N.Y. Comp. Codes R. & Regs. tit. 6 § 638.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 638.6 - Application procedures

(a) Application acceptance. Eligible taxpayers may apply to the Department of Environmental Conservation for a credit component certificate pursuant to section 19 (c) of the Tax Law. The application must be submitted according to the following procedure: The department will begin to accept applications 30 calendar days after the effective date of this Part.

(b) Application form. The application must conform to the format provided by the New York State Department of Environmental Conservation, and must be accompanied by the items referenced in section 638.5(a) of this Part. Two copies of the original application package for the tax credit, three original cover letters and electronic copy provided on disk must be submitted to:

Director

Pollution Prevention Unit

New York State Department of Environmental Conservation

625 Broadway

Albany, NY 12233-8010

Attn: Green Buildings Tax Credit Eligibility Application

(c) Separate application(s) for building spaces.

(1) If the applications for the green building credit are submitted together for a base building and for all tenant spaces in the building, or for a whole building, then the energy use must be calculated by analyzing the whole building simultaneously, as required by section 638.7(c)(3)(v) of this Part.

(2) The tenant spaces must demonstrate compliance with all other requirements of this Part and section 19 of the Tax Law together as a group.

(3) If the applications for the green building credit are not submitted together for a base building and for all tenant spaces in the building, then the base building and/or any tenant space that applies for the tax credit must demonstrate compliance with this Part and section 19 of the Tax Law separately from each other.

(d) Review procedure.

(1) The Department of Environmental Conservation will use the procedures in this section to determine the order in which it will review and approve applications for the Green Buildings Tax Credit pursuant to Section 19 of the Tax Law.

(2) Review of applications for approval will be based upon the date received. Applications received on a Saturday, Sunday, a holiday when State offices are closed, or after 4:30 p.m. on any business day will be considered received on the next business day. One original cover letter will be date and time stamped by the department and returned to the applicant as proof of their initial receipt of application.

(3) The department will perform a review of all applications for conformance to section 638.5 of this Part.

(4) Applications that are incomplete or otherwise do not conform to section 638.5 of this Part will be determined not to meet the requirements of this regulation by the department and will be denied without prejudice to make a subsequent new application. There will be no allowances for amendment of applications. Notification of this determination will be mailed by the department to the applicant within 90 calendar days of receipt of the application.

(e) Issuance of a credit component certificate. If the department determines that an application is in conformance with section 638.5(a) of this Part, then a credit component certificate for an approved application, signed by the commissioner of the Department of Environmental Conservation or his/her designee, will be issued by first class mail within 90 calendar days of receipt of an applicant's submission by the department.

(f) Insufficient tax credit allocation. If available tax credit allocations are insufficient, the department will retain applications deemed complete for future certificate issuance, if other allocations become available, based upon initial date of receipt. Written notice of insufficient funds will be provided to the applicant within 90 calendar days.

(g) Unused credits. If credits issued are not completely utilized by an applicant awarded a certificate, any remaining credits will be reallocated to the next eligible applicant. If there are no eligible applicants during the calendar year, the dollar amount of the credit allocation will be added to the amount of allowable credit allocations for the next calendar year.

(h) Annual eligibility certificate.

(1) To verify that a taxpayer is eligible for the tax credit, as allowed by the credit component certificate, an annual eligibility certificate submission must be received by both the Department of Taxation and Finance and the Department of Environmental Conservation annually on or before the anniversary of the issuance date of the credit component certificate. The annual eligibility certificate submission should be made according to section 638.6 of this Part and must be submitted each year until there is no remaining tax credit for the taxpayer to claim.

(2) The copy of the annual eligibility certificate submitted to the Department of Taxation and Finance must also be accompanied by the credit component certificate initially issued by the Department of Environmental Conservation for the green building, in order to receive tax credits.

(3) Failure on the part of the applicant to file a copy of the annual eligibility certificate submission with the Department of Environmental Conservation as referenced in section 638.5(b) and (c) of this Part will cause credit allocations previously reserved in the credit component certificate for that year to become subject for reallocation. The department will reallocate these unused credits pursuant to the unused credits provision of subdivision (g) of this section. The department will not provide reminder notices to applicants in any form.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 638.6