Section 11-643.7. Relocation and employment assistance credit  


Latest version.
  • (a) In
      addition to any other credit allowed by this part, a taxpayer  that  has
      obtained   the   certifications  required  by  chapter  six-B  of  title
      twenty-two of the code shall be allowed a credit against the tax imposed
      by this part. The amount of the credit shall be the amount determined by
      multiplying five hundred dollars or, in the case of a taxpayer that  has
      obtained   pursuant   to  chapter  six-B  of  such  title  twenty-two  a
      certification of eligibility dated on  or  after  July  first,  nineteen
      hundred ninety-five, one thousand dollars or, in the case of an eligible
      business  that  has  obtained  pursuant  to  chapter six-B of such title
      twenty-two a certification of eligibility dated on or after July  first,
      two  thousand,  for  a  relocation to eligible premises located within a
      revitalization area defined in subdivision (n) of section 22-621 of  the
      code,  three  thousand  dollars,  by  the  number  of eligible aggregate
      employment shares maintained by the taxpayer  during  the  taxable  year
      with respect to particular premises to which the taxpayer has relocated;
      provided, however, with respect to a relocation for which no application
      for  a  certificate of eligibility is submitted prior to July first, two
      thousand three to eligible premises that are not within a revitalization
      area,  if  the  date  of  such  relocation  as  determined  pursuant  to
      subdivision  (j)  of  section  22-621  of the code is before July first,
      nineteen hundred ninety-five, the amount to be multiplied by the  number
      of  eligible  aggregate employment shares shall be five hundred dollars,
      and with respect  to  a  relocation  for  which  no  application  for  a
      certificate  of  eligibility  is  submitted  prior  to  July  first, two
      thousand three, to eligible premises that are  within  a  revitalization
      area,  if  the  date  of  such  relocation  as  determined  pursuant  to
      subdivision (j) of such section is before July first,  nineteen  hundred
      ninety-five,  the  amount  to  be  multiplied  by the number of eligible
      aggregate employment shares shall be five hundred dollars,  and  if  the
      date  of  such  relocation  as determined pursuant to subdivision (j) of
      such section is on or after July first,  nineteen  hundred  ninety-five,
      and  before  July  first,  two thousand, one thousand dollars; provided,
      however, that no credit shall be  allowed  for  the  relocation  of  any
      retail  activity  or hotel services; and provided that in the case of an
      eligible business that has obtained pursuant to chapter  six-B  of  such
      title  twenty-two  certifications  of  eligibility  for  more  than  one
      relocation, the portion  of  the  total  amount  of  eligible  aggregate
      employment  shares  to  be  multiplied by the dollar amount specified in
      this subdivision for each such certification of a  relocation  shall  be
      the  number  of  total  attributed  eligible aggregate employment shares
      determined with respect to such relocation pursuant to  subdivision  (o)
      of  section  22-621 of the code. For purposes of this section, the terms
      "eligible aggregate employment shares,"  "relocate,"  "retail  activity"
      and  "hotel services" shall have the meanings ascribed by section 22-621
      of the code.
        (b) The credit allowed under this section  with  respect  to  eligible
      aggregate  employment  shares  maintained  with  respect  to  particular
      premises to which the taxpayer has relocated shall be  allowed  for  the
      first  taxable  year  during  which  such  eligible aggregate employment
      shares are maintained with respect to such premises and for any  of  the
      twelve   succeeding   taxable  years  during  which  eligible  aggregate
      employment shares are maintained with respect to such premises; provided
      that the credit allowed for the twelfth succeeding taxable year shall be
      calculated by multiplying the number of  eligible  aggregate  employment
      shares   maintained  with  respect  to  such  premises  in  the  twelfth
      succeeding taxable year  by  the  lesser  of  one  and  a  fraction  the
      numerator  of  which  is  such  number  of  days  in the taxable year of
    
      relocation less the number of  days  the  eligible  business  maintained
      employment  shares  in  the  eligible  premises  in  the taxable year of
      relocation and the denominator of which is the number of  days  in  such
      twelfth  succeeding  taxable  year  during which such eligible aggregate
      employment shares are maintained with respect to such  premises.  Except
      as  provided  in  subdivision  (d) of this section, if the amount of the
      credit allowable under this section for any taxable year exceeds the tax
      imposed for such year, the excess may be carried over, in order, to  the
      five  immediately  succeeding  taxable  years  and,  to  the  extent not
      previously deductible, may be deducted from the taxpayer's tax for  such
      years.
        (c)  The  credit  allowable under this section shall be deducted after
      the credit allowed by section 11-643.8, but prior to  the  deduction  of
      any other credit allowed by this part.
        (d)  In  the  case  of a taxpayer that has obtained a certification of
      eligibility pursuant to chapter six-B of title twenty-two  of  the  code
      dated  on or after July first, two thousand for a relocation to eligible
      premises located within the revitalization area defined  in  subdivision
      (n)  of  section  22-621  of  the  code,  the credits allowed under this
      section, or in the case of a taxpayer that has relocated more than once,
      the  portion  of  such  credits  attributed  to  such  certification  of
      eligibility pursuant to subdivision (a) of this section, against the tax
      imposed  by this chapter for the taxable year of such relocation and for
      the four taxable years immediately succeeding the taxable year  of  such
      relocation, shall be deemed to be overpayments of tax by the taxpayer to
      be  credited  or  refunded,  without  interest,  in  accordance with the
      provisions of section 11-677 of this chapter. For  such  taxable  years,
      such  credits  or  portions  thereof  may  not  be  carried  over to any
      succeeding taxable year; provided, however, that this subdivision  shall
      not apply to any relocation for which an application for a certification
      of  eligibility  was  not  submitted  prior  to July first, two thousand
      three, unless the date of such relocation is on or after July first, two
      thousand.