N.Y. General City Law § 25-ff: Definitions

§ 25-ff. Definitions. When used in this article, the following terms

shall have the following meanings:

(a) "Aggregate employment shares" means the sum of all employment

shares maintained by an eligible business in a taxable year.

(b) "Eligible aggregate employment shares" means, in the case of an

eligible business, the amount, if any, of aggregate employment shares

maintained by an eligible business in eligible premises in the taxable

year in which such eligible business claims a credit pursuant to a local

law enacted in accordance with section twenty-five-gg of this article;

provided, however, that:

(1) such amount shall not exceed the lesser of:

(i) the number of aggregate employment shares maintained by such

eligible business in eligible premises in the taxable year during which

such eligible business relocates;

(ii) the maximum approved employment shares for such eligible

business; or

(iii) an amount equal to the product of multiplying the aggregate

employment shares and the linear scalar for such eligible business in

such tax year; and

(2) a full-time work week or part-time work week at eligible premises

prior to the date of relocation shall not be taken into account in

determining eligible aggregate employment shares.

(c) "Eligible business" means any person subject to 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 that:

(1) has been conducting substantial business operations at one or more

business locations outside of New York state for the twenty-four

consecutive months immediately preceding the taxable year during which

such eligible business relocates but has not maintained employment

shares at premises in New York state at any time during the period

beginning January first, two thousand twenty-five and ending on the date

such business enters into a lease or a contract to purchase the premises

that will qualify as eligible premises pursuant to this article; and

(2) on or after July first, two thousand twenty-five relocates all or

part of such business operations.

(d) "Eligible premises" means one or more non-residential premises

that consist of at least ten thousand square feet that are:

(1) wholly contained in real property located in a city with a

population of one million or more; and

(2) if contained in real property wholly located in the borough of

Manhattan, are premises for which final certificates of occupancy were

issued prior to January first, two thousand.

(e) "Employment share" means, for each employee, partner or sole

proprietor of an eligible business, the sum of: (1) the number of

full-time work weeks worked by such employee, partner or sole proprietor

during the eligible business's taxable year divided by the number of

weeks in the taxable year; and (2) the number of part-time work weeks

worked by such employee, partner or sole proprietor during the eligible

business's taxable year divided by an amount equal to twice the number

of weeks in the taxable year. Employment share shall not include

full-time or part-time work weeks attributable to employees, partners or

sole proprietors acquired by an eligible business as a result of a

merger with, acquisition of another person, or a transaction having a

comparable effect, that occurs after June thirtieth, two thousand

twenty-five, and before the end of the taxable year in which a credit is

claimed by such eligible business pursuant to a local law enacted in

accordance with section twenty-five-gg of this article, or to

successors, if any, to those employees, partners or sole proprietors.

(f) "Full-time work week" means a week during which at least

thirty-five hours of gainful work has been performed by an employee,

partner or sole proprietor.

(g) "Hotel services" means any services that consist predominately of

the lodging of guests at a building or a portion thereof that is

regularly used and kept open for such services. Hotel services shall

include the lodging of guests at an apartment hotel, a motel, boarding

house or club, whether or not meals are served.

(h) "Linear scalar" means, for an eligible business in a taxable year

in which a credit is claimed pursuant to a local law enacted in

accordance with section twenty-five-gg of this article, the quotient of

dividing the total square footage of an eligible premises by the product

of multiplying one hundred seventy-five by such business's aggregate

employment shares.

(i) "Maximum approved employment shares" means a limitation on the

aggregate employment shares that an eligible business may receive in any

taxable year determined by the mayor pursuant to a local law enacted in

accordance with section twenty-five-gg of this article based on

documentation submitted by such business demonstrating such business's

intention to relocate. The maximum approved employment shares is the

number of aggregate employment shares such business intends to relocate

as indicated by the mayor on the applicable initial certification of

eligibility.

(j) "Mayor" means the mayor of a city having a population of one

million or more, or an agency of such city as designated by such mayor.

(k) "Part-time work week" means a week during which at least fifteen

but less than thirty-five hours of gainful work has been performed by an

employee, partner or sole proprietor.

(l) "Person" includes any individual, partnership, association,

joint-stock company, corporation, estate or trust, limited liability

company, and any combination of the foregoing.

(m) "Program total" means the sum of maximum approved aggregate

employment shares included in all initial certification of eligibility

issued by the mayor.

(n) "Relocate" means, with respect to an eligible business, to

transfer a pre-existing business operation to an eligible premises, or

to establish a new business operation at such premises, provided that an

eligible business shall not be deemed to have relocated unless at least

one employee, partner or sole proprietor of the eligible business is

transferred to such premises from a pre-existing business operation

conducted outside the state of New York. The date of relocation shall be

the first day on which the individual so transferred commences work at

such eligible premises. The taxable year of relocation shall be the

taxable year in which the date of relocation occurs. For purposes of

this article, an eligible business may relocate only once but may add or

substitute other eligible premises throughout such period.

(o) "Retail activity" means any activity which consists predominately

of:

(1) the sale, other than through the mail or by the telephone or by

means of the internet, of tangible personal property to a person, for

any purpose unrelated to the trade or business of such person;

(2) the selling of a service to an individual which generally involves

the physical, mental or spiritual care of such individual;

(3) the physical care of the personal property of any person unrelated

to the trade or business of such person; or

(4) the provision of a retail banking service.