N.Y. Economic Development Law Section 359
Cap on tax credit


1.

Except with respect to tax credits issued to Green CHIPS projects as articulated in subdivision four of this section, the total amount of tax credits issued by the commissioner for any taxable year may not exceed the limitations set forth in this subdivision. Except with respect to tax credits issued to Green CHIPS projects as articulated in subdivision four of this section, one-half of any amount of tax credits not awarded for a particular taxable year may be used by the commissioner to award tax credits in another taxable year. Credit components in the aggregate With respect to taxable shall not exceed: years beginning in: $ 50 million 2011 $ 100 million 2012 $ 150 million 2013 $ 200 million 2014 $ 250 million 2015 $ 183 million 2016 $ 183 million 2017 $ 183 million 2018 $ 183 million 2019 $ 183 million 2020 $ 183 million 2021 $ 133 million 2022 $ 83 million 2023 $ 36 million 2024 $ 200 million 2025 $ 200 million 2026 $ 200 million 2027 $ 200 million 2028 $ 200 million 2029 2. Twenty-five percent of tax credits shall be allocated to businesses accepted into the program under subdivision four of § 353 (Eligibility criteria)section three hundred fifty-three of this article and seventy-five percent of tax credits shall be allocated to businesses accepted into the program under subdivision three of § 353 (Eligibility criteria)section three hundred fifty-three of this article.

3.

Provided, however, if by September thirtieth of a calendar year, the department has not allocated the full amount of credits available in that year to either:

(i)

businesses accepted into the program under subdivision four of § 353 (Eligibility criteria)section three hundred fifty-three of this article or (ii) businesses accepted into the program under subdivision three of § 353 (Eligibility criteria)section three hundred fifty-three of this article, the commissioner may allocate any remaining tax credits to businesses referenced in this paragraph as needed; provided, however, that under no circumstances may the aggregate statutory cap for all program years be exceeded. One hundred percent of the unawarded amounts remaining at the end of two thousand twenty-nine may be allocated in subsequent years, notwithstanding the fifty percent limitation on any amounts of tax credits not awarded in taxable years two thousand eleven through two thousand twenty-nine. Provided, however, no tax credits may be allowed for taxable years beginning on or after January first, two thousand forty.

4.

The total amount of tax credits issued by the commissioner for the taxable years two thousand twenty-two to two thousand forty-one for Green CHIPS projects shall not exceed five hundred million per year. One hundred percent of any amount of tax credits not awarded for a particular taxable year may be used by the commissioner to award tax credits in another taxable year. Notwithstanding the foregoing, Green CHIPS projects may be allowed to claim credits for taxable years up to January first, two thousand fifty.

Source: Section 359 — Cap on tax credit, https://www.­nysenate.­gov/legislation/laws/COM/359 (updated Aug. 19, 2022; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Aug. 19, 2022

§ 359’s source at nysenate​.gov

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