S T A T E O F N E W Y O R K
________________________________________________________________________
984--A
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 -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
Section 1. Paragraph 1 of subdivision (g) of section 14 of the tax
law, as amended by section 1 of part Z-1 of chapter 109 of the laws of
2006, is amended to read as follows:
(1) 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. Such
number shall not include individuals employed within the state within
the immediately preceding sixty months by a related person to the QEZE,
as such term "related person" is defined in subparagraph (c) of para-
graph three of subsection (b) of section four hundred sixty-five of the
internal revenue code. For this purpose, a "related person" shall
include an entity which would have qualified as a "related person" to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04579-02-4
S. 984--A 2
the QEZE if it had not been dissolved, liquidated, merged with another
entity or otherwise ceased to exist or operate. PROVIDED, HOWEVER, SUCH
NUMBER MAY INCLUDE INDIVIDUALS EMPLOYED FULL-TIME OR AS FULL-TIME EQUIV-
ALENTS BY A BUSINESS ENTITY OTHER THAN THE QEZE, PROVIDED, (I) SUCH
INDIVIDUALS WORK FULL-TIME OR ARE FULL-TIME EQUIVALENTS AT THE QEZE'S
EMPIRE ZONE LOCATION PURSUANT TO A WRITTEN AGREEMENT ENTERED INTO FOR
MANAGEMENT AND/OR OPERATIONAL SERVICES BETWEEN THE QEZE AND THE BUSINESS
ENTITY WHICH EMPLOYS SUCH INDIVIDUALS, (II) THE BUSINESS ENTITY WHICH
EMPLOYS SUCH INDIVIDUALS IS NOT CERTIFIED UNDER ARTICLE EIGHTEEN-B OF
THE GENERAL MUNICIPAL LAW WITHIN SUCH ZONE, AND (III) ALL OTHER REQUIRE-
MENTS OF THIS PARAGRAPH REGARDING SUCH INDIVIDUALS ARE SATISFIED.
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.