N.Y. Tax Law Section 36
Empire state jobs retention program credit


(a)

Allowance of credit. A taxpayer subject to tax under article nine-A, twenty-two or thirty-three of this chapter shall be allowed a credit against such tax, pursuant to the provisions referenced in subdivision (e) of this section. The amount of the credit, allowable for ten consecutive tax years, is equal to the amount determined pursuant to Economic Development Law § 425 (Empire state jobs retention program credit)section four hundred twenty-five of the economic development law.

(b)

Eligibility. To be eligible for the empire state jobs retention credit, the taxpayer shall have been issued a certificate of tax credit by the department of economic development pursuant to subdivision four of Economic Development Law § 424 (Application and approval process)section four hundred twenty-four of the economic development law, which certificate shall set forth the amount of the credit that may be claimed for the taxable year. A taxpayer may claim such credit for up to ten consecutive taxable years commencing in the first taxable year that the taxpayer receives a certificate of tax credit or the first taxable year listed on its preliminary schedule of benefits, whichever is later. However, a taxpayer shall not be allowed to claim the credit prior to the tax year commencing on or after January first, two thousand twelve and before January first, two thousand thirteen. The taxpayer shall be allowed to claim only the amount listed on the certificate of tax credit for that taxable year. Such certificate, if required by the commissioner, shall be attached to the taxpayer’s return. No cost or expense paid or incurred by the taxpayer which is included as part of the calculation of this credit shall be the basis of any other tax credit.

(c)

Information sharing.

(1)

Notwithstanding any provision of this chapter, employees and officers of the department of economic development and the department shall be allowed and are directed to share and exchange: (A) information derived from tax returns or reports that is relevant to a taxpayer’s eligibility to participate in the empire state jobs retention program; (B) information regarding the credit applied for, allowed or claimed pursuant to this section and taxpayers who are applying for the credit or who are claiming the credit; and (C) information contained in or derived from credit claim forms submitted to the department and applications for admission into the empire state jobs retention program. Except as provided in paragraph two of this subdivision, all information exchanged between the department of economic development and the department shall not be subject to disclosure or inspection under the state’s freedom of information law.

(2)

Notwithstanding any provision of this chapter, the commissioner or the commissioner’s designee is authorized to release the name of each taxpayer claiming the credit and the amount of the credit earned by each taxpayer. However, if the taxpayer claims a credit because the taxpayer is a member of a limited liability company, a partner in a partnership or a shareholder in a subchapter S corporation, only the name of a limited liability company, partnership or subchapter S corporation participating in the empire state jobs retention program and the amount of credit earned by that entity may be released.

(d)

Credit recapture. If a certificate of eligibility or a certificate of tax credit issued by the department of economic development under article twenty of the economic development law is revoked by such department, the amount of credit described in this section and claimed by the taxpayer prior to that revocation shall be added back to tax in the taxable year in which any such revocation becomes final.

(e)

Cross-references. For application of the credit provided for in this section, see the following provisions of this chapter:

(1)

article 9-A: section 210-B, subdivision 37;

(2)

article 22: section 606, subsection (tt);

(3)

article 33, section 1511, subdivision (bb).

Source: Section 36 — Empire state jobs retention program credit, https://www.­nysenate.­gov/legislation/laws/TAX/36 (updated Jan. 9, 2015; accessed Jul. 13, 2024).

1
Short title
2
Definitions
3
Exemption from certain taxes granted to certain corporations engaged in the operation of vessels in foreign commerce
4
Exemption from certain excise and sales taxes granted to the United Nations
5
Obtaining and furnishing taxpayer identification information
5‑A
Certification of registration to collect sales and compensating use taxes by certain contractors, affiliates and subcontractors
6
Filing of warrants in the department of state
7
Inapplicability of certain money judgment enforcement procedures
8
Exemption from taxes granted to REMICs
9
Electronic funds transfer by certain taxpayers remitting withholding taxes
10
Electronic funds transfer by certain taxpayers remitting sales and compensating use taxes, prepaid sales and compensating use taxes on mo...
11
Certified capital companies
12
Internet
13
Exemption from taxation for victims or targets of Nazi persecution
14
Empire zones program
14‑A
IMB credit for energy taxes
15
QEZE credit for real property taxes
16
QEZE tax reduction credit
17
Empire zones tax benefits report
18
Low-income housing credit
19
Green building credit
20
Credit for transportation improvement contributions
21
Brownfield redevelopment tax credit
21*2
Disclosure of taxpayer information in cases involving abandoned property
22
Tax credit for remediated brownfields
23
Environmental remediation insurance credit
24
Empire state film production credit
24‑A
Musical and theatrical production credit
24‑B
Television writers’ and directors’ fees and salaries credit
24‑C
New York city musical and theatrical production tax credit
25
Disclosure of certain transactions and related information
26
Security training tax credit
27
Suspension of tax-exempt status of terrorist organizations
28
Empire state commercial production credit
28*2
Biofuel production credit
29
Mandatory electronic filing and payment
30
Bad check or failed electronic funds withdrawal fee
31
Excelsior jobs program credit
31*2
Empire state film post production credit
32
Registration of tax return preparers
33
Correction periods for electronic tax documents and payments
33*2
Temporary deferral of certain tax credits
34
Tax return preparers and software companies not to charge separately for New York e-file services
34*2
Temporary deferral payout credits
35
Use of electronic means of communication
35*2
Economic transformation and facility redevelopment program tax credit
36
Empire state jobs retention program credit
37
Alcoholic beverage production credit
38
New York innovation hot spot program tax benefits
38*2
Minimum wage reimbursement credit
39
Tax benefits for businesses located in tax-free NY areas and employees of such businesses
39‑A
Penalties for fraud in the START-UP NY program
40
The tax-free NY area tax elimination credit
41
Limitations on tax credit eligibility
42
Farm workforce retention credit
42‑A
Farm employer overtime credit
43
Life sciences research and development tax credit
43*2
Single member limited liability companies and eligibility for tax credits
44
Employer-provided child care credit
45
Empire state digital gaming media production credit
46
Restaurant return-to-work tax credit
46‑A
Additional restaurant return-to-work tax credit
47
COVID-19 capital costs tax credit
47*2
Grade no
47*3
Suspension of certain taxes on motor fuel and Diesel motor fuel
48
Child care creation and expansion tax credit
49
Newspaper and broadcast media jobs tax credit
49*2
Commercial security tax credit

Accessed:
Jul. 13, 2024

Last modified:
Jan. 9, 2015

§ 36’s source at nysenate​.gov

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