N.Y. Comp. Codes R. & Regs. tit. 5 § 102.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 102.5 - Affidavit of compliance

Before any certification, the applicant must submit an affidavit of compliance.

(a) In the case of a certificate of eligibility for tax credits, the affidavit of compliance shall include:

(1) the name and address of the applicant;

(2) the fiscal year of the applicant for tax purposes;

(3) the date on which the eligible business facility first became eligible;

(4) the amount of each element of eligible property values and any itemized schedules that the board may require;

(5) the number of jobs created and/or retained;

(6) the total amount of wages, salaries or other compensation paid during the eligible period to employees holding jobs created or retained;

(7) a statement that an approved training program has been provided at the business facility or facilities; and

(8) any other statements the board may deem appropriate to assist it in determining original or continuing eligibility in the program.

(b) In the case of a certificate of eligibility for real property tax exemptions, the affidavit of compliance shall include:

(1) the name and address of the applicant;

(2) the eligible area and the next taxable status date to which the certificate relates;

(3) the date of the application;

(4) the amount of expenditures paid or incurred for capital improvements of depreciable real property in the eligible business facility or facilities;

(5) a statement that at least five jobs have been created or retained at the facility or facilities; and

(6) a statement that an approved training program has been provided at the business facility or facilities.

(c) In any affidavit of compliance, an applicant must affirm that the statements made are true to the best of his knowledge, under penalty of making a punishable false written statement in accordance with section 210.45 of the Penal Law.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 102.5