New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXII - Start-Up NY Program › Part 220 - Suny Tax-free Areas To Revitalize And Transform Upstate New York (start-up Ny) Program › Section 220.6 - Eligibility criteria for businesses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of this section, only
				eligible businesses located on eligible land shall be eligible to participate
				in the START-UP NY Program.
(b) The
				commissioner may seek and consider any information required to assess a
				business's eligibility in the START-UP NY Program.
(1) The following types of businesses are
				prohibited from participating in the START-UP NY Program:
(i) Retail and wholesale businesses. Retail
				businesses shall include establishments engaged in retailing merchandise,
				generally without transformation, and rendering services incidental to the sale
				of merchandise. Wholesale businesses shall include establishments engaged in
				wholesaling merchandise, generally without transformation, and rendering
				services incidental to the sale of merchandise. Merchandise includes the
				outputs of agriculture, mining, manufacturing, and certain information
				industries, such as publishing.
(ii) Restaurants. Restaurants shall include
				establishments that prepare meals, snacks, and beverages to customer order for
				immediate on-premises and off-premises consumption. This includes
				establishments that provide food and drink only, or various combinations of
				seating space, waiter/waitress services and incidental amenities, such as
				limited entertainment.
(iii) Real
				estate brokers. Real estate brokers shall include establishments that are
				engaged in renting or leasing real estate to others; selling, buying, or
				renting real estate for others; and providing other real estate related
				services, such as appraisal services.
(iv) Law firms or businesses providing legal
				services. Law firms or businesses providing legal services shall include
				establishments or offices of legal practitioners known as lawyers or attorneys
				(
i.e.
, counselors-at-law) primarily engaged in the practice of
				law. Establishments in this industry may provide expertise in a range or in
				specific areas of law, such as criminal law, corporate law, family and estate
				law, patent law, real estate law, or tax law.
(v) Medical or dental practices. Medical and
				dental practices shall include establishments that provide health care
				services, directly or indirectly, to patients.
(vi) Real estate management companies. Real
				estate management companies shall include establishments that are engaged in
				managing real estate for others and providing other real estate related
				services, such as appraisal services.
(vii) Hospitality. Hospitality-related
				businesses shall include establishments that provide lodging or short-term
				accommodations for travelers, vacationers, and others. Some provide lodging
				only; while others provide meals, laundry services, and recreational
				facilities, as well as lodging.
(viii) Finance and financial services.
				Finance and financial services businesses shall include establishments that are
				primarily engaged in financial transactions, that is, transactions involving
				the creation, liquidation, or change in ownership of financial assets, and/or
				in facilitating financial transactions.
(ix) Businesses providing personal services.
				Businesses providing personal services shall include businesses that provide
				personal and laundry services to individuals, households, and businesses.
				Services performed include: personal care services; death care services;
				laundry and dry cleaning services; and a wide range of other personal services,
				such as pet care services, photofinishing services, temporary parking services,
				and dating services.
(x) Businesses
				providing business administrative or support services, unless such business has
				received permission from the commissioner to apply to participate in the
				START-UP NY Program upon demonstration that the business would create no fewer
				than 100 net new jobs in the tax-free NY area. Businesses providing business
				administrative or support services shall include businesses that are engaged in
				activities that support the day-to-day operations of other organizations. These
				activities include general management, personnel administration, clerical
				activities, or cleaning activities.
(xi) Accounting firms or businesses providing
				accounting services. Accounting firms or businesses providing accounting
				services shall include establishments primarily engaged in providing services,
				such as auditing of accounting records, designing accounting systems, preparing
				financial statements, developing budgets, preparing tax returns, processing
				payrolls, bookkeeping, and billing.
(xii) Businesses providing utilities.
				Businesses that provide utilities shall include businesses that provide
				electric power, natural gas, steam supply, water supply, and sewage removal
				through a permanent infrastructure of lines, mains, and pipes.
(xiii) Businesses engaged in the generation
				or distribution of electricity, the distribution of natural gas, or the
				production of steam associated with the generation of electricity. Businesses
				engaged in the generation or distribution of electricity, the distribution of
				natural gas, or the production of steam associated with the generation of
				electricity shall include businesses that generate or distribute electric
				power, natural gas, or steam supply through a permanent infrastructure of
				lines, mains, and pipes.