New Jersey § 34:1b-125

§ 34:1b-125.

As used in sections 1 through 17 of P.L.1996, c. 26 ( C.34:1B-124 et seq. ) and in sections 9 through 11 of P.L.2003, c. 166 ( C.34:1B-139.1 through C.34:1B-139.3 ), unless a different meaning clearly appears from the context: “ Advanced computing ” means a technology used in the designing and developing of computing hardware and

software, including innovations in designing the full spectrum of hardware from hand-held

calculators to super computers, and peripheral equipment. “ Advanced computing company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of advanced computing

for the purpose of developing or providing products or processes for specific commercial

or public purposes. “ Advanced materials ” means materials with engineered properties created through the development of specialized

processing and synthesis technology, including ceramics, high value-added metals,

electronic materials, composites, polymers, and biomaterials. “ Advanced materials company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of advanced materials

for the purpose of developing or providing products or processes for specific commercial

or public purposes. “ Application year ” means the grant year for which an eligible partnership submits the information required

under section 8 of P.L.1996, c. 26 ( C.34:1B-131 ). “ Authority ” means the New Jersey Economic Development Authority created pursuant to section

4 of P.L.1974, c. 80 ( C.34:1B-4 ). “ Base years ” means the first two complete calendar years following the effective date of an agreement. “ Biotechnology ” means the continually expanding body of fundamental knowledge about the functioning

of biological systems from the macro level to the molecular and sub-atomic levels,

as well as novel products, services, technologies, and sub-technologies developed

as a result of insights gained from research advances which add to that body of fundamental

knowledge. “ Biotechnology company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of biotechnology for

the purpose of developing or providing products or processes for specific commercial

or public purposes, including but not limited to, medical, pharmaceutical, nutritional,

and other health-related purposes, agricultural purposes, and environmental purposes,

or a person, whose headquarters or base of operations is located in New Jersey, engaged

in providing services or products necessary for such research, development, production,

or provision. “ Bonds ” means bonds, notes, or other obligations issued by the authority pursuant to P.L.1996, c. 26 ( C.34:1B-124 et seq. ). “ Business ” means a corporation; sole proprietorship; partnership; corporation that has made

an election under Subchapter S of Chapter One of Subtitle A of the Internal Revenue

Code of 1986, or any other business entity through which income flows as a distributive

share to its owners; limited liability company; nonprofit corporation; or any other

form of business organization located either within or outside this State. A grant received under P.L.1996, c. 26 ( C.34:1B-124 et seq. ) by a partnership, Subchapter S-Corporation, or other business entity shall be apportioned

among the persons to whom the income or profit of the partnership, Subchapter S-Corporation,

or other entity is distributed, in the same proportions as those in which the income

or profit is distributed. “ Business employment incentive agreement ” or “ agreement ” means the written agreement between the authority and a business proposing a project

in this State in accordance with the provisions of P.L.1996, c. 26 ( C.34:1B-124 et seq. ) which establishes the terms and conditions of a grant to be awarded pursuant to P.L.1996, c. 26 ( C.34:1B-124 et seq. ). “ Designated industry ” means a business engaged in the field of biotechnology, pharmaceuticals, financial

services, transportation and logistics, advanced computing, advanced materials, electronic

device technology, environmental technology, or medical device technology. “ Director ” means the Director of the Division of Taxation. “ Division ” means the Division of Taxation in the Department of the Treasury. “ Electronic device technology ” means a technology involving microelectronics, semiconductors, electronic equipment,

and instrumentation, radio frequency, microwave, and millimeter electronics, and optical

and optic-electrical devices, or data and digital communications and imaging devices. “ Electronic device technology company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of electronic device

technology for the purpose of developing or providing products or processes for specific

commercial or public purposes. “ Eligible partnership ” means a partnership or limited liability company that is qualified to receive a

grant as established in P.L.1996, c. 26 ( C.34:1B-124 et seq. ). “ Eligible position ” is a new full-time position created by a business in New Jersey or transferred from

another state by the business under the terms and conditions set forth in P.L.1996, c. 26 ( C.34:1B-124 et seq. ) during the base years or in subsequent years of a grant. In determining if positions are eligible positions, the authority shall give greater

consideration to positions that average at least 1.5 times the minimum hourly wage

during the term of an agreement authorized pursuant to P.L.1996, c. 26 ( C.34:1B-124 et seq. ). For grants awarded on or after July 1, 2003, eligible position includes only a position

for which a business provides employee health benefits under a group health plan as

defined under section 14 of P.L.1997, c. 146 ( C.17B:27-54 ), a health benefits plan as defined under section 1 of P.L.1992, c. 162 ( C.17B:27A-17 ), or a policy or contract of health insurance covering more than one person issued

pursuant to Article 2 of Title 17B of the New Jersey Statutes. For an eligible business that submitted its applicable New Jersey tax return and annual

payroll report required pursuant to section 8 of P.L.1996, c. 26 ( C.34:1B-131 ) to the authority on or after January 1, 2020, the requirement that employee health

benefits are to be provided shall be deemed to be satisfied if the benefits are provided

by the business or pursuant to a collective bargaining agreement, no later than 90

days of employee start date, under a health benefits plan authorized pursuant to State

or federal law. An “eligible position” shall also include all current and future partners or members

of a partnership or limited liability company created by a business in New Jersey

or transferred from another state by the business pursuant to the conditions set forth

in P.L.1996, c. 26 ( C.34:1B-124 et seq. ) during the base years or in subsequent years of a grant. An “eligible position” shall also include a position occupied by a resident of this

State whose position is relocated to this State from another state but who does not

qualify as a “new employee” because prior to relocation the resident's wages or the

resident's distributive share of income from a gain, from a loss or deduction, or

the resident's guaranteed payments or any combination thereof, prior to the relocation,

were not subject to income taxes imposed by the state or municipality in which the

position was previously located. An “eligible position” shall also include a position occupied by a resident of another

State whose position is relocated to this State but whose income is not subject to

the New Jersey gross income tax pursuant to the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. An “eligible position” shall not include any position located within New Jersey,

which, within a period either three months prior to the business' application for

a grant under P.L.1996, c. 26 ( C.34:1B-124 et seq. ) or six months after the date of application, ceases to exist or be located within

New Jersey. “ Employment incentive ” means the amount of a grant, either in cash or in tax credits, determined pursuant

to subsection a. of section 6 of P.L.1996, c. 26 ( C.34:1B-129 ). “ Environmental technology ” means assessment and prevention of threats or damage to human health or the environment,

environmental cleanup, or the development of alternative energy sources. “ Environmental technology company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of environmental technology

for the purpose of developing or providing products or processes for specific commercial

or public purposes. “ Estimated tax ” means an amount calculated for a partner in an eligible position equal to 6.37 percent

of the lesser of: a. the amount of the partner's net income from the eligible partnership

that is sourced to New Jersey as reflected in Column B of the partner's Schedule NJK-1

of the application year less the amount of the partner's net income from the eligible

partnership that is sourced to New Jersey as reflected in column B of the partner's

Schedule NJK-1 in the foundation year; or b. the net of all items of partnership income

upon which tax has been paid as reflected on the partner's New Jersey Gross Income

Tax return in the application year. “ Foundation year ” means the year immediately prior to the creation of the eligible position. “ Full-time employee ” means a person who is employed for consideration for at least 35 hours a week, or

who renders any other standard of service generally accepted by custom or practice

as full-time employment, whose wages are subject to withholding as provided in the

“New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. , and who is determined by the authority to be employed in a permanent position according

to criteria it develops, or who is a partner of an eligible partnership, who works

for the partnership for at least 35 hours a week, or who renders any other standard

of service generally accepted by custom or practice as full-time employment, and whose

distributive share of income, gain, loss, or deduction, or whose guaranteed payments,

or any combination thereof, is subject to the payment of estimated taxes, as provided

in the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. “Full-time employee” shall not include any person who works as an independent contractor

or on a consulting basis for the business. “ Full-time employee at the qualified business facility ” means a full-time position in a business in this State, which position the business

has filled with a full-time employee, who shall have their primary office at the qualified

business facility and spend at least 60 percent of their time at the qualified business

facility. This requirement shall supersede any law, regulation, or incentive agreement that

imposes a requirement that the employee be present at the qualified business facility

for a specified percentage of time greater than 60 percent. This amendment shall not alter or terminate any waiver of the requirement that an

employee spend time at the qualified business facility implemented by the authority

due to COVID-19 public health emergency and state of emergency. “ Grant ” means a business employment incentive grant as established in P.L.1996, c. 26 ( C.34:1B-124 et seq. ). “ Medical device technology ” means a technology involving any medical equipment or product, other than a pharmaceutical

product, that has therapeutic value, diagnostic value, or both, and is regulated by

the federal Food and Drug Administration. “ Medical device technology company ” means a person, whose headquarters or base of operations is located in New Jersey,

engaged in the research, development, production, or provision of medical device technology

for the purpose of developing or providing products or processes for specific commercial

or public purposes. “ Net income from the eligible partnership ” means the net combination of a partner's distributive share of the eligible partnership's

income, gain, loss, deduction, or guaranteed payments. “ New employee ” means a full-time employee first employed in an eligible position on the project

which is the subject of an agreement or who is a partner of an eligible partnership,

who works for the partnership for at least 35 hours a week, or who renders any other

standard of service generally accepted by custom or practice as full-time employment,

and whose distributive share of income, gain, loss or deduction, or whose guaranteed

payments, or any combination thereof, is subject to the payment of estimated taxes,

as provided in the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. ; except that a New Jersey resident whose position is relocated to this State shall

not be classified as a “new employee” unless the employee's wages, or the employee's

distributive share of income from a gain, from a loss or deduction, or the employee's

guaranteed payments or any combination thereof, prior to the relocation, were subject

to income taxes imposed by the state or municipality in which the position was previously

located. “New employee” may also include an employee rehired or called back from a layoff during

or following the base years to a vacant position previously held by that employee

or to a new position established during or following the base years. “New employee” shall not include any employee who was previously employed in New Jersey

by the business or by a related person as defined in section 2 of P.L.1993, c. 170 ( C.54:10A-5.5 ) if the employee is transferred to the business, which is the subject of an agreement,

unless the employee's position at the employee's previous employer is filled by a

new employee. “New employee” also shall not include a child, grandchild, parent, or spouse of an

individual associated with the business who has direct or indirect ownership of at

least 15 percent of the profits, capital, or value of the business. New employee shall also include an employee whose position is relocated to this State

but whose income is not subject to the New Jersey gross income tax pursuant to the

“New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. “ Partner ” means a person who is entitled to either a distributive share of a partnership's

income, gain, loss, or deduction, or guaranteed payments, or any combination thereof,

by virtue of holding an interest in the partnership. “Partner” also includes a person who is a member of a limited liability company which

is treated as a partnership, as provided in the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. “ Refunding Bonds ” means bonds, notes or other obligations issued to refinance bonds, notes or other

obligations previously issued by the authority pursuant to the provisions of P.L.1996, c. 26 ( C.34:1B-124 et seq. ). “ Residual withholdings ” means for any period of time, the excess of the estimated cumulative withholdings

for all executed agreements eligible for payments under P.L.1996, c. 26 ( C.34:1B-124 et seq. ) over the cumulative anticipated grant amounts. “ Schedule NJK-1 ” means Schedule NJK-1 as the form existed for taxable year 1997. “ Withholdings ” means the amount withheld by a business from the wages of new employees or estimated

taxes paid by, or on behalf of, partners that are new employees, or any combination

thereof, pursuant to the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. , and, if the new employee is an employee whose position has moved to New Jersey but

whose income is not subject to the New Jersey gross income tax pursuant to N.J.S.54A:1-1 et seq. , the amount of withholding that would occur if the employee were to move to New Jersey.