S T A T E O F N E W Y O R K
________________________________________________________________________
8977
I N S E N A T E
September 14, 2020
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the tax law, in relation to establishing the opportunity
zone reporting and reform act; and to amend the executive law, in
relation to requiring the comptroller to prepare a report on the
effectiveness of opportunity zones
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 45 to read
as follows:
§ 45. SHORT TITLE. (A) THIS SECTION MAY BE KNOWN AND SHALL BE CITED AS
THE "OPPORTUNITY ZONE REPORTING AND REFORM ACT".
(B) REPORTING REQUIREMENTS ON QUALIFIED OPPORTUNITY FUNDS. (1) EVERY
QUALIFIED OPPORTUNITY FUND SHALL FILE AN ANNUAL RETURN WITH THE COMMIS-
SIONER (AT SUCH TIME AND IN SUCH MANNER AS THE COMMISSIONER MAY
PRESCRIBE) CONTAINING THE INFORMATION DESCRIBED IN PARAGRAPH TWO OF THIS
SUBDIVISION.
(2) THE INFORMATION REQUIRED TO BE INCLUDED IN ANNUAL RETURNS REQUIRED
PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION IS:
(A) THE NAME, ADDRESS, AND TAXPAYER IDENTIFICATION NUMBER OF THE QUAL-
IFIED OPPORTUNITY FUND AND THE UNIFORM RESOURCE LOCATOR FOR THE WEBSITE
FOR SUCH FUND;
(B) THE VALUE OF ALL PROPERTY HELD BY THE FUND AS OF EACH DATE
DESCRIBED IN SECTION 1400Z-2(D)(1) OF THE INTERNAL REVENUE CODE;
(C) THE VALUE OF:
(I) QUALIFIED OPPORTUNITY ZONE STOCK HELD BY THE FUND ON EACH SUCH
DATE;
(II) QUALIFIED OPPORTUNITY ZONE PARTNERSHIP INTERESTS HELD BY THE FUND
ON EACH SUCH DATE;
(III) QUALIFIED OPPORTUNITY ZONE BUSINESS PROPERTY HELD BY THE FUND ON
EACH SUCH DATE;
(IV) TANGIBLE PROPERTY NOT DESCRIBED IN CLAUSE (I), (II), OR (III) OF
THIS SUBPARAGRAPH AND HELD BY THE FUND ON EACH SUCH DATE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15647-02-0
S. 8977 2
(V) INTANGIBLE PROPERTY (INCLUDING CASH AND CASH EQUIVALENTS) NOT
DESCRIBED IN CLAUSE (I), (II), OR (III) OF THIS SUBPARAGRAPH AND HELD BY
THE FUND ON EACH SUCH DATE;
(D) THE NAME, ADDRESS, AND TAXPAYER IDENTIFICATION NUMBER OF:
(I) EACH CORPORATION IN WHICH THE QUALIFIED OPPORTUNITY FUND OWNS
STOCK; AND
(II) EACH PARTNERSHIP IN WHICH THE QUALIFIED OPPORTUNITY FUND OWNS A
CAPITAL OR PROFITS INTEREST;
(E) WITH RESPECT TO EACH QUALIFIED OPPORTUNITY ZONE BUSINESS WHICH IS
CONDUCTED BY THE QUALIFIED OPPORTUNITY FUND, BY A CORPORATION IN WHICH
THE QUALIFIED OPPORTUNITY FUND OWNS STOCK, OR BY A PARTNERSHIP IN WHICH
THE QUALIFIED OPPORTUNITY FUND OWNS A CAPITAL OR PROFITS INTEREST:
(I) THE IDENTITY OF THE ENTITY CONDUCTING THE QUALIFIED OPPORTUNITY
ZONE BUSINESS; AND
(II) EACH NORTH AMERICAN INDUSTRY CLASSIFICATION CODE THAT APPLIES TO
SUCH TRADE OR BUSINESS;
(III) THE PERCENTAGE OF SUCH BUSINESSES WHICH ARE WOMEN OR MINORITY-
OWNED BUSINESS ENTERPRISES; AND
(IV) THE PERCENTAGE OF SUCH BUSINESSES WHICH ARE OWNED BY FIRST-TIME
BUSINESS OWNERS;
(F) WITH RESPECT TO EACH QUALIFIED OPPORTUNITY ZONE BUSINESS WHICH IS
CONDUCTED BY THE QUALIFIED OPPORTUNITY FUND OR BY A CORPORATION OR PART-
NERSHIP CONTROLLED BY THE QUALIFIED OPPORTUNITY FUND:
(I) THE VALUE (AS OF EACH DATE DESCRIBED IN SECTION 1400Z-2(D)(1) OF
THE INTERNAL REVENUE CODE) OF:
(I) THE TANGIBLE PROPERTY OF SUCH BUSINESS; AND
(II) THE INTANGIBLE PROPERTY (INCLUDING CASH AND CASH EQUIVALENTS) OF
SUCH BUSINESS, SPECIFYING THE NUMBER OF UNION JOBS WHICH WERE CREATED
AND THE WAGES ASSOCIATED WITH SUCH JOBS; AND
(II) THE AVERAGE MONTHLY NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES OF
SUCH BUSINESS DURING THE REPORTING PERIOD, INCLUDING INFORMATION ON THE
NUMBER OF EMPLOYEES FROM LOW AND MIDDLE INCOME COMMUNITIES;
(III) THE NUMBER OF NEW FULL-TIME JOBS WHICH WERE CREATED;
(IV) THE PERCENTAGE OF SUCH BUSINESSES WHICH ARE WOMEN OR MINORITY-
OWNED BUSINESS ENTERPRISES; AND
(V) THE PERCENTAGE OF SUCH BUSINESSES WHICH ARE OWNED BY FIRST-TIME
BUSINESS OWNERS;
(G) WITH RESPECT TO EACH QUALIFIED OPPORTUNITY ZONE BUSINESS PROPERTY
HELD BY THE FUND OR BY A CORPORATION OR PARTNERSHIP CONTROLLED BY THE
QUALIFIED OPPORTUNITY FUND:
(I) THE QUALIFIED OPPORTUNITY ZONE WITH RESPECT TO THE PROPERTY;
(II) THE DATE THE PROPERTY WAS ACQUIRED; AND
(III) IN THE CASE OF REAL PROPERTY:
(I) THE SQUARE FOOTAGE OF SUCH PROPERTY, SPECIFYING THE SQUARE FOOTAGE
OF SUCH PROPERTY WHICH IS ZONED FOR COMMERCIAL USE AND THE SQUARE
FOOTAGE OF SUCH PROPERTY WHICH IS ZONED FOR RESIDENTIAL USE;
(II) THE NUMBER (IF ANY) OF RESIDENTIAL UNITS ON THE PROPERTY, INCLUD-
ING:
1. MANDATE THE REPORTING OF RENTAL PRICES, SALES PRICES, AND FEES
ASSOCIATED WITH THE HOUSING THEY PRODUCE;
2. REPORTING THE PERCENTAGE OF THE HOUSING STOCK THAT IS UNDER ANY
REGULATORY FRAMEWORK AND THE TYPE OF SUCH REGULATORY FRAMEWORK; AND
(III) THE AGGREGATE COSTS INCURRED WITH RESPECT TO SUCH PROPERTY
RELATED TO:
1. LAND ACQUISITION;
2. NEW CONSTRUCTION; AND
S. 8977 3
3. REHABILITATION;
(H) WITH RESPECT TO EACH PERSON WHO HAS INVESTMENTS IN THE QUALIFIED
OPPORTUNITY FUND DURING THE REPORTING PERIOD:
(I) THE NAME AND TAXPAYER IDENTIFICATION NUMBER OF SUCH PERSON;
(II) THE DATE OR DATES ON WHICH SUCH INVESTMENTS WERE MADE;
(III) THE TOTAL AMOUNT OF SUCH INVESTMENTS; AND
(IV) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE; AND
(I) INFORMATION PERTAINING TO EACH INDIVIDUAL TRANSACTION, INCLUDING:
(I) THE PURPOSE OF THE INVESTMENT;
(II) THE SIZE OF THE INVESTMENT;
(III) THE LOCATION OF THE QUALIFYING PROPERTY; AND
(IV) THE TYPE OF QUALIFYING PROPERTY.
(3) EVERY QUALIFIED OPPORTUNITY FUND SHALL INTEGRATE THE INVESTMENT
STRATEGIES EMPLOYED BY SUCH FUND WITH THE NEEDS OF LOCAL COMMUNITIES AND
SHALL ENGAGE THE COMMUNITY BY:
(A) CREATING A COMMUNITY NEEDS ASSESSMENT;
(B) REPORTING ON NON-GOVERNMENTAL ORGANIZATION PARTNERSHIPS; AND
(C) GIVING PUBLIC NOTICE OF DEVELOPMENT.
(4) DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) ANY TERM USED IN THIS SECTION WHICH IS ALSO USED IN SUBCHAPTER Z
OF CHAPTER 1 OF THE INTERNAL REVENUE CODE SHALL HAVE THE SAME MEANING
GIVEN SUCH TERM UNDER SUCH SUBCHAPTER.
(B) THE TERM "CONTROL" SHALL HAVE THE SAME MEANING GIVEN SUCH TERM
UNDER SECTION 954(D)(3) OF THE INTERNAL REVENUE CODE.
(C) THE TERM "FULL-TIME EQUIVALENT EMPLOYEES" MEANS, WITH RESPECT TO
ANY MONTH, THE SUM OF:
(I) THE NUMBER OF FULL-TIME EMPLOYEES (AS DEFINED IN SECTION
4980H(C)(4) OF THE INTERNAL REVENUE CODE) FOR THE MONTH, PLUS
(II) THE NUMBER OF EMPLOYEES DETERMINED (UNDER RULES SIMILAR TO THE
RULES OF SECTION 4980H(C)(2)(E) OF THE INTERNAL REVENUE CODE) BY DIVID-
ING THE AGGREGATE NUMBER OF HOURS OF SERVICE OF EMPLOYEES WHO ARE NOT
FULL-TIME EMPLOYEES FOR THE MONTH BY ONE HUNDRED TWENTY.
(5) EACH QUALIFIED OPPORTUNITY FUND SHALL MAKE THE RETURN FILED PURSU-
ANT TO THIS SECTION PUBLICLY AVAILABLE ON THE QUALIFIED OPPORTUNITY
FUND'S WEBSITE; PROVIDED, HOWEVER, THAT INFORMATION INCLUDED IN THE
RETURN PURSUANT TO SUBPARAGRAPH (H) OF PARAGRAPH TWO OF THIS SUBDIVISION
SHALL BE EXCLUDED FROM SUCH PUBLICLY AVAILABLE REPORT.
(C) INFORMATION ON PERSONS INVESTING IN QUALIFIED OPPORTUNITY FUNDS.
(1) EVERY TAXPAYER WHO MAKES AN INVESTMENT IN A QUALIFIED OPPORTUNITY
FUND SHALL PROVIDE AN ANNUAL STATEMENT TO THE COMMISSIONER (AT SUCH TIME
AND IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE) CONTAINING THE
INFORMATION DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION.
(2) THE INFORMATION REQUIRED TO BE INCLUDED IN ANNUAL STATEMENTS
REQUIRED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION IS:
(A) THE NAME, ADDRESS, AND TAXPAYER IDENTIFICATION NUMBER OF THE
TAXPAYER;
(B) THE NAME AND TAXPAYER IDENTIFICATION NUMBER OF THE QUALIFIED
OPPORTUNITY FUND IN WHICH THE INVESTMENT WAS MADE;
(C) THE DATE SUCH INVESTMENT WAS MADE IN A QUALIFIED OPPORTUNITY FUND
AND THE AMOUNT OF SUCH INVESTMENT, INCLUDING A SEPARATE STATEMENT OF THE
AMOUNT OF ANY SUCH INVESTMENTS WHICH ARE GAIN FOR WHICH AN ELECTION WAS
MADE UNDER SECTION 1400Z-2(A)(1) OF THE INTERNAL REVENUE CODE;
(D) THE DATE OF THE DISPOSITION OF THE INVESTMENT; AND
(E) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
S. 8977 4
(D) PENALTIES. (1) IN THE CASE OF A FAILURE TO MAKE A REPORT OR STATE-
MENT REQUIRED UNDER SUBDIVISION (B) OR (C) OF THIS SECTION THAT CONTAINS
THE INFORMATION REQUIRED BY SUCH SUBDIVISIONS ON THE DATE PRESCRIBED
THEREFOR, OR FOR FAILURE TO MEET THE REQUIREMENTS SPECIFIED IN PARAGRAPH
TWO OF SUCH SUBDIVISION, THERE SHALL BE A FINE IN AN AMOUNT EQUAL TO A
PERCENTAGE OF THE AMOUNT ALLOCATED UNDER SUBDIVISION (B) OR (C) OF THIS
SECTION, AS FOLLOWS:
(A) FOR THE FIRST FAILURE, A PENALTY OF ONE-HALF OF ONE PERCENT.
(B) FOR THE SECOND FAILURE, A PENALTY OF ONE PERCENT.
(C) FOR THE THIRD FAILURE, A PENALTY OF ONE AND ONE-HALF PERCENT.
(D) FOR THE FOURTH FAILURE, A PENALTY OF TWO PERCENT.
(E) FOR THE FIFTH FAILURE, A PENALTY OF TWO AND ONE-HALF PERCENT.
(F) AFTER THE FIFTH FAILURE, ANY SUBSEQUENT FAILURE SHALL RESULT IN
REVOCATION OF THE QUALIFIED OPPORTUNITY ZONE FUND ALLOCATION.
(2) IN THE CASE OF A FAILURE TO MAKE A RETURN OR STATEMENT AS REQUIRED
UNDER SUBDIVISION (B) OR (C) OF THIS SECTION ON OR BEFORE THE DUE DATE
OF THE RETURN OR STATEMENT, A PENALTY OF TEN PERCENT OF THE CAPITAL
GAINS REQUIRED TO BE INCLUDED ON A RETURN PURSUANT TO THIS CHAPTER.
§ 2. The executive law is amended by adding a new section 171 to read
as follows:
§ 171. REPORT ON OPPORTUNITY ZONES. 1. THE COMPTROLLER SHALL SUBMIT AN
ANNUAL REPORT ON THE EFFECTIVENESS OF OPPORTUNITY ZONES AND COMPLIANCE
WITH THE REPORTING REQUIREMENTS ESTABLISHED PURSUANT TO SECTION FORTY-
FIVE OF THE TAX LAW.
2. THE REPORT SUBMITTED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE AN ANALYSIS OF:
(A) THE DISTRIBUTION OF INVESTMENTS OF QUALIFIED OPPORTUNITY FUNDS
AMONG QUALIFIED OPPORTUNITY ZONES;
(B) THE DISTRIBUTION OF SUCH INVESTMENTS ACROSS DIFFERENT INDUSTRIES
OR INVESTMENT PURPOSES;
(C) THE IMPACT OF THE DESIGNATION OF AN AREA AS A QUALIFIED OPPORTU-
NITY ZONE ON:
(I) ECONOMIC INDICATORS, INCLUDING EMPLOYMENT, NEW BUSINESS START-UPS,
AND POVERTY REDUCTION;
(II) HOUSING COSTS; AND
(III) INCOME DISTRIBUTION AMONG RESIDENTS OF SUCH ZONES;
(D) THE ECONOMIC BENEFITS PROVIDED BY SUCH DESIGNATIONS COMPARED TO
ECONOMIC COSTS; AND
(E) TO THE EXTENT PRACTICABLE, THE IMPACT OF THE PROVISIONS OF
SUBCHAPTER Z OF CHAPTER 1 OF THE INTERNAL REVENUE CODE ON LOW-INCOME
COMMUNITIES THAT HAVE NOT BEEN DESIGNATED AS QUALIFIED OPPORTUNITY
ZONES.
3. THE COMPTROLLER SHALL SUBMIT AN ANNUAL REPORT OF HIS OR HER FIND-
INGS AND RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE ON OR
BEFORE DECEMBER THIRTY-FIRST OF EACH YEAR.
§ 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.