Bill Text: NY S00984 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2014-01-23 - PRINT NUMBER 984A [S00984 Detail]

Download: New_York-2013-S00984-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          984
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04579-01-3
       S. 984                              2
    1  ALENTS BY A BUSINESS ENTITY OTHER THAN  THE  QEZE,  PROVIDED,  (I)  SUCH
    2  INDIVIDUALS  WORK  FULL-TIME  OR ARE FULL-TIME EQUIVALENTS AT THE QEZE'S
    3  EMPIRE ZONE LOCATION PURSUANT TO A WRITTEN AGREEMENT  ENTERED  INTO  FOR
    4  MANAGEMENT AND/OR OPERATIONAL SERVICES BETWEEN THE QEZE AND THE BUSINESS
    5  ENTITY  WHICH  EMPLOYS  SUCH INDIVIDUALS, (II) THE BUSINESS ENTITY WHICH
    6  EMPLOYS SUCH INDIVIDUALS IS NOT CERTIFIED UNDER  ARTICLE  EIGHTEEN-B  OF
    7  THE GENERAL MUNICIPAL LAW WITHIN SUCH ZONE, AND (III) ALL OTHER REQUIRE-
    8  MENTS OF THIS PARAGRAPH REGARDING SUCH INDIVIDUALS ARE SATISFIED.
    9    S 2. This act shall take effect immediately and shall apply to taxable
   10  years beginning on or after January 1, 2013.