New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIX - Excelsior Jobs Program › Part 191 - Application And Review Process › Section 191.1 - 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) As part of such
				application, an applicant must:
(1) agree to
				allow the Department of Taxation and Finance to share its tax information with
				the department. Note that the form created by the department to effectuate this
				information transfer may only be executed by a person with authority to act on
				the business entity's behalf in this regard. However, any information shared as
				a result of this agreement shall not be available for disclosure or inspection
				under the State Freedom of Information Law; and
(2) agree to allow the Department of Labor to
				share its tax and employer information with the department. Note that the form
				created by the department to effectuate this information transfer may only be
				executed by a person with authority to act on the business entity's behalf in
				this regard. However, any information shared as a result of this agreement
				shall not be available for disclosure or inspection under the State Freedom of
				Information Law; and
(3) allow the
				department and its agents access to any and all books and records deemed
				relevant by the department to monitor compliance with the provisions of article
				17 of the Economic Development Law; and
(4) agree to be permanently disqualified for
				empire zone benefits at any location or locations that qualify for Excelsior
				Jobs Program benefits if admitted into the Excelsior Jobs Program for such
				location or locations; and
(5)
				provide, upon request by the department, all of the following information:
(i) a plan outlining the schedule for meeting
				the job and investment requirements (such plan must include details on job
				titles and expected salaries);
(ii)
				the prior three years of Federal and State income or franchise tax returns,
				unemployment insurance quarterly returns, real property tax bills and audited
				financial statements;
(iii) the
				amount and description of projected qualified investments for which it plans to
				claim the Excelsior Investment Tax Credit;
(iv) an estimate of the portion of any
				Federal research and development tax credits, attributable to research and
				development activities conducted in New York State, that it anticipates
				claiming for the years it expects to claim the Excelsior Research and
				Development Credit;
(v) the
				employer identification or social security numbers for all related persons to
				the applicant, including those of any members of a limited liability company or
				partners in a partnership; and
(6) provide a clear and detailed presentation
				of all related persons to the applicant to assure the department that jobs are
				not being shifted within the State; and
(7) certify, under penalty of perjury, that
				it is in substantial compliance with all environmental, worker protection, and
				local, State, and Federal tax laws; and
(8) for Green CHIPS projects, submit a Green
				CHIPS sustainability plan and a Green CHIPS community plan.