N.Y. Tax Law Section 38
New York innovation hot spot program tax benefits


(a)

As used in this chapter, the terms “New York state innovation hot spot” and “qualified entity” shall have the same meaning as under section sixteen-v of the New York state urban development corporation act.

(b)

A taxpayer under article 9-A (Franchise Tax On Business Corporations)article nine-A of this chapter that is a qualified entity of a New York state innovation hot spot shall be subject only to the fixed dollar minimum tax, imposed under paragraph (d) of subdivision one of § 210 (Computation of tax)section two hundred ten of this chapter, for five taxable years, beginning with the first taxable year during which the qualified entity becomes a tenant in or part of an innovation hot spot. A taxpayer under article 9-A (Franchise Tax On Business Corporations)article nine-A of this chapter that is a corporate partner in a qualified entity, or is a qualified entity that is located both within and without an innovation hot spot, shall be allowed only a deduction for the amount of income or gain included in its federal taxable income to the extent that the income or gain is attributable to the operations at or as part of the innovation hot spot. The deduction is allowed for five taxable years, beginning with the first taxable year during which the qualified entity becomes a tenant in or part of an innovation hot spot.

(c)

An individual who is the sole proprietor of a qualified entity or a member of a limited liability company, a partner in a partnership or a shareholder in a New York subchapter S corporation where the limited liability company, partnership, or S corporation is a qualified entity, that is taxable under article 22 (Personal Income Tax)article twenty-two of this chapter shall be allowed a deduction for the amount of income or gain included in its federal adjusted gross income to the extent that the income or gain is attributable to the operations of a qualified entity at or as a part of a New York state innovation hot spot. The deduction is allowed for five taxable years, beginning with the first taxable year during which the qualified entity becomes a tenant in or part of an innovation hot spot.

(d)

A qualified entity that is a tenant in or part of a New York state innovation hot spot shall be eligible for a credit or refund for sales and use taxes imposed on the retail sale of tangible personal property or services under subdivisions (a), (b), and

(c)

of section eleven hundred five and section eleven hundred ten of this chapter. The credit or refund shall be allowed for sixty months beginning with the first full month after the qualified entity becomes a tenant in an incubator hot spot.

(e)

A taxpayer who claims any of the tax benefits described in this section is no longer eligible for any other New York state exemptions, deductions, or credit or refunds under this chapter to the extent that any such exemption, deduction, credit or refund is attributable to the business operations of a tenant in or as part of the New York state innovation hot spot. The election to claim the tax benefits described in this section is not revocable.

(f)

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

(i)

Article 9-A, section 208, subdivision (9), paragraph (a), subparagraph (18).

(ii)

Article 9-A, section 209, subdivision 11.

(iii)

Article 22, section 612, subsection (c), paragraph (39).

(iv)

Article 28, section 1119, subdivision (d). * NB There are 2 § 38’s

Source: Section 38 — New York innovation hot spot program tax benefits, https://www.­nysenate.­gov/legislation/laws/TAX/38 (updated Sep. 22, 2014; accessed Apr. 27, 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

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 38’s source at nysenate​.gov

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