- (a) Qualified Empire Zone Enterprise - A business enterprise which is certified under article eighteen-B of the general municipal law prior to July first, two thousand five shall be a "qualified empire zone enterprise":
- (1) for purposes of articles nine-A, twenty-two, thirty-two and thirty-three of this chapter, for each of the fifteen taxable years next following the test year (which fifteen year period shall constitute the "benefit period"), but only with respect to each of such fifteen years for which the employment test is met, and
- (2) for purposes of articles twenty-eight and twenty-nine of this chapter, for each day falling within each of the ten taxable years next following the test year, but only with respect to each of such ten years if the taxable year immediately preceding such taxable year meets the employment test.
- (3) for business enterprises with a test date falling within the year two thousand, the term "next following the test year" shall be read as "next following the taxable year following the test year".
- (b) Employment test - The employment test shall be met with respect to a taxable year if the business enterprise's employment number in empire zones with respect to which such enterprise is certified pursuant to article eighteen-B of the general municipal law for such taxable year equals or exceeds its employment number in such zones for the base period, and its employment number in the state outside of such zones for such taxable year equals or exceeds its employment number in the state outside of such zones for the base period.
- (c) Base period - The term "base period" means the five taxable years immediately preceding the test year. If the business enterprise has fewer than five such years, then the term "base period" means such smaller set of years.
- (d) Test year - The term "test year" means the last taxable year of the business enterprise ending on or before the test date.
- (e) Test date - The term "test date" means the later of July first, two thousand or the date prior to July first, two thousand five on which the business enterprise was certified under article eighteen-B of the general municipal law.
- (f) Taxable year - The term "taxable year" means the taxable year of the business enterprise under article nine-a, twenty-two, thirty-two or thirty-three of this chapter.
- (g) Employment number - The term "employment number" shall mean the average number of individuals, excluding general executive officers (in the case of a corporation), employed full-time by the enterprise for at least one-half of the taxable year. Such number shall be computed by determining the number of such individuals employed by the taxpayer on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September and the thirty-first day of December during the applicable taxable year, adding together the number of such individuals determined to be so employed on each of such dates and dividing the sum so obtained by the number of such dates occurring within such applicable taxable year.
- (h) Sales and use tax - (1) In addition to the other requirements of this section, in order for the exemptions described in subdivision (z) of section eleven hundred fifteen of this chapter or any like exemptions from taxes imposed pursuant to the authority of article twenty-nine of this chapter to apply with respect to a qualified empire zone enterprise, such enterprise shall apply to the commissioner of taxation and finance for the issuance of a qualified empire zone enterprise exemption certificate, in the manner prescribed by such commissioner. If such commissioner grants such a certificate, its use shall be subject to conditions specified by such commissioner. An enterprise to which the commissioner issues such a certificate may furnish a qualified empire zone enterprise exempt purchase certification to a person required to collect sales and compensating use taxes imposed under or pursuant to the authority of article twenty-eight or twenty-nine of this chapter, which certification shall be deemed to be an exemption certificate under subdivision (c) of section eleven hundred thirty-two of this chapter. Nothing herein or in any other law shall be construed to prohibit the disclosure, in such manner as the commissioner of taxation and finance deems appropriate, of the names and other appropriate identifying information of those persons holding qualified empire zone enterprise certificates pursuant to this subdivision, those persons whose qualified empire zone enterprise certificates have been revoked or those persons whose qualified empire zone enterprise certificates have expired.
- (2) During the period that a business enterprise is eligible to apply, or is qualified, for exemptions from sales and compensating use taxes under this section, the commissioner of economic development shall, at the time such commissioner certifies or decertifies a business enterprise under article eighteen-B of the general municipal law, notify the commissioner of taxation and finance of such certification or decertification, which notification shall include the full legal name, address and federal employer identification number of such enterprise. The commissioner of economic development shall, at the time of any such certification, also advise such enterprise of the requirements in paragraph one of these subdivisions.
- (i) Cessation of status - A business enterprise shall cease to be a qualified empire zone enterprise:
- (1) for purposes of articles nine-A, twenty-two, thirty-two and thirty-three of this chapter, on the first day of the taxable year during which revocation of its certification under article eighteen-B of the general municipal law occurs, and
- (2) for purposes of articles twenty-eight and twenty-nine of this chapter, on the day such revocation occurs.
§ 15 - QEZE Credit for Real Property Taxes
