N.Y. Economic Development Law Law 402 – Application and approval process
* § 402. Application and approval process. 1. A business entity must submit a completed application as prescribed by the commissioner by the later of (a) the date that is three years after the date of the closure of the closed facility located in the economic transformation area in which the business entity would operate or (b) January first, two thousand fifteen. Provided however, in the case of a closed facility described in paragraph (d) of subdivision eleven of section four hundred of this article, a business entity must submit a completed application as prescribed by the commissioner by September first, two thousand sixteen.
Terms Used In N.Y. Economic Development Law Law 402
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. As part of such application, each business entity must:
(a) Agree to allow the department of taxation and finance to share its tax information with the department. However, any information shared as a result of this agreement shall not be available for disclosure or inspection under the state freedom of information law.
(b) Agree to allow the department of labor to share its tax and employer information with the department. However, any information shared as a result of this agreement shall not be available for disclosure or inspection under the state freedom of information law.
(c) Agree to not participate in the excelsior jobs program, the New York state empire zones program, or claim any tax credits under the brownfield cleanup program if admitted into the economic transformation and facility redevelopment program with regard to the facility (or facilities) located in the economic transformation area.
(d) Provide the following information to the department upon request:
(i) a plan outlining the schedule for meeting the job and investment requirements set forth in section four hundred one of this article, including details on job titles and expected salaries;
(ii) the prior three years of federal and state income or franchise tax returns, unemployment insurance quarterly returns, real property tax bills and audited financial statements;
(iii) the amount and description of projected qualified investments for which it plans to claim the economic transformation and facility redevelopment investment tax credit;
(iv) the employer identification numbers or social security numbers for all related persons to the applicant, including those of any members of a limited liability company or partners in a partnership.
(e) Provide a clear and detailed presentation of all related persons to the applicant to assure the department that jobs are not being shifted within the state.
(f) Certify, under penalty of perjury, that it is in substantial compliance with all environmental, worker protection, and local, state, and federal tax laws.
(g) Agree, to the extent practicable, to consider for employment persons displaced by a facility closure.
3. After reviewing a business entity's completed application and determining that the business entity satisfies the requirements in subdivision four of section four hundred of this article and will meet eligibility requirements set forth in section four hundred one of this article, the department may, at the discretion of the commissioner, admit the applicant into the program and provide the applicant with a certificate of eligibility. If a participant does not start construction on or acquire a qualified investment or create at least one net new job within one year of the issuance of its certificate of eligibility, the participant will not be eligible for any of the economic transformation and facility redevelopment program tax credits.
4. A participant may claim tax credits pursuant to § 35 of the tax law commencing in the first taxable year in which the participant creates five net new jobs. A participant may claim such benefits for the next four consecutive taxable years, provided that the participant demonstrates to the commissioner of taxation and finance that it continues to maintain five net new jobs. However, in no event may that benefit period start later than two years after the certificate of eligibility is issued. The participant may also be eligible for the economic transformation and facility redevelopment sales tax refund.
* NB Repealed December 31, 2026