Bill Text: NY S07445 | 2011-2012 | General Assembly | Introduced
Bill Title: Changes the definition of "employment number" with respect to empire zones to include employees of contract operators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-18 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07445 Detail]
Download: New_York-2011-S07445-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7445 A. 10282
S E N A T E - A S S E M B L Y
May 18, 2012
___________
IN SENATE -- Introduced by Sen. MARTINS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. MURRAY -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the definition of employment
number with respect to the empire zones program to allow for the
eligibility of employees of contract operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 1 of subdivision (g) of section 14 of the tax
2 law, as amended by section 1 of part Z-1 of chapter 109 of the laws of
3 2006, is amended to read as follows:
4 (1) The term "employment number" shall mean the average number of
5 individuals, excluding general executive officers (in the case of a
6 corporation), employed full-time by the enterprise for at least one-half
7 of the taxable year. Such number shall be computed by determining the
8 number of such individuals employed by the taxpayer on the thirty-first
9 day of March, the thirtieth day of June, the thirtieth day of September
10 and the thirty-first day of December during the applicable taxable year,
11 adding together the number of such individuals determined to be so
12 employed on each of such dates and dividing the sum so obtained by the
13 number of such dates occurring within such applicable taxable year. Such
14 number shall not include individuals employed within the state within
15 the immediately preceding sixty months by a related person to the QEZE,
16 as such term "related person" is defined in subparagraph (c) of para-
17 graph three of subsection (b) of section four hundred sixty-five of the
18 internal revenue code. For this purpose, a "related person" shall
19 include an entity which would have qualified as a "related person" to
20 the QEZE if it had not been dissolved, liquidated, merged with another
21 entity or otherwise ceased to exist or operate. PROVIDED, HOWEVER, SUCH
22 NUMBER MAY INCLUDE INDIVIDUALS EMPLOYED FULL-TIME OR AS FULL-TIME EQUIV-
23 ALENTS BY A BUSINESS ENTITY OTHER THAN THE QEZE, PROVIDED, (I) SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15678-02-2
S. 7445 2 A. 10282
1 INDIVIDUALS WORK FULL-TIME OR ARE FULL-TIME EQUIVALENTS AT THE QEZE'S
2 EMPIRE ZONE LOCATION PURSUANT TO A WRITTEN AGREEMENT ENTERED INTO FOR
3 MANAGEMENT AND/OR OPERATIONAL SERVICES BETWEEN THE QEZE AND THE BUSINESS
4 ENTITY WHICH EMPLOYS SUCH INDIVIDUALS, (II) THE BUSINESS ENTITY WHICH
5 EMPLOYS SUCH INDIVIDUALS IS NOT CERTIFIED UNDER ARTICLE EIGHTEEN-B OF
6 THE GENERAL MUNICIPAL LAW WITHIN SUCH ZONE, AND (III) ALL OTHER REQUIRE-
7 MENTS OF THIS PARAGRAPH REGARDING SUCH INDIVIDUALS ARE SATISFIED.
8 S 2. This act shall take effect immediately and shall apply to taxable
9 years beginning on or after January 1, 2012.
