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Senator · Senate District 61
No co-sponsors yet.
History
- Substituted by A10223
- Ordered to third reading cal.1827
- Committee discharged and committed to rules
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Reinstates certain entities as empire zone business enterprises
Vetoed · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to reinstate certain entities as empire zone business enterprises
Purpose of the bill
Relates to payments of taxes made by certain entities reinstated as empire zone business enterprises after successful appeal of the Department of Economic Development's June 2009 decertification.
Summary of specific provisions
§ 1- Makes provisions for refunds of overpayment of taxes or refunds of tax credits to certain entities which were improperly decertified from the Empire Zones Program.
§ 2- Provides the effective date.
Justification
Article 18-B of the General Municipal Law enacted the Economic Developments Zones Act, later the Empire Zones Program, intended to stimulate private investment, private business development, and job creation in certain geographic areas characterized by persistent poverty, high unemployment, shrinking tax base, and dependence on public assistance. Certified Empire Zone Business Enterprises are vital businesses within our communities that encourage job growth and foster economic development. As an incentive to participate, these entities qualify for tax exemptions and refunds.
Nevertheless, in 2009, the Department of Economic Development was directed to conduct a review of all certified business enterprises to determine whether decertification was warranted pursuant to General Municipal Law § 959(w). A number of businesses were decertified from the Empire Zones Program and were prohibited from claiming certain Empire Zone tax credits as a result of the decertification. Some entities timely appealed and subsequently filed an Article 78 proceeding with the New York State Supreme Court. In 2015, the Appellate Division determined that certain entities had been improperly decertified and reinstated the certification of these entities. Despite the Appellate Division's Decision, the Department of Taxation and Finance continues to deny refunds of overpayments of tax and/or refunds of tax credits due to the reinstated entities on the basis that such refunds were not claimed within the applicable time period. The Department of Taxation and Finance continues to ignore the fact that prior to the 2015 Appellate Division's Decision, businesses improperly decertified from the Empire Zones Program were prohibited from filing a claim for refund for tax years beginning on or after January 1, 2009.
Prior legislative history
Similar to Chapter 430 of 2012, Chapters 367 and 508 of 2013, and Chapter 350 of 2014.
Fiscal implications
None - such credits were previously accounted for in the State's financial plan.
Effective date
This act shall take effect immediately and shall only apply to taxable years beginning on and after January 1, 2009.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.