reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.3 - Eligibility criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business
				  shall be eligible to apply to the program if the business:
1. Entered into a BRRAG project agreement
				  pursuant to P.L. 1996, c.
				  25 (N.J.S.A. 34:1B-112 et
				  seq.), as amended at
				  P.L.
				  2000, c. 65 and
				  N.J.A.C. 19:30Mand is not in default of that BRRAG project agreement;
2. Has unused amounts of BRRAG tax credits
				  issued and otherwise allowable;
3.
				  Certifies, to the best of its knowledge, that it cannot use the BRRAG tax
				  credits originally issued for the tax periods in which the credits are
				  allowable; and
4. Has incurred or
				  will incur expenses in connection with the operation of the business in the
				  State, including, but not limited to, the expenses of fixed assets, such as the
				  construction and acquisition and development of real estate, materials,
				  start-up, tenant fit-out, working capital, salaries, research and development
				  expenditures, and any other expenses determined by the Chief Executive Officer
				  to be necessary to carry out the purposes of the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.4 - Requests for applications

Current through Register Vol. 56, No. 14, July 15, 2024
All application requests shall be made to the New Jersey
					 Economic Development Authority, 36 West State Street, PO. Box 990, Trenton, NJ
					 08625, in a manner prescribed and adopted by the Authority, after
					 recommendation from the Director.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.5 - Submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				  application to the Authority by a selling company shall include the following
				  information in a format prescribed by the Chief Executive Officer, after
				  recommendation by the Board. Complete applications must be received by at least
				  120 days prior to the expiration of the second tax period, pursuant to N.J.A.C.
				  19:31M-1.11.
1. The name and address of the
				  applicant;
2. A statement that all
				  terms and conditions of the selling business' BRRAG project agreement have been
				  and/or are continuing to be met;
3.
				  A list of all corporations and affiliated groups of corporations that directly
				  or indirectly owns or controls five percent or more of the voting rights or
				  five percent or more of the value of all classes of stock of the selling
				  business;
4. A statement that the
				  selling business is operating and has no current intention to cease
				  operating;
5. A certification that,
				  to the best of the applicant's knowledge, the applicant cannot use the BRRAG
				  tax credits originally issued for the tax periods in which the credits are
				  allowable;
6. The proposed use of
				  any private financial assistance that would be provided by a buying business,
				  to assist in the funding of costs incurred by the relocating
				  business;
7. Any other necessary
				  and relevant information as determined by the Chief Executive Officer for a
				  specific application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.6 - Application and review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants
				  shall submit to the Chief Executive Officer a completed BRRAG Tax Credit
				  Transfer Program application. The application shall bear either a legible
				  post-mark date or a date received stamp from the Authority.
(b) The Authority, in cooperation with the
				  Director, shall conduct a review of the applications commencing with the
				  application bearing the earliest submission date. The Authority may require the
				  submission of additional information to complete the application or may require
				  the resubmission of the entire application, if incomplete. The Authority, in
				  cooperation with the Director, shall review the applications to determine
				  whether the applicant:
1. Complies with the
				  eligibility criteria;
2. Satisfies
				  the submission requirements; and
3.
				  Adequately provides information for the subject
				  application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.7 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application submitted by a selling
				  business to the program shall be accompanied by a non-refundable fee of $
				  2,500.
(b) For each project with
				  total approved tax credits of $ 1,000,000 or less, a non-refundable fee of $
				  1,000 shall be paid for each request for any administrative changes, additions,
				  or modifications to the grant; and a non-refundable fee of $ 2,500 shall be
				  paid for any major changes, additions, or modifications to the grant, such as
				  those requiring extensive staff time and Board approval. For each project with
				  total approved tax credits of $ 1,000,000 to $ 5,000,000, a non-refundable fee
				  of $ 2,500 shall be paid for each request for any administrative changes,
				  additions, or modifications to the grant; and a non-refundable fee of $ 7,500
				  shall be paid for any major changes, additions, or modifications to the grant,
				  such as those requiring extensive staff time and Board approval. For each
				  project with total approved tax credits in excess of $ 5,000,000, a
				  non-refundable fee of $ 5,000 shall be paid for each request for any
				  administrative changes, additions, or modifications to the grant; and a
				  non-refundable fee of $ 25,000 shall be paid for any major changes, additions,
				  or modifications to the grant, such as those requiring extensive staff time and
				  Board approval.
(c) The full amount
				  shall be paid of direct costs of due diligence, including, but not limited to,
				  debarment/disqualification reviews, or other analyses by a third-party retained
				  by the Authority, if the Authority deems such retention to be
				  necessary.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31N - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Subchapter 1 - TAX CREDIT CERTIFICATE TRANSFER PROGRAM › Section 19:31N-1.8 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
The procedure for appeals arising from the Chief Executive
					 Officer's action on an application to the program as well as appeals arising
					 from other decisions of the Chief Executive Officer relating to the program
					 shall be the procedures set forth at N.J.A.C. 19:31M-1.17.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter are promulgated by the New
					 Jersey Economic Development Authority, after consultation with the Director of
					 the Division of Taxation in the Department of the Treasury, to implement
					 sections 19 through 22 of the Business Retention and Relocation Assistance Act,
					 P.L.
					 2004, c. 65 (the Act),
					 which provides several incentive programs aimed at retaining in New Jersey the
					 full-time jobs of businesses already active in this State. The purpose of the
					 sales and use tax exemption program is to encourage economic development and to
					 preserve jobs that currently exist in New Jersey. Qualifying businesses will be
					 exempt from sales and use tax for eligible property located or placed at a
					 business location for a construction and or renovation project pursuant to the
					 terms and conditions of a project approval agreement. The sales tax exemption
					 certificate, which applies only to property purchased for installation in that
					 approved project will allow the business to purchase machinery, equipment,
					 furniture and furnishings, fixtures and building materials other than tools and
					 supplies for placement at the project location without the imposition of sales
					 and use tax until the new facility is functional, as further specified in this
					 subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.3 - Eligibility criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Program
				  eligibility requires that:
1. A business shall
				  have operated continuously in New Jersey, in whole or in part, in its current
				  form or as a predecessor entity, for at least 10 years prior to filing an
				  application with the Authority;
2.
				  A business certify and represent that the availability of financial assistance
				  from the State as would be provided in the approval of the business's
				  application for the program will be an important inducement to the business to
				  undertake the project and to relocate full-time jobs in the State;
				  and
3. A business shall satisfy at
				  least one of the following four criteria:
i.
				  The business has 1,000 or more full-time employees in the State and the project
				  involves relocating 500 or more full-time employees into a new business
				  location or locations;
ii. The
				  business is a life sciences business or a manufacturing facility and the
				  project is: constructing one or more new research and development facilities,
				  constructing one or more new manufacturing facilities in this State, or
				  relocating to a new headquarters in this State that will employ 250 or more
				  full-time employees whose jobs are retained full-time jobs.
iii. The business is a life sciences business
				  or a manufacturing business and the project is constructing a new, or
				  substantially rehabilitating a vacant, property that will separately or
				  collectively:
(1) Be predominantly a new
				  research and development facility;
(2) Be predominantly a new manufacturing
				  facility;
(3) House the
				  headquarters of the business; or
(4) Separately or collectively be a
				  combination of (a)3iii(1), (2), and (3) above; provided, that the new or
				  substantially rehabilitated facility will house a minimum of 250 full-time
				  employees whose jobs are retained full-time jobs. For the purposes of this
				  sub-subparagraph, "predominantly" means a majority of the employees housed in
				  the new facility are engaged in that activity; or a majority of the square
				  footage of the new facility is used in that activity; or a majority of the
				  total value of the investment made will be employed in that activity; or other
				  measures of activity as may be determined by the Secretary that demonstrate
				  that a critical concentration of research and development, manufacturing, or
				  both, will occur at the new facility; or
iv. The business was, at the time of
				  enactment of P.L. 2004, c.
				  65, § 21, receiving a structured finance
				  special guarantee pursuant to N.J.A.C. 19:31A-1.1(c)3ii(5) for the
				  project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.4 - Requests for applications

Current through Register Vol. 56, No. 14, July 15, 2024
All application requests shall be made to the New Jersey
					 Economic Development Authority, 36 West State Street, PO. Box 990, Trenton, NJ
					 08625, on forms and/or in a manner prescribed by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.5 - Submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				  application to the Authority shall include the following information in an
				  application format prescribed by the Authority:
1. Business information shall include the
				  following:
i. The name of the
				  business;
ii. The address of the
				  business;
iii. The type of
				  business;
iv. Principal products
				  and services;
v. The contact person
				  for this application;
vi. The New
				  Jersey tax identification number;
vii. The Federal tax identification
				  number;
viii. The total number of
				  employees in New Jersey;
ix. The
				  total number of years of operation in New Jersey including evidence that the
				  business or a predecessor entity has been operating, in whole or in part, in
				  this State for at least 10 years prior to the filing of the
				  application;
x. Certification that
				  the business applying for this program is not in default with any other program
				  administered by the State of New Jersey;
xi. Certification that the availability of
				  financial assistance from the State as provided in this program at the site
				  proposed for approval is an important inducement to the business to undertake
				  the project and to relocate the full-time jobs relating to the project in the
				  State; and
xii. Any other necessary
				  and relevant information as determined by the Secretary for a specific
				  application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.6 - Application and review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants
				  shall submit to the Chief Executive Officer a completed Sales Tax Exemption
				  Program application. The application shall bear either a legible post-mark date
				  or a date received stamp from the Authority.
(b) The Authority shall conduct a review of
				  the applications commencing with the application bearing the earliest
				  submission date, including those applications submitted to the Authority prior
				  to May 16, 2005. The Authority may require the submission of additional
				  information to complete the application or may require the resubmission of the
				  entire application, if incomplete. The Authority shall review the applications
				  to determine whether the applicant:
1.
				  Complies with the eligibility criteria;
2. Satisfies the submission requirements;
				  and
3. Adequately provides
				  information for the subject application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.7 - Project approval agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Board
				  approves the application to the program, participation in the program is
				  conditioned upon the applicant executing a project approval agreement with the
				  Chief Executive Officer to establish the terms and the conditions of the
				  project approval, which shall include, but not be limited to:
1. For a tenant with capital investment
				  expenses incurred on behalf of the tenant by a landlord, prior to execution of
				  the project agreement, the tenant shall provide documentation satisfactory to
				  the Authority consistent with the chief executive officer's certification at
				  N.J.A.C. 19:31O-1.5(a)2xiii, which may include, but not be limited to, a lease
				  or letter of credit that demonstrates in the event of an early termination of
				  the lease that the tenant is financially liable for the cost of the capital
				  investment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.8 - Undertaking the project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the
				  project approval agreement is fully executed by the business and the Chief
				  Executive Officer, the business shall complete the project and seek a temporary
				  certificate of occupancy and such other permits and approvals as may be
				  required in a timely manner.
(b)
				  The business shall design, acquire, install, and operate the project in
				  compliance with all applicable Federal, State, and local laws or ordinances
				  (including rules and regulations) related to zoning, building, safety, and
				  environmental quality.
(c) The
				  business shall not use any hazardous substance on, from, or affecting the
				  project in any manner which violates any environmental law, and shall keep or
				  cause the project to be kept free of hazardous substances, except as provided
				  in applicable environmental law.
(d) To the extent that the business or its
				  project participants (and not an unaffiliated third party who is not a project
				  participant) have undertaken the construction of the project, the business
				  shall comply with the Authority's prevailing wage requirements,
				  P.L.
				  2007, c. 245
				  (N.J.S.A.
				  34:1B-5.1), in the performance of
				  construction contracts.
(e) The
				  Authority encourages a business constructing a project to comply with the
				  Authority's affirmative action requirements set forth at P.L. 1979, c. 303
				  (N.J.S.A.
				  34:1B-5.4).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.9 - Sales and use tax exemption limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The duration
				  of the sales tax exemption shall be limited. In general, the sales tax
				  certificate shall not apply to purchases initiated by the business after the
				  date that the temporary certificate of occupancy is issued, or in cases where
				  no temporary certificate of occupancy is issued shall not apply to purchases
				  initiated by the business more than one year from the project commencement
				  date; however, the duration of the sales tax certificate shall be pursuant to
				  the terms and conditions of the project approval agreement.
(b) The scope of the sales tax exemption
				  shall be limited. Any exemption from State sales and use taxes resulting from
				  or occasioned by a business's use of the sales tax certificate shall be limited
				  to purchases of eligible property that will be located at the approved site
				  that are made between the commencement and completion dates by the business or
				  a project participant. The sales tax exemption shall:
1. Only be utilized for materials which shall
				  be purchased, completed, constructed, or installed by the business or a project
				  participant in connection with the project (and not with any intention to sell,
				  transfer or otherwise dispose of any such materials to another party);
				  and
2. Not be available for any
				  cost of motor vehicles, tools, and parts with a useful life of one year or
				  less, utilities, cleaning service or supplies, maintenance or any otherwise
				  taxable services or property.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.10 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the
				  term of the project approval agreement, on the 15th business day of the
				  quarter, the business that is party to the agreement shall furnish to the Chief
				  Executive Officer a certified report of all purchases of eligible property made
				  in the preceding quarter on which the sales tax exemption was claimed,
				  including the date of purchase, an itemized description, amount of purchase,
				  name of project participant that purchased the item, and name of vendor.
				  "Certified" for purposes of this section means that the veracity of the report
				  is attested by the business, and does not entail a certification by an outside
				  accountant based upon an audit of any type.
1. A business having difficulty obtaining the
				  itemized information from subcontractors on third-party construction contracts
				  may file an estimated allocation of the costs of eligible property incurred
				  under the construction contract, pursuant to the percentage determined by the
				  Board, which shall be consistent with industry standards, and made available to
				  the public upon its approval by the Board. Such estimated allocation shall be
				  included in the certified report of all purchases of eligible property. The
				  election of alternative reporting shall be set forth in the project approval
				  agreement, and once selected, may not be revoked or the percentage changed,
				  pursuant to the terms of that agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.11 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A non-refundable application fee of $
				  1,000 shall accompany every application for grant assistance.
(b) An annual servicing fee in an amount
				  equal to two percent of the sales tax exemption used in the previous year, with
				  a cap of $ 75,000, shall be payable until the quarterly reports pursuant to
				  N.J.A.C. 19:31O-1.10(a) are no longer required to be filed.
(c) A non-refundable fee of $ 750.00 shall be
				  paid for each request for any administrative changes, additions or
				  modifications to the grant; and a non-refundable fee of $ 1,500 shall be paid
				  for any major changes, additions or modifications to the grant, such as those
				  requiring extensive staff time and Board approval.
(d) The full amount shall be paid of direct
				  costs of due diligence, including, but not limited to,
				  debarment/disqualification reviews, or other analyses by a third-party retained
				  by the Authority, if the Authority deems such retention to be
				  necessary.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.12 - Events of recapture and default

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  occurrence of any one of the following events (whether such event shall be
				  voluntary or involuntary or come about or be effected by operation of law or
				  pursuant to or in compliance with any judgment, decree or order of any court or
				  any order, rule or regulations of any administrative or governmental body)
				  shall constitute an event of recapture under the project approval agreement:
1. The business reduces or relocates the
				  retained full-time jobs, such that the number of retained full-time jobs falls
				  below the number required pursuant to N.J.A.C. 19:31O-1.5(a)3iv (greater than
				  five percent during the first two years of the commitment duration; greater
				  than 10 percent during the remainder of the commitment duration) but has
				  relocated at least the threshold number for project eligibility, 250 or 500 (as
				  applicable to the type of business and as may be reduced up to five percent or
				  10 percent, as applicable);
2. The
				  business notifies the Authority, prior to the commitment duration, that it will
				  not relocate 100 percent of the retained full-time jobs set forth in the
				  project approval agreement, but will relocate at least the threshold number for
				  project eligibility, 250 or 500, as applicable to the type of business;
				  or
3. The business is a tenant with
				  capital investment expenses incurred on behalf of the tenant by the landlord,
				  the amount of which is less than the amount as certified pursuant to N.J.A.C.
				  19:31O-1.7(b)2.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.13 - Remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  occurrence of an event of recapture as described at N.J.A.C. 19:31O-1.12 and
				  the project approval agreement, the Chief Executive Officer may demand the
				  payment of the sales tax recapture amount, and in his or her sole discretion,
				  may request that the Director of the Division of Taxation recover the sales tax
				  recapture amount.
(b) Upon the
				  occurrence of any event of default as described at N.J.A.C. 19:31O-1.12 and the
				  project approval agreement, the Chief Executive Officer may, so long as such
				  event of default is continuing, do one or more of the following as the Chief
				  Executive Officer in his or her sole discretion shall determine, without
				  limiting any other right or remedy the Chief Executive Officer or the Division
				  of Taxation may have on account of such event of default:
1. The Chief Executive Officer may require
				  the surrender by the business to the Chief Executive Officer of the sales tax
				  certificate for suspension or cancellation; and/or
2. The Chief Executive Officer may exercise
				  any other right or remedy that may be available under applicable law or under
				  the project approval agreement, including, without limitation:
i. Requesting the Division of Taxation
				  recover the sales tax repayment amount and any additional repayment amount
				  pursuant to the State Uniform Tax Procedure Law, 54:48-1 et seq.;
ii. Recovering damages for loss of a bargain
				  for any default during the commitment duration which damages the parties agree
				  that the Chief Executive Officer's actual damages would be difficult to
				  predict, and that the sales tax repayment amount and any additional repayment
				  amount represents a reasonable approximation of such amount;
iii. Terminating the project approval
				  agreement; or
iv. Proceeding by
				  appropriate court action (legal or equitable) to enforce the terms of the
				  project approval agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.14 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure
				  for an appeal of the Board's action on an application to the program shall be
				  as follows. An applicant may appeal the Board's action by submitting in writing
				  to the Authority, within 30 days from the date of the Board's action, an
				  explanation as to how the applicant has met the program criteria. Such appeals
				  are not contested cases subject to the requirements of the Administrative
				  Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., 52:14F-1 et seq., and the
				  Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Appeals will be handled
				  by the Authority as follows:
1. The Chief
				  Executive Officer shall designate an employee of the Authority to serve as a
				  hearing officer for the appeal and to make a recommendation on the merits of
				  the appeal to the Board. The hearing officer shall perform a review of the
				  written record and may require an in-person hearing. The hearing officer has
				  sole discretion to determine if an in-person hearing is necessary to reach an
				  informed decision on the appeal;
2.
				  Following completion of the record review and/or in-person hearing, as
				  applicable, the hearing officer shall issue a written report to the Board
				  containing his or her finding(s) and recommendation(s) on the merits of the
				  appeal; and
3. The Board shall
				  consider the hearing officer's recommendation(s) and, based on that review,
				  shall issue a final agency decision on the
				  appeal.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31O - SALES AND USE TAX EXEMPTION PROGRAM › Subchapter 1 - SALES AND USE TAX EXEMPTION PROGRAM › Section 19:31O-1.15 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion
					 of this subchapter is adjudged unconstitutional or invalid by a court of
					 competent jurisdiction, the remaining portions of this subchapter shall not be
					 affected thereby.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter are promulgated by the New
					 Jersey Economic Development Authority (Authority) to implement
					 P.L.
					 2005, c. 374 (the Act),
					 and specifically, section 2 of the Act. Section 2 establishes an energy sales
					 tax exemption program (the Program) for retail sales of electricity and natural
					 gas and their transport to a business in counties designated for the 50 percent
					 tax exemption pursuant to section 1 at P.L. 1993, c. 373, that employs at least
					 50 people at that facility, at least 50 percent of whom are directly employed
					 in a manufacturing process, and provided that the energy and utility services
					 are consumed exclusively at that facility. The Program is to be administered by
					 the Authority in accordance with the procedures for obtaining the exemption as
					 may be provided pursuant to the Sales and Use Tax Act, P.L. 1966, c. 30, and
					 this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
"Act" means
					 P.L.
					 2005, c. 374, the Act
					 extending the eligibility for the sales use tax exemption of energy and utility
					 service purchases by certain manufacturing-intensive businesses in Urban
					 Enterprise Zones and certain counties with reduced sales tax and amending
					 P.L.
					 2004, c. 65.
"Application" means the authorized application submitted to
					 the Authority from a business for approval of an energy sales tax exemption
					 under the program.
"Authority" means the New Jersey Economic Development
					 Authority.
"Board" means the Board of the New Jersey Economic
					 Development Authority.
"Chief Executive Officer" means the Chief Executive Officer
					 of the New Jersey Economic Development Authority.
"Directly employed" means employed as an employee, and not
					 as an independent contractor, and directly involved in the manufacturing
					 process of the business applying for the energy sales tax exemption.
"Director" means the Director of the Division of Taxation
					 in the Department of the Treasury.
"Employ" means utilize the productive services of people as
					 full-time employees. "Full-time employee" is defined at 19:31M-1.2.
"Energy sales tax exemption" means the energy sales and use
					 tax exemption for retail sales of energy and utility service approved by the
					 Chief Executive Officer pursuant to the Act and this subchapter.
"Manufacturing" means the performance of an operation or
					 series of operations, the object of which is to place items of tangible
					 personal property in a form, composition or character different from that in
					 which they were acquired. The change must be substantial and must result in a
					 transformation of property into a different or substantially more useable
					 product.
"Program" means the energy sales tax exemption program for
					 retail sales of electricity and natural gas and their transport to a business
					 in counties designated for the 50 percent tax exemption under section 1 of P.L.
					 1993, c. 373, that employs at least 50 people at that facility, at least 50
					 percent of whom are directly employed in a manufacturing process, and provided
					 that the energy and utility services are consumed exclusively at that facility,
					 as authorized by
					 P.L.
					 2005, c. 374 and this
					 subchapter.
"Qualified county" means a county that is designated for
					 the 50 percent sales tax exemption under section 1 of P.L. 1993, c. 373
					 (54:32B-8.4 5).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.3 - Eligibility criteria and condition for exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify
				  for energy sales tax exemption for the retail sale, transmission, or
				  distribution of electricity and natural gas, an applicant shall be required:
1. To operate a manufacturing facility in a
				  qualified county; and
2. Employ at
				  least 50 people at that facility, at least 50 percent of whom are directly
				  employed in the manufacturing process.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.4 - Requests for applications and renewal applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  application requests shall be made to the New Jersey Economic Development
				  Authority, 36 West State Street, PO Box 990, Trenton, NJ 08625, on forms and/or
				  in a manner prescribed by the Authority.
(b) Annual renewal applications by applicants
				  satisfying the criteria of N.J.A.C. 19:31P-1.3 shall be required to be
				  submitted annually within 45 days prior to the expiration date of the energy
				  sales tax exemption.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.5 - Application submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants
				  shall submit to the Authority a completed Application for Energy Sales Tax
				  Exemption signed by an authorized representative of the business. The
				  application shall bear either a legible post-mark date or a date received stamp
				  from the Authority.
(b) Each
				  application for the energy sales tax exemption submitted to the Authority shall
				  include the following:
1. The name, address
				  and Employer Identification Number (EIN), also known as a Federal tax
				  identification number, of the applicant;
2. The address of the facility that is the
				  subject of this application;
3. The
				  number of total full-time employees at the facility for which the exemption
				  application is being submitted;
4.
				  The number of full-time employees at that facility that are directly employed
				  in the manufacturing process of the applicant;
5. The name and address of the company(ies)
				  that supply, transmit, and distribute electricity and natural gas to the
				  facility;
6. The account
				  identification numbers and billing information including contact name for each
				  account identified in (a)5 above;
7. An estimate of the facility's annual
				  quantity use of electricity and natural gas in units and in dollars;
8. A description of the nature of the
				  business and the facility for which the application is being made;
9. The North American Industrial
				  Classification System identification number(s) relating to the
				  applicant;
10. Certification that
				  the business applying for this program is not in default with any other program
				  administered by the State of New Jersey; and
11. Such additional information as may be
				  required by the Chief Executive Officer to provide a complete and accurate
				  description of a particular business that is applying for the
				  exemption.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.6 - Application review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall conduct a review of the applications in the order received,
				  commencing with the application bearing the earliest submission date. The
				  Authority may require the submission of additional information to complete the
				  application. Once the Authority determines that the application is complete,
				  the Authority has 20 days to determine whether:
1. The application complies with the
				  eligibility criteria;
2. The
				  application satisfies the submission requirements; and
3. The application adequately provides
				  information for the subject applicants.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.7 - Monitoring, inspection, and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority and agents of the State of New Jersey shall monitor compliance with
				  respect to the eligibility criteria and conditions for this energy sales tax
				  exemption. An applicant that is approved to receive this exemption benefit
				  shall permit any agency of the State of New Jersey to enter said business
				  during reasonable business hours to determine compliance with the eligibility
				  criteria and conditions of the program. Failure to permit access for this
				  purpose will result in the forfeiture of the exemption benefit and may require
				  repayment of sales and use tax previously exempted from payment, as the
				  Authority shall determine.
(b) Each
				  business that receives this energy sales tax exemption shall be required to
				  maintain records documenting all of its tax-exempt energy purchases. This
				  information must be supplied to the Authority upon request. In addition, a
				  report summarizing the totals of all exempt energy purchases must be provided
				  for the prior year as a component of the annual renewal application.
(c) The Chief Executive Officer shall provide
				  the President of the Board of Public Utilities and Director with an annual list
				  of all businesses that have been approved under this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.8 - Rescission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief
				  Executive Officer, in addition to any other rights or remedies available
				  pursuant to law, may withhold, reduce, or terminate this energy sales tax
				  exemption or any portion thereof for good cause. The circumstances under which
				  this may occur include, but are not limited to:
1. Failure to comply with the requirements of
				  this subchapter, or other applicable State laws or rules, such as failure to
				  maintain the employment levels or the direct employment in manufacturing
				  process required for eligibility;
2. Submission of false or misleading
				  information, or failure to submit relevant or complete information to the
				  Authority;
3. Any act of
				  insolvency, the filing of a petition in bankruptcy (voluntary or involuntary),
				  or the existence of other conditions affecting the financial integrity of the
				  business; or
4. Failure to comply
				  with any condition, term, or requirement of the Authority relating to this
				  program.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31P - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Subchapter 1 - ENERGY SALES TAX EXEMPTION PROGRAM FOR CERTAIN COUNTIES › Section 19:31P-1.9 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals pursuant to this subchapter shall be subject to the
					 appeal procedures governing the subchapter on sales and use tax exemption at
					 N.J.A.C. 19:31O-1.13.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Q - GROW NEW JERSEY ASSISTANCE PROGRAM › Subchapter 1 - GROW NEW JERSEY ASSISTANCE PROGRAM › Section 19:31Q-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter are promulgated by the New Jersey
					 Economic Development Authority ("EDA" or "Authority") to implement the Grow New
					 Jersey Assistance Act,
					 P.L.
					 2011, c. 149 (the Act).
					 The Act establishes the Grow New Jersey Assistance Program (the Program),
					 administered by the Authority, to encourage economic development and job
					 creation and to preserve jobs that currently exist in New Jersey but which are
					 in danger of being relocated outside of the State.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Q - GROW NEW JERSEY ASSISTANCE PROGRAM › Subchapter 1 - GROW NEW JERSEY ASSISTANCE PROGRAM › Section 19:31Q-1.4 - Restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority,
				  pursuant to P.L. 2013, c.
				  161, shall not enter into an incentive agreement
				  with a business that has previously received incentives pursuant to the
				  Business Retention and Relocation Assistance Act,
				  P.L.
				  1996, c. 25
				  (N.J.S.A.
				  34:1B-112 et seq.), the Business Employment
				  Incentive Program Act,
				  P.L.
				  1996, c. 26
				  (N.J.S.A.
				  34:1B-124 et seq.), or any other program
				  administered by the Authority unless:
1. The
				  business has satisfied all of its obligations underlying the previous award of
				  incentives or is compliant with section 4 at
				  P.L.
				  2011, c. 149
				  (N.J.S.A.
				  34:1B-245). In the instance of the business
				  terminating an existing incentive agreement in order to participate in an
				  incentive agreement authorized pursuant to
				  P.L.
				  2013, c. 161, the
				  Authority shall recapture all or part of any award, provided that such
				  permitted recapture may be calculated to recognize the period of time that the
				  business was in compliance prior to termination and such recapture amount may
				  be paid after approval by the Authority of the business's application for a tax
				  credit incentive award under
				  P.L.
				  2013, c. 161, but the
				  recapture amount must be paid before the Authority shall execute the incentive
				  agreement, which shall be executed within 18 months following the date of
				  approval of the business's application;
2. The capital investment incurred and new or retained full-time
				  jobs pledged by the business in the new incentive agreement are separate and
				  apart from any capital investment or jobs underlying the previous award of
				  incentives; or
3. The incentives
				  pursuant to the Business Retention and Relocation Assistance Grant (BRRAG)
				  Program Sales and Use Tax Exemption, sections 19 through 22 at
				  P.L.
				  2004, c. 65
				  (N.J.S.A.
				  34:1B-185 through 188) are awarded
				  simultaneously with the Grow New Jersey Tax credit.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Q - GROW NEW JERSEY ASSISTANCE PROGRAM › Subchapter 1 - GROW NEW JERSEY ASSISTANCE PROGRAM › Section 19:31Q-1.5 - Application submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application to the Authority made by
				  a business shall include the following information in an application format
				  prescribed by the Authority:
1. Business
				  information, including information on all affiliates contributing either
				  full-time employees or capital investment or both to the project, shall include
				  the following:
i. The name of the
				  business;
ii. The contact
				  information of the business;
iii.
				  The prospective future address of the business (if different);
iv. The type of the business;
v. The principal products and services and
				  three-digit North American Industry Classification System number;
vi. The New Jersey tax identification
				  number;
vii. The Federal tax
				  identification number;
viii. The
				  total number of full-time employees in New Jersey at the time of application
				  and in the last tax period prior to the credit amount approval;
ix. The total list of New Jersey
				  operations;
x. A written
				  certification by the chief executive officer, or equivalent officer for North
				  American operations, stating that the business applying for the program is not
				  in default with any other program administered by the State of New Jersey and
				  that he or she has reviewed the application information submitted and that the
				  representations contained therein are accurate;
xi. Disclosure of legal matters in accordance
				  with the Authority debarment and disqualification rules at N.J.A.C.
				  19:30-2;
xii. Submission of a tax
				  clearance certificate, pursuant to
				  P.L.
				  2007, c. 101;
xiii. A list of all the development
				  subsidies, as defined at
				  P.L.
				  2007, c. 200, that the
				  applicant is requesting or receiving, the name of the granting body, the value
				  of each development subsidy, and the aggregate value of all development
				  subsidies requested or received;
xiv. In the event that the business is a
				  partnership and chooses to allocate the revenue realized from the sale of the
				  tax credits other than as a proportion of the owners' distributive share of
				  income or gain of the partnership, the business shall provide an agreement that
				  sets forth the allocation among the owners. This agreement will be submitted to
				  the Director of the Division of Taxation in the Department of Treasury by such
				  time and with such information as the Director may require; and
xv. Any other necessary and relevant
				  information as determined by the Authority for a specific
				  application;