New York § 25-GG - 25-GGRelocation assistance credit per employee

§ 25-GG. 25-GGRelocation assistance credit per employee

§ 25-gg. Relocation assistance credit per employee. (a) Any city having a population of one million or more is hereby authorized and empowered to adopt and amend a local law allowing an eligible business that relocates to receive a credit against a tax imposed under a local law enacted pursuant to part two or three of section one or section two of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six. The amount of such credit shall be determined by multiplying five thousand dollars by the number of eligible aggregate employment shares maintained by the taxpayer during the taxable year with respect to eligible premises to which the taxpayer has relocated, and may be taken, pursuant to the provisions of section four-j of part two of section one, or subdivision (l) of section one hundred one of section two of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six, for up to eleven consecutive taxable years beginning with the taxable year in which the eligible business relocates, provided that no such credit shall be allowed for the relocation of any retail activity or hotel services. (b) No eligible business shall be authorized to receive a credit against tax under any local law enacted pursuant to this article unless the premises with respect to which it is claiming the credit are eligible premises and until it has obtained an initial certification of eligibility from the mayor of such city and an annual certification from such mayor as to the number of eligible aggregate employment shares maintained by such eligible business that may qualify for obtaining a tax credit for the eligible business's taxable year. Each initial certification of eligibility shall include the maximum approved employment shares for the eligible business, which shall not exceed five hundred employment shares. Any written documentation submitted to such mayor in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Such local law may provide for an application fee for such certification to be determined by such mayor. No initial certification of eligibility shall be issued under any local law enacted pursuant to this article to an eligible business on or after July first, two thousand twenty-eight unless: (1) prior to such date, such business has purchased, leased or entered into a contract to purchase or lease eligible premises; (2) prior to such date, such business submits a preliminary application for an initial certification of eligibility to such mayor with respect to a proposed relocation to such premises; (3) such business enters into a lease or contract to purchase an eligible premises between the date that such business submits such preliminary application and three months thereafter; and (4) such business relocates to such premises not later than thirty-six months from the date of submission of such preliminary application. (c) Notwithstanding any provision of law to the contrary, such mayor shall not issue an initial certification of eligibility that would cause the program total to exceed three thousand maximum approved employment shares. Such mayor shall approve applications on a first-come, first-serve basis among eligible businesses in accordance with rules promulgated pursuant to a local law authorized by subdivision (d) of this section. Such mayor shall include on such mayor's website an indication regarding whether the program total has reached three thousand maximum approved employment shares. (d) Such mayor shall be authorized to promulgate rules and regulations to administer and ensure compliance with the provisions of this article, including but not limited to rules and regulations to provide for alternative methods to measure employment shares in instances where an eligible business is not required by law to maintain weekly records of full-time work weeks and part-time work weeks of employees, partners or sole proprietors. (e) For the duration of the benefit period, the recipient of a credit pursuant to a local law enacted in accordance with this article shall file an application for an annual certification each year demonstrating such recipient's eligibility for such credit and the average wage and benefits offered to the applicable relocated employees used in determining eligible aggregate employment shares. Such mayor shall have the authority to require that statements filed under this subdivision be filed electronically and that such statements be certified.