New Jersey § 52:27bbb-54

§ 52:27bbb-54.

a. There is established in the authority the “Qualified Municipality Open for Business

Incentive Program,” the purpose of which is to foster business investment in qualified

municipalities. Businesses that locate or expand in a qualified municipality during the period that

the municipality is under rehabilitation and economic recovery shall be eligible to

receive a rebate from the “Corporation Business Tax Act (1945),” P.L.1945, c. 162

( C.54:10A-1 et seq. ) , or the tax imposed on insurers pursuant to P.L.1945, c. 132 ( C.54:18A-1 et seq. ), section 1 of P.L.1950, c. 231 ( C.17:32-15 ) and N.J.S.17B:23-5 as provided herein. b. For each year in which a taxpayer is eligible for a rebate of a portion of the

incentive payment, the Director of the Division of Taxation shall certify to the State

Treasurer (1) that the taxpayer's corporation business tax return or insurance premiums tax return has been filed; (2) that the taxpayer's entire corporation business tax obligation or insurance premiums tax obligation has been satisfied; and (3) the amount of the taxpayer's incentive payment entitlement. Upon such certification, the treasurer shall certify to the executive director of

the authority the amount of the taxpayer's incentive payment and, subject to the approval

of the Director of the Division of Budget and Accounting, transfer that incentive

payment to the fund established with the proceeds of those funds appropriated pursuant

to subsection b. of section 73 of P.L.2002, c. 43 . c. The executive director of the authority shall rebate to the taxpayer up to 75%

of the incentive payment paid by the taxpayer and placed by the treasurer into a fund

established using those funds appropriated pursuant to subsection b. of section 73

of P.L.2002, c. 43 if the taxpayer applies for a rebate within two years of deposit of the incentive

payment into the fund and establishes to the satisfaction of the executive director

of the authority that the taxpayer will utilize those monies for business relocation

or business expansion property that will be placed in service or use by the taxpayer after the date of the rebate

application. The authority may rebate to the taxpayer up to 100% of the incentive payment paid

by the taxpayer and placed by the treasurer into a fund established using those funds

appropriated pursuant to subsection b. of section 73 of P.L.2002, c. 43 if the taxpayer applies for a rebate and the authority determines that a particular

business relocation or business expansion will more effectively contribute to the

municipal rehabilitation and economic recovery in a qualified municipality as sought

by the Legislature through the enactment of P.L.2002, c. 43 . In making this determination the authority shall consider: 1) the amount of private

investment, 2) the number of jobs concerned, 3) the projected average salary of the

employees, 4) whether the investment has the potential to attract additional investment,

5) the impact to the State Treasury, and 6) any other factors that uniquely contribute

to the municipal rehabilitation and economic recovery of the qualified municipality. The taxpayer may apply for this incentive prior to its undertaking of the business

relocation or business expansion and upon approval the authority may establish a rebate

schedule for the incentive payment for a period not to exceed ten years, subject to

the taxpayer's continued satisfaction of the criteria of this act and to annual appropriation . The cumulative amount of monies distributed to the taxpayer pursuant to this section

shall not exceed the amount paid or to be paid by the taxpayer for the business relocation

or business expansion property. In the event that the taxpayer does not establish its eligibility for a rebate of

a portion of the incentive payment within two years of its deposit into the fund,

the fund shall retain any remaining amount of the incentive payment.