New York Consolidated Laws, Economic Development Law - COM § 425. Empire state jobs retention program credit

1. A participant in the empire state jobs retention program shall be eligible to claim a credit for the impacted jobs.  For a business entity that employes   1 three to forty-nine employees, the amount of such credit shall be equal to the product of the gross wages paid for the impacted jobs and up to 15 percent.  For a business entity that employs fifty to one hundred employees, the amount of such credit shall be equal to the product of the gross wages paid for the impacted jobs and up to 7.5 percent.  For a business entity that employs greater than one hundred employees, the amount of such credit shall be equal to the product of the gross wages paid for the impacted jobs and up to 3.75 percent.  An eligible business entity may only receive up to $500,000 in tax credits per event triggering an emergency declaration by the governor.

2. The tax credit established in this section shall be refundable as provided in the tax law.  If a participant fails to satisfy the eligibility criteria, it will lose the ability to claim credit.  The event of such failure shall not extend the original six-month eligibility period.

3. The business enterprise shall be allowed to claim the credit as prescribed in section thirty-six of the tax law.

4. A participant may be eligible for benefits under this article as well as article seventeen of this chapter, provided the participant can only receive benefits pursuant to subdivision two of section three hundred fifty-five of this chapter for costs in excess of costs recovered by insurance.