reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 210 - Purpose And Definitions › Section 210.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of these regulations is to set forth the administrative process
				governing the Empire State Jobs Retention Program (program) and specifically to
				establish an application process, standards for application evaluation and
				procedures for businesses claiming the tax credit under this program. Chapter
				56 of the Laws of 2011 establishes the program and grants the commissioner of
				the Department of Economic Development the authority to promulgate regulations
				to establish procedures for the allocation of the Empire State Jobs Retention
				Program tax credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 211 - Application And Review Process › Section 211.1 - Application and review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				applicant must submit a complete application as prescribed by the
				commissioner.
(b) Such completed
				application must be submitted to the commissioner within:
(1) 180 days of the declaration of an
				emergency by the governor in the county in which the business enterprise is
				located; or
(2) 180 days of the
				enactment of chapter 56 of the Laws of 2011, if such date is later than the
				date specified in subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 211 - Application And Review Process › Section 211.2 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be a
				participant in the Empire State Jobs Retention Program, an applicant must be
				operating predominantly in a strategic industry as defined in subdivision (b)
				of this section and meet the job retention requirements for strategic
				industries as outlined in subdivision (c) of this section. When determining
				whether an applicant is operating predominantly in a strategic industry the
				commissioner will examine the nature of the business activity at the location
				for the proposed project and will make eligibility determinations based on such
				activity.
(b) Strategic industries
				shall consist of the following:
(1) financial
				services data center or a financial services back office operation;
(2) manufacturing;
(3) software development and new
				media;
(4) scientific research and
				development;
(5)
				agriculture;
(6) the creation or
				expansion of back office operations in the State; or
(7) distribution center.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 211 - Application And Review Process › Section 211.3 - Evaluation standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				evaluation standards which may be utilized by the commissioner when determining
				whether to admit an applicant to the program include the following:
(1) whether the applicant is proposing to
				substantially renovate contaminated, abandoned or underutilized facilities;
				or
(2) whether the applicant will
				use energy-efficient measures, including, but not limited to, the reduction of
				greenhouse gas and emissions and the Leadership in Energy and Environmental
				Design (LEED) green building rating system for the project identified in its
				application; or
(3) the degree of
				economic distress in the area where the applicant will locate the project
				identified in its application; or
(4) the degree of applicant's financial
				viability, strength of financials, readiness and likelihood of completion of
				the project identified in the application; or
(5) the degree to which the project
				identified in the application supports New York State's minority and women
				business enterprises; or
(6) the
				degree to which the project identified in the application supports the
				principles of smart growth as defined in section
				210.2(q) of this
				Title; or
(7) the estimated return
				on investment that the project identified in the application will provide to
				the State; or
(8) the overall
				economic impact that the project identified in the application will have on a
				region, including, but not limited to, the impact of any direct and indirect
				jobs that will be retained or created; or
(9) the degree to which other state or local
				incentive programs are available to the applicant; or
(10) the likelihood that the project
				identified in the application would be located outside of New York State or
				would not occur but for the availability of State or local incentives;
				or
(11) the recommendation of the
				relevant regional economic development council or the commissioner's
				determination that the proposed project aligns with the regional strategic
				priorities of the respective region.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 212 - Claiming Credits › Section 212.1 - Claiming credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				participant must submit evidence of retaining impacted jobs to the department
				in order to receive benefits under the program.
(b) Such evidence may include, but not be
				limited to, submission of the NYS-45 form. This evidence will serve to
				demonstrate that the participant has satisfied all applicable eligibility
				requirements and form the basis for the jobs retention tax credit.
(c) If a participant fails to demonstrate
				that it has satisfied the eligibility requirements set forth in section
				211.2 of this Title, the department
				shall not issue such participant a certificate of tax credit.
(d) After reviewing such evidence and finding
				it sufficient, the department shall calculate the appropriate amount of tax
				credit and issue a certificate of tax credit for one taxable year. The
				certificate shall specify the exact amount of the job retention tax credit that
				a participant may claim under this program, and shall specify the taxable year
				in which such credit may be claimed. The tax credit can only be claimed on tax
				returns for the tax year indicated on the certificate. If the participant is a
				business entity that passes through the tax credit to its owners (such as
				partners in a partnership or members in a limited liability company), such
				owners can only claim their share of the tax credit on the tax return that
				corresponds to the tax year indicated on the certificate issued to the
				participant. In order to receive a certificate of tax credit for subsequent
				taxable years, the participant must submit to the department a performance
				report demonstrating that the participant continues to satisfy the eligibility
				criteria specified in section
				211.2 of this Title.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 213 - Calculation Of The Tax Credits › Section 213.1 - Calculation of the tax credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall calculate the amount of Empire State Jobs Retention Program
				credit for which the participant is eligible pursuant to section
				211.2 of this Title.
(b) A participant in the program shall be
				eligible to claim a credit for retention of the impacted jobs. The amount of
				such credit per job shall be equal to the product of gross wages and 6.85
				percent.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 213 - Calculation Of The Tax Credits › Section 213.2 - Refundability of credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Empire
				State Jobs Retention Program credit established in this section shall be
				refundable as provided in the Tax Law. If a participant fails to satisfy the
				eligibility criteria in any one year, it will lose the ability to claim credit
				for that year.
(b) The event of
				such failure shall not extend the original 10-year eligibility
				period.
(c) The business enterprise
				shall be allowed to claim the credit as prescribed in section
				36 of the Tax Law; provided, however, a
				business enterprise shall not be allowed to claim the credit prior to tax year
				2012.
(d) A participant may be
				eligible for benefits under this article as well as article 17 of the Economic
				Development Law, provided the participant can only receive benefits pursuant to
				subdivision 2 of section
				355 of
				the Economic Development Law for costs in excess of costs recovered by
				insurance.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 214 - Record Retention And Reporting Requirements › Section 214.1 - Record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				participant shall keep all relevant records for their duration of program
				participation plus three years.
(b)
				The department shall have the right to inspect all relevant records upon
				reasonable notice to the participant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 214 - Record Retention And Reporting Requirements › Section 214.2 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				participant must submit a performance report annually, in such form as the
				commissioner may require within 30 days of the end of its taxable
				year.
(b) The commissioner shall
				prepare on a quarterly basis a program report for posting on the department's
				website. The first report will be due June 30, 2013, and every three months
				thereafter. Such report shall include, but not be limited to, the following
				information: number of applicants; number of participants approved; names of
				participants; total amount of benefits certified; benefits received per
				participant; total number of retained jobs and such other information as the
				commissioner determines necessary.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 215 - Removal From Program › Section 215.1 - Removal from program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner shall remove any participant from the program for failing to meet
				any of the requirements set forth in section
				211.1(c) of this
				Title, or for failing to meet the requirements set forth in section
				211.2(c) or (d) of
				this Title.
(b) If the commissioner
				has removed the participant from the program pursuant to subdivision (a) of
				this section, the commissioner shall notify the participant of such removal in
				writing. Such notice of removal shall explain the reason or reasons for the
				removal from the program. The notice of removal shall state the effective date
				of removal, and advise the participant that it may appeal the removal in
				accordance with Part 216 of this Title. Such notice may be served by the
				department on the participant by certified, registered or overnight mail sent
				to the participant at the address last provided to the department by the
				participant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 216 - Appeal Procedures › Section 216.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to all appeals taken as a result of a participant being removed from the
				program pursuant to section
				215.1(a) of this
				Title.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 216 - Appeal Procedures › Section 216.3 - Notice of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				participant that received a notice of removal pursuant to section
				215.1(b) of this
				Title may send a written notice ("Notice of Appeal") to the commissioner
				appealing the removal by no later than 30 days from the date of the mailing of
				the notice. Failure by a participant to appeal the commissioner's denial or
				removal of certification within the aforementioned 30 day period will be deemed
				a waiver of the participant's right to an appeal.
(b) The Notice of Appeal must contain
				specific factual information and documentation supporting the basis for the
				appeal and all legal arguments that are the basis for the participant's
				challenge to the removal.
(c) All
				Notice of Appeals must be sent to the name and address indicated on the Notice
				of Removal.
(d) Counsel to the
				department may file a response to the Notice of Appeal with the appeal officer.
				Any response should address the factual and legal allegations contained in the
				Notice of Appeal. A copy of the response shall be sent to the participant, or
				to the attorney representing the participant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 216 - Appeal Procedures › Section 216.4 - Authority of appeal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				appeal officer shall evaluate the merits of the appeal and any response from
				counsel to the department. Where the appeal officer deems it appropriate, the
				appeal officer may require the participant or counsel to the department to
				address additional issues and/or submit additional information regarding the
				appeal. If the appeal officer requires submission of additional documents by
				either participant or counsel to the department, both parties shall receive
				copies of all submissions.
(b)
				Nothing herein shall preclude the appeal officer from obtaining information
				from any outside source, as he or she deems appropriate.
(c) The appeal officer shall determine
				whether he or she deems it necessary to conduct a fact-finding hearing, and the
				level of formality of any hearing conducted.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 216 - Appeal Procedures › Section 216.5 - Appeal officer's report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The appeal
				officer shall prepare a report and make recommendations to the commissioner.
				The recommendations may be in the form of a proposed decision which will
				contain findings of fact and conclusions of law. This report, along with the
				entire record, shall be transmitted to the commissioner, the counsel to the
				department, and the business entity that filed the appeal.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 216 - Appeal Procedures › Section 216.6 - Appeal decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				receipt of the appeal officer's report, the commissioner will issue a final
				determination and serve a copy on the participant or its representative and the
				commissioner of the Department of Taxation and Finance. If the commissioner
				issues a final determination that includes findings of fact or conclusions of
				law that conflict with the recommendations of the appeal officer, the
				determination shall set forth the reasons therefore.
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 220.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of these regulations is to establish procedures and guidelines for
				the SUNY tax free areas to revitalize and transform upstate New York Program
				("START-UP NY Program") established by article 21 of the Economic Development
				Law (EDL). Pursuant to sections 435 and 436 of the EDL, the Commissioner of
				Economic Development is authorized to promulgate regulations to establish,
				among other things:
(1) a process for the
				submission and approval of plans to designate tax-free NY areas;
(2) the eligibility criteria that will be
				applied in evaluating those plans;
(3) a process for the evaluation and possible
				rejection of applications by businesses desiring to participate in the START-UP
				NY Program;
(4) eligibility
				criteria that will be applied in evaluating those applications;
(5) a process for terminating a business from
				the START-UP NY Program; and
(6) a
				process for administrative appeals of such terminations.
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 220.3 - Role of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner reviews and approves all plans for approval of eligible land or
				vacant space as a tax-free NY area from SUNY, CUNY, and community colleges that
				wish to become a sponsor, except those required by section 435 of the EDL to be
				reviewed by the START-UP NY Approval Board. As part of this review and approval
				process, the commissioner can consider any information available, including all
				information submitted by the sponsor applicants.
(b) The commissioner reviews all business
				applications and may reject any applications from businesses that wish to
				locate onto an approved tax-free NY area and participate in the program. As
				part of this review process, the commissioner can consider any information
				available, including all information submitted by the business.
(c) The commissioner monitors land and space
				designated as tax-free NY areas to ensure compliance with regional limitations
				on the designation of land and space as tax-free NY areas.
(d) The commissioner monitors the number of
				employees eligible for the personal income tax benefit and coordinates with the
				Department of Taxation and Finance to ensure compliance with program
				requirements.
(e) The commissioner
				receives, reviews and acts on reports on businesses participating in the
				program regarding, among other things, new job creation and other eligibility
				criteria.
(f) The commissioner
				reviews and may remove any business from the program that fails to meet the
				eligibility requirement of article 21 of the New York State Economic
				Development Law or any of the requirements herein.
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 220.4 - START-UP NY Approval Board

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each member of the START-UP NY Approval Board shall be entitled to designate a
				representative to attend meetings of the board in his or her place, and to vote
				or otherwise act on his or her behalf in his or her absence. Notice of such
				designation shall be furnished in writing to the board by the designating
				member. A representative shall serve at the pleasure of the designating member.
				A representative shall not be authorized to delegate any of his or her duties
				or functions to any other person.
(b) The board is responsible for the review
				and approval of plans for approval as a tax-free NY area from private
				universities and colleges that wish to become a sponsor. The board also reviews
				and approves plans submitted by certain SUNY, CUNY, or community college
				campuses seeking designation of tax-free NY areas as described in section
				220.5 of this Part.
(c) The board, by majority vote, shall also
				designate as tax-free NY areas up to 20 strategic State assets, in addition to
				certain START-UP NY airport facilities and correctional facilities, as defined
				in section 220.2 of this Part. Each strategic
				State asset, START-UP NY airport facility, and correctional facility shall be
				affiliated with a SUNY, CUNY, community college, or private university or
				college and such designation shall require the support of the affiliated
				university or college. Each strategic State asset and START-UP NY airport
				facility may not exceed a maximum of 200,000 square feet of vacant land or
				vacant building space designated as a tax-free NY area.
(d) In addition, the board may approve:
(1) one plan that includes eligible land
				owned or leased by a CUNY that is directly adjacent to a CUNY campus;
(2) one plan that includes eligible land
				owned or leased by a SUNY, community college, or private university or college
				in Nassau County or Suffolk County that is directly adjacent to such college's
				or university's campus; and
(3) one
				plan that includes eligible land owned or leased by a SUNY, community college,
				or private university or college in Westchester County that is directly
				adjacent to such college's or university's campus. The board may approve an
				additional plan, for a SUNY, community college, or private university or
				college in Nassau or Suffolk County not previously approved, in which case it
				shall also approve a second plan for eligible land or space not previously
				approved for a CUNY.
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 220.5 - Eligibility criteria for designation as a tax-free NY area

Current through Register Vol. 46, No. 28, July 10, 2024
Only certain land and buildings located on the campuses of a
				  SUNY or CUNY, community colleges, certain properties of private colleges and
				  universities, certain properties outside the campuses of a SUNY or CUNY,
				  community college or private colleges or universities, designated New York
				  State incubators, strategic State assets, START-UP NY airport facilities, and
				  correctional facilities, as defined in section
				  220.2 of this Part, shall be
				  eligible for designation as a tax-free NY area.
(a) For SUNY and community college campuses
				in upstate New York, excluding all Empire State College campuses except for the
				Empire State College campus in Saratoga Springs:
(1) Any vacant space in any building located
				on campus shall be eligible for designation as a tax-free NY area.
(2) Any vacant land on campus shall be
				eligible for designation as a tax-free NY area.
(3) Up to a total of 200,000 square feet of
				vacant land or vacant building space located within one mile of a perimeter of
				a SUNY or community college campus shall be eligible for designation as a
				tax-free NY area.
(i) Upon application from
				such SUNY or community college and in consultation with the chancellor or his
				or her designee, the commissioner may qualify identified vacant land or
				identified vacant space in a building that is located more than one mile from
				its campus as eligible for purposes of this program if the commissioner
				determines that the SUNY or community college has shown that the use of the
				land or space will be consistent with the requirements of this
				program.
(4) A New York
				State incubator with a bona fide affiliation to the SUNY or community
				college-which therefore must involve a partnership to provide assistance and
				physical space to eligible businesses towards the goals of jointly creating
				jobs and incubating new startup businesses, and which must be aligned with or
				furthering the academic mission of the SUNY or community college-shall be
				eligible for designation as a tax-free NY area.
(5) No academic programs, administrative
				programs, offices, housing facilities, dining facilities, athletic facilities,
				or any other facility, space or program that actively serves students, faculty
				or staff may be closed or relocated in order to create vacant land or space to
				be utilized for the program.
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 220.7 - Application process for eligible State university campuses, community colleges and city university campuses for approval as a tax-free NY area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				become a sponsor, an eligible SUNY, CUNY or community college must submit a
				plan for approval to the commissioner containing, among other things:
(1) specification or identification of space
				or land proposed for designation as a tax-free NY area identifying the
				following:
(i) name and address of the SUNY,
				CUNY or community college seeking approval as a sponsor, the address of the
				space or land proposed for designation as a tax-free NY area, and a written
				description of the physical characteristics of the area for
				designation;
(ii) digital files
				containing data, such as a polygon shapefile or other format approved by the
				commissioner, that delineates the area proposed for designation;
(iii) digital files containing data, such as
				a point shapefile or other format approved by the commissioner, that provides
				locations of the area proposed for designation. Such files must include a
				unique identifier for each feature;
(iv) digital files containing a chart that
				includes name of city, town or village where the area proposed for designation
				is located; street address; zip code; name of property owner; type of property;
				parcel identification number (if applicable and available); vacant building
				name/number; type of vacant space; total square footage of area for
				designation; unique identifier; and any geographic information system (GIS)
				maps or other format approved by the commissioner, as indicated on the
				application form, of the area comprising the proposed tax-free NY area, showing
				existing streets, highways, waterways, natural boundaries and other physical
				features;
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 220.8 - Application process for eligible private university or college campuses for approval as a tax-free NY area

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				In order to become a sponsor, an eligible private university or college campus
				must submit a plan for approval to the commissioner containing, among other
				things:
(1) specification or identification
				of the space or land proposed for designation as a tax-free NY area identifying
				the following:
(i) name and address of the
				university or college campus seeking approval as a sponsor, the address of the
				space or land proposed for designation, and a written description of the
				physical characteristics of the area for designation;
(ii) digital files containing data, such as a
				polygon shapefile or other format approved by the commissioner, that delineates
				the area proposed for designation;
(iii) digital files containing data, such as
				a point shapefile or other format approved by the commissioner, that provides
				locations of the area proposed for designation. Such files must include a
				unique identifier for each feature;
(iv) digital files containing a chart that
				includes name of city, town or village where the area proposed for designation
				is located; street address; zip code; name of property owner; type of property;
				parcel identification number (if applicable and available); vacant building
				name/number; type of vacant space; total square footage of area for
				designation; unique identifier; and any geographic information system (GIS)
				maps or other format approved by the commissioner, as indicated on the
				application form, of the area comprising the proposed tax-free NY area, showing
				existing streets, highways, waterways, natural boundaries and other physical
				features;
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 220.9 - Procedures for amending approved plans seeking designation of tax-free NY areas

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to any amendments to plans seeking
				  designation of tax-free NY areas that have been approved by the commissioner or
				  the START-UP NY Approval Board.
(a) A
				sponsor may seek to amend or modify the approved plan at any time. Amendments
				or modifications shall be submitted in the same manner as the original plan.
				The amendment must be submitted for approval pursuant to the procedures and
				requirements set forth in section 220.7 or
				220.8 of this Part, whichever is
				applicable.
(b) Where a business
				has located and been approved to participate in the START-UP NY Program,
				amendments or modifications to the sponsor's plan may not violate the terms of
				any lease with such business in the approved tax-free NY area.
(c) Where a business that has located and
				been approved to participate in the START-UP NY Program is terminated from the
				program because it no longer meets the eligibility requirements of the program,
				and the business chooses not to relocate from the approved tax-free NY area,
				and the business does not have a lease with the sponsor, the sponsor may seek
				to amend or modify the plan to allocate an amount of vacant land or space equal
				to the amount of space occupied by the terminated business.
(d) Any amendments or modifications must be
				approved pursuant to the procedures and requirements set forth in section 220.7
				or 220.8 of this Part, whichever is
				applicable.
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 220.11 - Amendments to a business's application for acceptance into the program

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to any amendments made to the original
				  application following approval of the business applicant into the program
				  pursuant to section
				  220.10 of this Part.
(a) Following approval and acceptance into
				the program, a business may amend any part of its application at any time to
				reflect any changes, so long as the amendments are made in the same manner as
				the application for participation in the program. A business may amend its
				schedule of job creation in the same manner that it applied for participation
				in the program, and any increase in eligibility for personal income tax
				benefits on behalf of additional net new jobs shall be subject to the
				limitations of section
				220.6 of this Part.
(b) If the original application included a
				lease between the business applicant and a SUNY college or university, any
				amendments to the application may not violate the terms of such lease or
				provide for any contradictory terms.
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 220.12 - Re-application process for businesses rejected from the program

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to re-applications made as a result of
				  an applicant being rejected from the program for failing to meet the
				  requirements of section
				  220.6 of this Part or any other
				  requirement, as well as the intended purpose, of article 21 of the EDL,
				  pursuant to section
				  220.10 of this Part.
(a) With sponsor approval, an applicant that
				has been rejected from the program may choose to locate into a tax-free NY area
				but will not be eligible for any of the benefits associated with the
				program.
(b) An applicant that has
				been disapproved or rejected from the START-UP NY Program may submit a
				re-application to the commissioner by submitting, in writing within 60 days of
				receipt of written rejection, a request for re-application. The request must
				identify the basis for the disapproval or rejection, as well as specific
				factual information (along with documentation establishing that information)
				and any arguments in support of the re-application. Failure by a business to
				request re-application within the aforementioned 60-day period will be deemed a
				waiver of the applicant's ability to submit a re-application.
(c) The commissioner may review all arguments
				contained in the re-application, all information in the original submissions,
				as well as any information independently obtained. Nothing herein precludes the
				commissioner from obtaining information from any outside source, as deemed
				appropriate. The commissioner may request additional information from the
				applicant in support of the re-application. At the commissioner's sole
				discretion, the commissioner may conduct an in-person interview with any person
				who has information regarding the application. The level of formality of any
				interview shall be at the discretion of the commissioner.
(d) The commissioner shall notify the
				sponsor, within 60 days of receipt of an applicant's complete re-application,
				of the commissioner's approval or disapproval of the re-application. A
				disapproval of a re-application will be deemed final and
				non-appealable.
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 220.13 - Auditing process

Current through Register Vol. 46, No. 28, July 10, 2024
The department, the Department of Taxation and Finance, and
				  the Department of Labor shall have access to all information, records, and
				  documents of a business located in a tax-free NY area and participating in the
				  START-UP NY Program. Such access shall be provided during normal business hours
				  at an office of the business within the State of New York for the purposes of
				  inspection, auditing and copying. The aforementioned agencies shall take
				  reasonable steps to protect from public disclosure any records that are exempt
				  from disclosure under section
				  87 of the
				  Public Officers Law, provided that the business, in accordance with section
				  89
				  (5) of the Public Officers Law, identifies
				  the records or portions of records that should be excepted from disclosure and
				  states the reasons for such exception. Nothing herein shall diminish an
				  agency's rights or obligations under the Freedom of Information Law, or in any
				  way adversely affect New York State's right to discovery in any pending or
				  future litigation.
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 220.14 - Removal of business from the program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A business that violates any New York
				State laws, including but not limited to tax, labor and civil rights laws, or
				is found to have materially misrepresented facts in its application for
				participation in the program, or moves out of a tax-free NY area will be
				subject to immediate termination from the program.
(b) If the sponsor determines that a business
				no longer satisfies any of the eligibility criteria set forth in section
				220.6 of this Part or any other
				requirement, as well as the intended purpose, of article 21 of the EDL, the
				sponsor may recommend to the commissioner that the business be immediately
				removed from participation in the program.
(c) The commissioner shall remove any
				business from the program for failing to meet any of the eligibility criteria
				set forth in section
				220.6 of this Part or any other
				requirement, as well as the intended purpose, of article 21 of the
				EDL.
(d) If the commissioner has
				removed the business from the program, the commissioner shall notify the
				sponsor and the business of such removal in writing. Such notice of removal
				shall explain the reason or reasons for the removal from the program. The
				notice of removal shall state the effective date of removal, and advise the
				business that it may appeal the removal in accordance with section
				220.15 of this Part. Such notice
				may be served by the department on the business by certified, registered or
				overnight mail sent to the business at the address last provided to the
				department by the business and shall be deemed served three business days after
				being sent.
(e) A copy of the
				notice of removal shall be sent to the Commissioner of Taxation and Finance
				within 30 days following a final appeal determination or waiver of
				appeal.
(f) Upon such removal, such
				business shall not be eligible for the tax benefits described under section
				39 of the Tax Law for that or any future
				taxable year, calendar quarter or sales tax quarter, although an employee of
				such business may continue to claim the tax benefit for their wages during the
				remainder of that employee's taxable year.
(g) Any lease or contract between a sponsor
				and a business removed from the program shall be rescinded, effective on the
				30th day after the commissioner serves a removal notice on such business, and
				the land or space and any improvements thereon shall revert to the
				sponsor.
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 220.15 - Appeal procedures for businesses upon removal from the program

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to appeals taken as a result of a
				  business being removed from the program pursuant to section
				  220.14 of this Part.
(a) The commissioner may designate any
				impartial person or persons to act as an appeal officer. Such persons may not
				include a member of the START-UP Approval Board or anyone with a real or
				perceived conflict of interest.
(b)
Notice of appeal.
(1) A business
				that received a removal notice pursuant to section
				220.14 of this Part may send a
				written notice of appeal to the commissioner appealing the removal by no later
				than 30 days from the date of service of the removal notice. Failure by a
				business to appeal the commissioner's denial or removal of certification within
				the 30-day period will be deemed a waiver of the business's right to an
				appeal.
(2) The notice of appeal
				must contain specific factual information (along with documentation
				establishing that information), and all legal arguments that are the basis for
				the business's challenge to the removal.
(3) A notice of appeal must be sent to the
				commissioner at the address indicated in the removal notice.
(4) Counsel to the department may file a
				response to the notice of appeal with the appeal officer. Any response should
				address the factual and legal allegations contained in the notice of appeal. A
				copy of the response shall be sent to the business, or to the attorney
				representing the business.
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 220.16 - Disclosure authorization, annual verification and required reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By submitting
				an application for participation in the program, the business authorizes the
				commissioner to disclose publicly the name and address of the business to be
				located within a tax-free NY area, as well as any other information contained
				in such business' application, including the projected number of net new jobs
				to be created.
(b) Each business
				must submit an annual performance and verification report, in such form as the
				commissioner may require, on or before March 15th of each year or, for years in
				which March 15th is not a New York State business day, the New York State
				business day immediately following March 15th. The annual report shall include,
				among other things:
(1) certification of
				continued eligibility in the program;
(2) the number of net new jobs
				created;
(3) the number of net new
				jobs maintained from the previous calendar year;
(4) wages paid during the year to its
				employees employed in the net new jobs created in the tax-free NY
				area.
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 220.17 - Freedom of Information Law and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, to the extent
				practicable and legally permissible, may disclose publicly the names and
				addresses of the businesses receiving any of the tax benefits specified in this
				section. In addition, the commissioner may disclose publicly the amounts of
				such benefits allowed to each such business, and whether or not a business
				created or maintained net new jobs during the taxable year.
(b) The commissioner, to the extent
				practicable and legally permissible, may publicly disclose the aggregate
				amounts of such tax exemption allowed to employees. In addition, the
				commissioner may publicly disclose the number of net new jobs any business
				reports on its tax return or report or any other information necessary for the
				commissioner or the sponsor to monitor and enforce compliance with the law,
				rules and regulations governing the program.
(c) Notwithstanding any provision to the
				contrary, the Commissioner of Taxation and Finance, in determining whether a
				business or any of its owners is entitled to the tax benefits under the
				program, may utilize and if necessary, disclose to the commissioner,
				information derived from the tax returns of such business or related persons of
				such business and wage reporting information relating to any employees of such
				business or its related persons.
(d)
Freedom of Information Law
				disclosure waiver.
(1) Except to the
				extent required by any law, regulation, judicial or administrative process,
				including, but not limited to the Freedom of Information Law, article 6 of the
				Public Officers Law, proprietary information or supporting documentation
				submitted by a business to a sponsor shall be utilized only for the purpose of
				evaluating such business's application or compliance with the provisions of
				article 21 of the EDL and shall not be otherwise disclosed.
(2) Any person who willfully discloses such
				information to a third party for any other purpose whatsoever shall be guilty
				of a misdemeanor except if:
(i) such person
				is required or authorized to disclose such information pursuant to any law,
				regulation, judicial or administrative process including the Freedom of
				Information Law;
(ii) such
				information otherwise becomes publicly available through no fault of such
				person;
(iii) such information
				becomes available on a non-confidential basis from a source other than the
				business;
(iv) such information is
				known prior to its receipt from the business or without any obligations of
				confidentiality with respect thereto; or
(v) such information is developed
				independently of any disclosure made by the business of any proprietary
				information.
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 220.18 - Record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				business located in a tax-free NY area and receiving tax benefits through the
				program shall keep all relevant records for the duration of program
				participation plus three years.
(b)
				The department shall have the right to inspect all relevant records upon
				reasonable notice to the sponsor or business.
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 220.19 - Penalties for fraud in the program

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner determines that any business located in a
				  tax-free NY area and participating in the program has acted fraudulently in
				  connection with its participation in such program, such business:
(a) shall be immediately terminated from the
				program;
(b) shall be subject to
				applicable criminal penalties, including but not limited to the felony crime of
				offering a false instrument for filing in the first degree pursuant to section
				175.35 of the
				Penal Law; and
(c) shall be
				required in that year to add back to tax the total value of the tax benefits
				described in section
				39 of the Tax Law that such business has
				received and that the employees of such business have received up to the date
				of such finding. The amount required to be added back shall be reported on such
				business's corporate franchise report if such business is taxed as a
				corporation or on the corporate franchise tax reports or personal income tax
				returns of the owners of such business if such business is taxed as a sole
				proprietorship, partnership or New York S corporation.