N.Y. Comp. Codes R. & Regs. tit. 5 § 211.1

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

Section 211.1 - Application and review process

(a) An applicant must submit a complete application as prescribed by the commissioner.

(b) Such completed application must be submitted to the commissioner within:

(1) 180 days of the declaration of an emergency by the governor in the county in which the business enterprise is located; or

(2) 180 days of the enactment of chapter 56 of the Laws of 2011, if such date is later than the date specified in subdivision (a) of this section.

(c) As part of such application, an applicant must:

(1) agree to allow the Department of Taxation and Finance to share its tax information with the department. Note that the form created by the department to effectuate this information transfer may only be executed by a person with authority to act on the business entity's behalf in this regard. 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; and

(2) agree to allow the Department of Labor to share its tax and employer information with the department. Note that the form created by the department to effectuate this information transfer may only be executed by a person with authority to act on the business entity's behalf in this regard. 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; and

(3) allow the department and its agents access to any and all books and records deemed relevant by the department to monitor compliance with the provisions of article 20 of the Economic Development Law; and

(4) agree to be permanently disqualified for empire zone benefits at any location or locations that qualify for empire state jobs retention benefits if admitted into the Empire State Jobs Retention Program for such location or locations; and

(5) provide, upon request by the department, all of the following information:

(i) a plan outlining the schedule for meeting the jobs retention requirements as set forth in section 211.2(c) of this Part (such plan must include 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; and

(iii) the employer identification 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.

(6) 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; and

(7) certify, under penalty of perjury, that it is in substantial compliance with all environmental, worker protection, and local, State, and Federal tax laws.

(d) The commissioner, upon receipt of a complete application from an applicant, shall determine whether the applicant meets the eligibility criteria set forth in section 211.2 of this Part. An applicant that does not meet the eligibility criteria set forth in section 211.2 of this Part shall not be accepted into the program.

(e) Having determined that an application is complete and that the applicant meets the eligibility criteria set forth in section 211.2 of this Part, the department may admit the applicant into the program and issue a certificate of eligibility as defined in section 210.2(c) of this Title and a preliminary schedule of benefits as defined in section 210.2(k) of this Title by year based on the applicant's projections as set forth in its application. This preliminary schedule of benefits delineates the maximum possible benefits an applicant may receive under this program but the commissioner may amend a preliminary schedule of benefits provided that the commissioner complies with the credit caps in section 359 of the Economic Development Law.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 211.1