N.Y. General City Law § 25-gg: Relocation 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.