N.Y. Tax Law § 43*2: Single member limited liability companies and eligibility for tax credits

* § 43. Single member limited liability companies and eligibility for

tax credits. A limited liability company that has a single member and is

disregarded as an entity separate from its owner for federal income tax

purposes (without reference to any special rules related to the

imposition of certain federal taxes, including but not limited to

certain employment and excise taxes) shall be disregarded as an entity

separate from its owner for purposes of determining whether or not the

taxpayer that is the single member of such limited liability company

satisfies the requirements to be eligible for any tax credit allowed

under article nine, nine-A, twenty-two or thirty-three of this chapter

or allowed under article thirty-two of this chapter prior to the repeal

of such article. Such requirements, including but not limited to any

necessary certification, employment or investment thresholds, payment

obligations, and any time period for eligibility, shall be imposed on

the taxpayer and the determination of whether or not such requirements

have been satisfied and the computation of the credit shall be made by

deeming such taxpayer and such limited liability company to be a single

entity. If the taxpayer is the single member of more than one limited

liability company that is disregarded as an entity separate from its

owner, the determination of whether or not the requirements to be

eligible for any tax credit allowed under article nine, nine-A,

twenty-two or thirty-three of this chapter or allowed under article

thirty-two of this chapter prior to the repeal of such article have been

satisfied and the computation of the credit shall be made by deeming

such taxpayer and such limited liability companies to be a single

entity.

* NB There are 2 § 43's