N.Y. General City Law § 25-z: Authorization to provide relocation and employment assistance credits

§ 25-z. Authorization to provide relocation and employment assistance

credits. (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 as defined in subdivision (j) of

section twenty-five-y of this article 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 or a gross receipts tax imposed under

a local law enacted pursuant to subdivision (a) of section twelve

hundred one of the tax law. The amount of such credit shall be in an

amount equal to five hundred dollars or, in the case of an eligible

business that has obtained pursuant to subdivision (b) of this section a

certification of eligibility dated on or after July first, nineteen

hundred ninety-five, one thousand dollars or, in the case of eligible

business that has obtained pursuant to subdivision (b) of this section a

certification of eligibility dated on or after July first, two thousand,

for a relocation to eligible premises located within a revitalization

area defined in subdivision (n) of section twenty-five-y of this

article, three thousand dollars, multiplied by the number of eligible

aggregate employment shares, and may be taken, pursuant to the

provisions of subdivision two of section four-h of part two of section

one, or paragraph two of subdivision (j) of section one hundred one of

section two of chapter seven hundred seventy-two of the laws of nineteen

hundred sixty-six, or pursuant to the provisions of a local law enacted

pursuant to subdivision (a) of section twelve hundred one of the tax

law, for up to thirteen consecutive taxable years beginning with the

taxable year in which the eligible business relocates as defined in

subdivision (j) of section twenty-five-y of this article; provided,

however, with respect to a relocation for which no application for a

certificate of eligibility is submitted prior to July first, two

thousand three, to eligible premises that are not within a

revitalization area, if the date of such relocation as determined

pursuant to subdivision (j) of section twenty-five-y of this article is

before July first, nineteen hundred ninety-five, the amount to be

multiplied by the number of eligible aggregate employment shares shall

be five hundred dollars, and with respect to a relocation for which no

application for a certificate of eligibility is submitted prior to July

first, two thousand three, to eligible premises that are within a

revitalization area, if the date of such relocation as determined

pursuant to subdivision (j) of such section is before July first,

nineteen hundred ninety-five, the amount to be multiplied by the number

of eligible aggregate employment shares shall be five hundred dollars,

and if the date of such relocation as determined pursuant to subdivision

(j) of such section is on or after July first, nineteen hundred

ninety-five, and before July first, two thousand, one thousand dollars;

provided that no such credit shall be allowed for the relocation of any

retail activity or hotel services; provided, notwithstanding any other

provision of law to the contrary, that no such credit shall be allowed

against a gross receipts tax imposed under a local law enacted pursuant

to subdivision (a) of section twelve hundred one of the tax law for any

relocation taking place prior to January first, nineteen hundred

ninety-nine; and provided that in the case of an eligible business that

has obtained pursuant to subdivision (b) of this section certifications

of eligibility for more than one relocation as defined in subdivision

(j) of section twenty-five-y of this article, the portion of the total

amount of eligible aggregate employment shares to be multiplied by the

dollar amount specified in this subdivision for each such certification

of a relocation shall be the number of total attributed eligible

aggregate employment shares determined with respect to such relocation

pursuant to subdivision (o) of section twenty-five-y of this article.

(b) No eligible business shall be authorized to receive a credit under

any local law enacted pursuant to this article until the premises with

respect to which it is claiming the credit meet the requirements in the

definition of eligible premises and until it has obtained a

certification of eligibility from the mayor of such city or an agency

designated by such mayor, and an annual certification from such mayor or

an agency designated by 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. Any written documentation submitted to such mayor or such

agency or agencies 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 application fees to be determined by

such mayor or such agency or agencies. No such 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 particular premises or a parcel on

which will be constructed such premises or already owned such premises

or parcel;

(2) prior to such date improvements have been commenced on such

premises or parcel, which improvements will meet the requirements of

subdivision (e) of section twenty-five-y of this article relating to

expenditures for improvements;

(3) prior to such date such business submits a preliminary application

for a certification of eligibility to such mayor or such agency or

agencies with respect to a proposed relocation to such particular

premises; and

(4) such business relocates to such particular premises not later than

thirty-six months or, in a case in which the expenditures made for the

improvements specified in paragraph two of this subdivision are in

excess of fifty million dollars within seventy-two months from the date

of submission of such preliminary application.

(c) The mayor of such city or an agency or agencies designated by such

mayor shall be authorized to promulgate rules and regulations to

administer and assure 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 as defined in subdivision (g) of section twenty-five-y

of this article.

(d) An eligible business other than a utility company subject to the

supervision of the department of public service shall not be authorized

to receive a credit under a local law enacted pursuant to this article

against a gross receipts tax imposed under a local law enacted pursuant

to subdivision (a) of section twelve hundred one of the tax law, unless

such eligible business elects to take the credit authorized by this

section against the tax imposed under such local law on an application

filed with respect to the first relocation of such business that

qualifies or will qualify under a local law enacted pursuant to this

article, with the mayor of such city or the agency designated by such

mayor pursuant to subdivision (b) of this section. The election

authorized by this subdivision may not be withdrawn after the issuance

of such certification of eligibility. No taxpayer that has previously

received a certification of eligibility to receive the credit authorized

by this section against any 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 may

make the election authorized by this subdivision. No taxpayer that makes

the election provided in this subdivision shall be authorized to take

such credit against any 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.

(e) Notwithstanding any other provisions of this article, an eligible

business that has obtained pursuant to subdivision (b) of this section a

certification of eligibility for a relocation to particular eligible

premises may apply to the mayor of such city or an agency designated by

such mayor to have premises in a building, other than the building in

which such particular eligible premises are located, certified as

designated additional or replacement premises as defined in subdivision

(q) of section twenty-five-y of this article. After the certification

provided for in this subdivision has been obtained, any aggregate

employment shares maintained by the eligible business in such premises

shall be treated as if such employment shares were maintained in the

particular eligible premises to which the eligible business relocated.

No such certification shall be issued after the end of the period

provided for in subdivision (a) of this section during which the credit

may be taken with regard to the relocation to such particular eligible

premises, and the issuance of such certification shall not extend such

period. Provided however, (i) no premises shall be certified as

designated additional or replacement premises if the eligible business

maintained employment shares in such premises prior to the application

for certification provided for in this subdivision, (ii) no premises

shall be certified as designated additional or replacement premises

unless such premises meet the requirements for eligible premises in

subdivision (e) of section twenty-five-y of this article, and (iii) if

the particular premises to which the eligible business relocated are in

a revitalization zone, no premises shall be certified as designated

additional or replacement premises with regard to such relocation unless

such designated additional or replacement premises are located in a

revitalization zone.

(f)(1)(i) Notwithstanding the provisions of subdivision (i) of section

twenty-five-y of this article, in the case of an eligible business

meeting the criteria in subparagraphs (ii) and (iii) of this paragraph,

the mayor or his or her designee, in his or her discretion, may for any

taxable year in which such business is eligible to receive the credit

provided for in this section, determine the number of eligible aggregate

employment shares as provided in paragraph two of this subdivision, and

such number shall be deemed to be the number of eligible aggregate

employment shares determined pursuant to such subdivision (i) of section

twenty-five-y for the purpose of attributing shares pursuant to

subdivision (o) of section twenty-five-y of this article to relocations

as defined in subdivision (j) of such section twenty-five-y occurring

after July first, two thousand three:

(ii) in the case of a relocation before July first, two thousand five,

in the taxable year prior to its first relocation after July first, two

thousand three (such prior year being hereafter referred to as the "base

year"), such eligible business maintained more than one hundred

aggregate employment shares in the eligible Lower Manhattan area as

defined in subdivision (f) of section twenty-five-dd of this chapter,

provided that in the case of a relocation after June thirtieth, two

thousand five, in the taxable year prior to its first relocation after

such date (such prior year being hereafter referred to as the "base

year"), such eligible business maintained one or more aggregate

employment shares in such eligible Lower Manhattan area, and

(iii) in the case of a relocation before July first, two thousand

five, in the taxable year subsequent to the base year for which the

determination of eligible aggregate employment shares is being made, the

number of aggregate employment shares in the eligible Lower Manhattan

area maintained by the eligible business is less than the number of

aggregate employment shares it maintained in such area in the base year

reduced by one hundred, provided that in the case of a relocation after

June thirtieth, two thousand five, in the taxable year subsequent to the

base year for which the determination of eligible aggregate employment

shares is being made, the number of aggregate employment shares in the

eligible Lower Manhattan area maintained by the eligible business is

less than the number of aggregate employment shares it maintained in

such area in the base year.

(2) The number of eligible aggregate employment shares determined

under this paragraph shall be the number of eligible aggregate

employment shares determined pursuant to subdivision (i) of section

twenty-five-y of this article without regard to paragraphs one and three

of such subdivision (i), less the reduction amount provided for in

paragraph three of this subdivision.

(3) For any taxable year, the reduction amount shall be the excess of

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

business in the eligible Lower Manhattan area in the base year, over

(ii) the number of aggregate employment shares maintained by the

eligible business in the eligible Lower Manhattan area in the taxable

year.

(4) Notwithstanding anything herein to the contrary, the number of

eligible aggregate employment shares may be determined pursuant to

paragraph two of this subdivision only if the number of such shares

determined pursuant to such paragraph two is less than the number of

such shares determined pursuant to subdivision (i) of section

twenty-five-y of this article.

(5) The mayor, or his or her designee, shall exercise the discretion

provided for in paragraph one of this subdivision if he or she

determines it to be in the best interests of the city, taking into

account whether the credit provided for in this section caused the

reduction in the number of jobs maintained by the eligible business in

the eligible Lower Manhattan area.

(g) For the duration of the benefit period, a recipient of a credit

under any local law enacted pursuant to this article shall file

annually, along with the aforementioned original and annual certificates

of eligibility, the average wage and benefits offered to the applicable

relocated employees used in determining eligible aggregate employment

shares, pursuant to subdivision (i) of section twenty-five-y of this

article. The department shall have the authority to require that

statements filed under this subdivision be certified.