New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXII - Start-Up NY Program
Part 220 - Suny Tax-free Areas To Revitalize And Transform Upstate New York (start-up Ny) Program
Section 220.10 - Businesses locating in tax-free NY areas
Current through Register Vol. 44, No. 38, September 21, 2022
(a) To participate in START-UP NY, an eligible business must submit a complete application, as prescribed by the commissioner, on or before December 31, 2020.
(b) For purposes of encouraging eligible businesses to locate in a tax-free NY area and participate in the program, sponsors are permitted to solicit and accept application from eligible businesses pursuant to the provisions of this Part and article 21 of the EDL.
(c) A sponsor shall not accept any application to locate in a tax-free NY area from a business that would compete with other businesses in the same community but outside the tax-free NY area.
(d) As part of such application, a business applicant must:
(e) The sponsor, upon receipt of a complete application from a business applicant, shall determine whether the business applicant meets the eligibility criteria set forth in section 220.6 of this Part. An application that meets the eligibility criteria set forth in section 220.6 of this Part may then be forwarded by the sponsor to the commissioner for further review to determine whether the business meets all of the requirements, as well as the intended purpose, of article 21 of the EDL.
(f) When forwarding a completed business application to the commissioner, the sponsor must include a certification that it will adhere to any and all applicable requirements under article 21 of the EDL, article 8 of the Labor Law and article 15-A of the Executive Law.
(g) An applicant that does not meet the criteria set forth in section 220.6 of this Part shall not be approved to locate to a tax-free NY area or be accepted into the program.
(h) The commissioner, upon receipt of a complete application from a sponsor, shall conduct a further review to determine whether the business meets all of the requirements, as well as the intended purpose, of article 21 of the EDL. The commissioner shall consider, among other things, whether the applicant:
(i) The commissioner may reject the application upon a determination that the applicant does not meet the eligibility criteria set forth in section 220.6 of this Part or any other requirement, as well as the intended purpose, of article 21 of the EDL.
(j) If the commissioner rejects the application, he or she shall provide written notice of such rejection to the sponsor.
(k) The commissioner may approve the application anytime after receipt; if the commissioner approves the application, the business applicant is deemed accepted into the START-UP NY Program and can locate to the sponsor's tax-free NY area. If the commissioner does not reject the application within 60 days of receipt, the business applicant is deemed accepted into the START-UP NY Program and can locate to the sponsor's tax-free NY area. The commissioner's 60-day review period is suspended pending any review or modification of any proposed lease, if any, between a SUNY sponsor and an applicant. The application of the business shall constitute the contract between the business and sponsor. The sponsor must provide an accepted business with documentation of its acceptance in such form as prescribed by the Commissioner of Taxation and Finance, which will be used to demonstrate such business's eligibility for the tax benefits specified in section 39 of the Tax Law.
(l) Where the commissioner determines that the number of net new jobs eligible for the personal income tax benefit under section 39(e) of the Tax Law will exceed the allowable total aggregate net new jobs in the year in which the application is accepted, the business will be given priority in the subsequent year and all net new jobs identified in the business application's performance benchmarks will be eligible for the personal income tax benefit the following year.
(m) At the conclusion of the lease term between the sponsor and the business for land or space in a tax-free NY area owned by the sponsor, if applicable, the leased land or space and any improvements thereon shall revert to the sponsor, unless the lease is renewed.
Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019