New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 7 - CORPORATION BUSINESS TAX ACT › Subchapter 3A - URBAN ENTERPRISE ZONES ACT › Section 18:7-3A.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.
A "qualified business" means either:
1. An entity authorized to do business in New Jersey which, at
				  the time of designation as an enterprise zone, is engaged in the active conduct of a
				  trade or business in that zone; or
2. An entity which, after that designation but during the
				  designation period of 20 years, becomes newly engaged in the active conduct of a
				  trade or business in that zone, and has at least 25 percent of its full-time
				  employees employed at a business location in the zone, who meet at least one of the
				  following criteria:
i. Resident within the zone, within another zone, or within a
				  qualifying municipality;
ii. Either unemployed, while residing in New Jersey, for at least
				  six months prior to being hired, or recipients of New Jersey public assistance
				  programs, for at least six months prior to being hired;
iii. Determined to be economically disadvantaged pursuant to the
				  Jobs Training Partnership Act, P.L. 97-300 ( 29 U.S.C. §§ 1501 et seq.).
				  Section 1503(8) of that Act defines the term as follows:
"The term 'economically disadvantaged' means an individual who
				  (A) receives, or is a member of a family which receives, cash welfare payments under
				  a Federal, state or local welfare program; (B) has, or is a member of a family which
				  has received a total family income for the six-month period prior to application for
				  the program involved (exclusive of unemployment compensation, child support
				  payments, and welfare payments) which, in relation to family size, was not in excess
				  of the higher of (i) the poverty level determined in accordance with criteria
				  established by the Director of the Office of Management and Budget, or (ii) 70
				  percent of the lower living standard income level; (C) is receiving food stamps
				  pursuant to the Food Stamp Act of 1977; (D) is a foster child on behalf of whom
				  state or local government payments are made; or (E) in cases permitted by
				  regulations of the Secretary (U.S. Secretary of Labor), is an adult handicapped
				  individual whose own income meets the requirements of clause (A) or (B), but who is
				  a member of a family whose income does not meet such requirements."
For purposes of the corporation business tax credits, the
				  "qualified business" must be a corporation.
"Enterprise zone" or "zone" means an urban enterprise zone
				  designated by the Urban Enterprise Zone Authority under
				  52:27H-60 et seq.
"Qualifying municipality" means any municipality in which there
				  was, in the last full calendar year immediately preceding the year in which the
				  municipality makes application for enterprise zone designation, an annual average of
				  at least 2,000 unemployed persons, and in which the municipal average annual
				  unemployment rate for that year exceeded the state average annual unemployment rate;
				  except that any municipality that qualifies for state aid pursuant to P.L. 1978, c.
				  14 (52:27D-178 et seq.) shall qualify if
				  its municipal average unemployment rate for that year exceeded the state average
				  annual unemployment rate. The annual average of unemployed persons and the average
				  annual unemployment rates shall be estimated for the relevant calendar year by the
				  Office of Labor Statistics, Division of Planning and Research of the State
				  Department of Labor. For purposes of P.L. 1983, c. 303 (52:27H-60 et seq.), the seven
				  municipalities in which the six enterprise zones are to be designated pursuant to
				  criteria according priority consideration for designation of these zones pursuant to
				  section 7 of P.L. 1983, c. 303 (52:27H-66 ) shall be
				  deemed qualifying municipalities.