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 220.6 - Eligibility criteria for businesses
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 220.6
Current through Register Vol. 45, No. 52, December 27, 2023
(a) For purposes of this section, only eligible businesses located on eligible land shall be eligible to participate in the START-UP NY Program.
(b) The commissioner may seek and consider any information required to assess a business's eligibility in the START-UP NY Program.
(1) The following types of businesses are
prohibited from participating in the START-UP NY Program:
(i) Retail and wholesale businesses. Retail
businesses shall include establishments engaged in retailing merchandise,
generally without transformation, and rendering services incidental to the sale
of merchandise. Wholesale businesses shall include establishments engaged in
wholesaling merchandise, generally without transformation, and rendering
services incidental to the sale of merchandise. Merchandise includes the
outputs of agriculture, mining, manufacturing, and certain information
industries, such as publishing.
(ii) Restaurants. Restaurants shall include
establishments that prepare meals, snacks, and beverages to customer order for
immediate on-premises and off-premises consumption. This includes
establishments that provide food and drink only, or various combinations of
seating space, waiter/waitress services and incidental amenities, such as
limited entertainment.
(iii) Real
estate brokers. Real estate brokers shall include establishments that are
engaged in renting or leasing real estate to others; selling, buying, or
renting real estate for others; and providing other real estate related
services, such as appraisal services.
(iv) Law firms or businesses providing legal
services. Law firms or businesses providing legal services shall include
establishments or offices of legal practitioners known as lawyers or attorneys
(i.e., counselors-at-law) primarily engaged in the practice of
law. Establishments in this industry may provide expertise in a range or in
specific areas of law, such as criminal law, corporate law, family and estate
law, patent law, real estate law, or tax law.
(v) Medical or dental practices. Medical and
dental practices shall include establishments that provide health care
services, directly or indirectly, to patients.
(vi) Real estate management companies. Real
estate management companies shall include establishments that are engaged in
managing real estate for others and providing other real estate related
services, such as appraisal services.
(vii) Hospitality. Hospitality-related
businesses shall include establishments that provide lodging or short-term
accommodations for travelers, vacationers, and others. Some provide lodging
only; while others provide meals, laundry services, and recreational
facilities, as well as lodging.
(viii) Finance and financial services.
Finance and financial services businesses shall include establishments that are
primarily engaged in financial transactions, that is, transactions involving
the creation, liquidation, or change in ownership of financial assets, and/or
in facilitating financial transactions.
(ix) Businesses providing personal services.
Businesses providing personal services shall include businesses that provide
personal and laundry services to individuals, households, and businesses.
Services performed include: personal care services; death care services;
laundry and dry cleaning services; and a wide range of other personal services,
such as pet care services, photofinishing services, temporary parking services,
and dating services.
(x) Businesses
providing business administrative or support services, unless such business has
received permission from the commissioner to apply to participate in the
START-UP NY Program upon demonstration that the business would create no fewer
than 100 net new jobs in the tax-free NY area. Businesses providing business
administrative or support services shall include businesses that are engaged in
activities that support the day-to-day operations of other organizations. These
activities include general management, personnel administration, clerical
activities, or cleaning activities.
(xi) Accounting firms or businesses providing
accounting services. Accounting firms or businesses providing accounting
services shall include establishments primarily engaged in providing services,
such as auditing of accounting records, designing accounting systems, preparing
financial statements, developing budgets, preparing tax returns, processing
payrolls, bookkeeping, and billing.
(xii) Businesses providing utilities.
Businesses that provide utilities shall include businesses that provide
electric power, natural gas, steam supply, water supply, and sewage removal
through a permanent infrastructure of lines, mains, and pipes.
(xiii) Businesses engaged in the generation
or distribution of electricity, the distribution of natural gas, or the
production of steam associated with the generation of electricity. Businesses
engaged in the generation or distribution of electricity, the distribution of
natural gas, or the production of steam associated with the generation of
electricity shall include businesses that generate or distribute electric
power, natural gas, or steam supply through a permanent infrastructure of
lines, mains, and pipes.
(c) A business must satisfy all of the following criteria to apply to and participate in START-UP NY:
(1) A business must be a new business to the
State at the time it submits its application to participate in START-UP NY,
except where:
(i) the business successfully
graduated from a New York State incubator;
(ii) the business once operated in New York
but moved its operations out of New York State on or before June 1, 2013, and
the commissioner determines the business has demonstrated it will substantially
restore jobs in New York that it previously had moved out of the State;
or
(iii) the commissioner
determined that the business has demonstrated it will create net new jobs in
the tax-free NY area and that it or any related persons has not eliminated any
jobs in the State in connection with this expansion;
(2) the business may be organized as a
corporation, a partnership, a limited liability company or a sole
proprietorship;
(3) a business must
be in compliance with all worker protection and environmental laws and
regulations. In addition, a business may not owe past due Federal or State
taxes or local property taxes;
(4)
the mission and activities of the business must align with or further the
academic mission of the university or college sponsoring the tax-free NY area
in which it seeks to locate, and the business's participation in the START-UP
NY Program must have positive community and economic benefits, including but
not limited to employment; opportunities for internship, vocational training
and learning experiences for undergraduate and graduate study; diversification
of local economy; environmental sustainability; entrepreneurship; positive,
non-competitive and/or synergistic links to existing businesses; effect on the
local economy; and opportunities as a magnet for economic and social growth.
Business involvement with sponsors can include, but is not limited to:
(i) funding scholarships, facilities, or
other academic services or amenities;
(ii) offering internships, experiential
learning opportunities, or full-time jobs to school graduates;
(iii) teaching a course, offering seminars,
or providing student mentoring;
(iv) using company resources, intellectual
property or expertise to support the academic mission;
(5) the business must demonstrate that it
will, in its first year of operation, create net new jobs;
(6) the business must not be engaged in a
line of business that is currently or was previously conducted by the business
or a related person in the last five years in New York State, unless:
(i) the business once operated in New York
but moved its operations out of New York on or before June 1, 2013, and the
commissioner determines the business has demonstrated it will substantially
restore jobs in New York that it previously had moved out of the State;
or
(ii) the commissioner determined
that the business has demonstrated it will create net new jobs in the tax-free
NY area and that it or any related persons has not eliminated any jobs in the
State in connection with this expansion;
(7) the business must agree to submit an
annual report, as described in section
220.16
of this Part, in such form as shall be required by the
commissioner.
(d) To remain eligible for the program, a business must satisfy the following criteria:
(1) the business must maintain, at
a minimum, net new jobs created and during any year of operation, the average
number of employees of the business and its related persons in the State during
the year must equal or exceed the sum of:
(i)
the average number of employees of the business and its related persons in the
State during the year immediately preceding the year in which the business
submits its application to locate in a tax-free NY area; and
(ii) net new jobs of the business in the
tax-free NY area during the year.
The average number of employees of the business and its related persons in the State in a year is determined by taking the average number of total employees of the business and its related persons in the State on March 31st, June 30th, September 30th and December 31st of that year;
(2) a
business must submit an annual report to the commissioner as described in
section
220.16
of this Part.
(e) In addition to the other requirements of this section, in order to be eligible to participate in the START-UP NY Program in downstate New York, a business must be:
(1) in the formative stage of
development; or
(2) engaged in the
design, development, and introduction of new biotechnology, information
technology, remanufacturing, advanced materials, processing, engineering or
electronic technology products and/or innovative manufacturing processes, and
meet such other requirements for a high-tech business as the commissioner shall
develop.
(f) In addition to the other requirements of this section, in order to be eligible to participate in the START-UP NY Program, any business that has successfully completed residency in a New York State incubator pursuant to section 16-v of the Urban Development Corporation Act may apply to participate in the START-UP NY Program provided that such business locates in a tax-free NY area, even where that business is not a new business. A business that has successfully completed residency in a New York State incubator pursuant to section 16-v of the Urban Development Corporation Act and resides in an approved tax-free NY area may apply to participate in the START-UP NY Program if the business demonstrates it will create net new jobs in that tax-free NY area.
Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
