation and Finance › 171-R - Brownfield Credit Report.

§   171-r.   Brownfield   credit  report.  (a)  The  commissioner,  in
consultation with the commissioner of environmental  conservation,  must
publish a brownfield credit report annually by January thirty-first. The
first  report  must  be  published by January thirty-first, two thousand
nine.
(b)  The  brownfield  credit  report  must   contain   the   following
information   about  the  credits  claimed  under  sections  twenty-one,
twenty-two and twenty-three of this chapter during the previous calendar
year:
(1) the name of each taxpayer claiming a credit; provided however,  if
the  taxpayer  claims  a  credit  because  the taxpayer is a member of a
limited liability company, a partner in a partnership or  a  shareholder
in  a  subchapter  S  corporation,  the  name  of each limited liability
company, partnership or subchapter S corporation earning  any  of  those
credits  must be included in the report instead of information about the
taxpayer claiming the credit;
(2) the amount of  each  credit  earned  by  each  taxpayer;  provided
however,  if  the  taxpayer  claims  a  credit because the taxpayer is a
member of a limited liability company, a partner in a partnership  or  a
shareholder  in  a subchapter S corporation, the amount of credit earned
by each entity must be included in the  report  instead  of  information
about the taxpayer claiming the credit;
(3)  information  identifying  the  project for which a certificate of
completion was issued and the credit claimed under  section  twenty-one,
twenty-two  or  twenty-three  of this chapter, including the name of the
project and municipality, including the county, in which the project  is
located; and
(4)  the  number of credits by each credit type and the amount of such
credits granted, claimed and earned on a brownfield site, statewide  and
department of environmental conservation region basis; and of those, the
number  of  credits  and  the  average amount of such credits allowed to
taxpayers  in  each  county,  brownfield  opportunity  area   designated
pursuant  to section nine hundred seventy-r of the general municipal law
and in each environmental zone as defined in subdivision (b) of  section
twenty-one of this chapter.
(5) copies of all reports received from developers pursuant to section
one  hundred  seventy-one-s  of  this  article or, in the commissioner's
discretion, a summary of the contents of such reports.
(c) The information included in the brownfield credit report  will  be
based  on  the information filed with the department during the previous
calendar year, to  the  extent  that  it  is  practicable  to  use  that
information.
(d) Such report shall also contain any other information received from
the  commissioner  of  environmental  conservation  with  regard to such
credits, and any other statistical information  that  such  commissioner
deems to be useful in analyzing the effects of the program.
(e)  The  commissioner,  in  consultation  with  the  commissioner  of
environmental conservation, shall publish by January  thirty-first,  two
thousand  sixteen a supplemental brownfield credit report containing the
information required by this section about the credits claimed  for  the
years two thousand five, two thousand six, and two thousand seven.