New Jersey § 34:1b-208

§ 34:1b-208.

As used in this act: “ Affiliate ” means an entity that directly or indirectly controls, is under common control with,

or is controlled by the business. Control exists in all cases in which the entity is a member of a controlled group

of corporations as defined pursuant to section 1563 of the Internal Revenue Code of 1986 ( 26 U.S.C. s.1563 ) or the entity is an organization in a group of organizations under common control

as defined pursuant to subsection (b) or (c) of section 414 of the Internal Revenue Code of 1986 ( 26 U.S.C. s.414 ). A taxpayer may establish by clear and convincing evidence, as determined by the

Director of the Division of Taxation in the Department of the Treasury, that control

exists in situations involving lesser percentages of ownership than required by those

statutes. An affiliate of a business may contribute to meeting either the qualified investment

or full-time employee requirements of a business that applies for a credit under section

3 of P.L.2007, c. 346 ( C.34:1B-209 ). “ Authority ” means the New Jersey Economic Development Authority established by section 4 of

P.L.1974, c. 80 ( C.34:1B-4 ). “ Business ” means a corporation that is subject to the tax imposed pursuant to section 5 of

P.L.1945, c. 162 ( C.54:10A-5 ), a corporation that is subject to the tax imposed pursuant to sections 2 and 3 of

P.L.1945, c. 132 ( C.54:18A-2 and 54:18A-3 ), section 1 of P.L.1950, c. 231 ( C.17:32-15 ) or N.J.S.17B:23-5 , or is a partnership, an S corporation, or a limited liability corporation. A business shall include an affiliate of the business if that business applies for

a credit based upon any capital investment made by or full-time employees of an affiliate. “ Capital investment ” in a qualified business facility means expenses incurred after, but before the end

of the eighth year after, the effective date of P.L.2007, c. 346 ( C.34:1B-207 et seq. ) for: a. the site preparation and construction, repair, renovation, improvement,

equipping, or furnishing of a building, structure, facility or improvement to real

property; and b. obtaining and installing furnishings and machinery, apparatus or

equipment for the operation of a business in a building, structure, facility or improvement

to real property. “ Eligible municipality ” means a municipality: (1) which qualifies for State aid pursuant to P.L.1978, c.

14 ( C.52:27D-178 et seq. ) or which was continued to be a qualified municipality thereunder pursuant to P.L.2007, c. 111 ; and (2) in which 30 percent or more of the value of real property was exempt from

local property taxation during tax year 2006. The percentage of exempt property shall be calculated by dividing the total exempt

value by the sum of the net valuation which is taxable and that which is tax exempt. “ Full-time employee ” means a person employed by the business 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, or a person who is employed by a professional

employer organization pursuant to an employee leasing agreement between the business

and the professional employer organization, in accordance with P.L.2001, c. 260 ( C.34:8-67 et seq. ) 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 wages are subject

to withholding as provided in the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. or an employee who is a resident of another State but whose income is not subject

to the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. or who is a partner of a business 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. “ Mixed use project ” means a project comprising both a qualified business facility and a qualified residential

project. “ Partnership ” means an entity classified as a partnership for federal income tax purposes. “ Professional employer organization ” means an employee leasing company registered with the Department of Labor and Workforce

Development pursuant to P.L.2001, c. 260 ( C.34:8-67 et seq. ). “ Qualified business facility ” means any building, complex of buildings or structural components of buildings,

and all machinery and equipment located within a designated urban transit hub in an

eligible municipality, used in connection with the operation of a business. “ Qualified residential project ” shall have the meaning ascribed to that term under section 34 of P.L.2009, c. 90 ( C.34:1B-209.2 ). “ Residential unit ” means a residential dwelling unit such as a rental apartment, a condominium or cooperative

unit, a hotel room, or a dormitory room. “ Urban transit hub ” means: a. (1) property located within a 1 / 2 -mile radius surrounding the mid point of a New Jersey Transit Corporation, Port

Authority Transit Corporation or Port Authority Trans-Hudson Corporation rail station

platform area, including all light rail stations, and (2) property located within a one-mile radius of the mid point of the platform area

of such a rail station if the property is in a qualified municipality under the “Municipal

Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et seq. ) or in an area that is the subject of a Choice Neighborhoods Transformation Plan

funded by the federal Department of Housing and Urban Development, and (3) the site of the campus of an acute care medical facility located within a one-mile

radius of the mid point of the platform area of such a rail station, and (4) the site of a closed hospital located within a one-mile radius of the mid point

of the platform area of such a rail station; b. property located within a 1 / 2 -mile radius surrounding the mid point of one of up to two underground light rail

stations' platform areas that are most proximate to an interstate rail station; c. property adjacent to, or connected by rail spur to, a freight rail line if the

business utilizes that freight line at any rail spur located adjacent to or within

a one-mile radius surrounding the entrance to the property for loading and unloading

freight cars on trains; which property shall have been specifically delineated by the authority pursuant to

subsection e. of section 3 of P.L.2007, c. 346 ( C.34:1B-209 ). A property which is partially included within the radius shall only be considered

part of the urban transit hub if over 50 percent of its land area falls within the

radius. “Rail station” shall not include any rail station located at an international airport,

except that any property within a 1 / 2 -mile radius surrounding the mid point of a New Jersey Transit Corporation rail station

platform area at an international airport upon which a qualified business facility

is constructed or renovated commencing after the effective date of P.L.2011, c. 149 ( C.34:1B-242 et al.) shall be deemed an urban transit hub, excluding any property owned or controlled

by the Port Authority of New York and New Jersey.