Section 489-EEEEEE. Reporting requirement  


Latest version.
  • 1.  Continuing  use.  For the
      duration of the benefit period, the recipient  of  benefits  shall  file
      biennially  with  the  department,  on or before the appropriate taxable
      status date, a statement of the continuing use of such property and  any
      changes  in  use  that  have occurred. This statement shall be in a form
      determined by the department and may be in  any  format  the  department
      determines,  in  its  discretion,  is  appropriate, including electronic
      format. The department shall have authority to terminate  such  benefits
      upon  failure  of  a recipient to file such statement by the appropriate
      taxable status date.  The burden of proof shall be on the  recipient  to
      establish  continuing  eligibility for benefits and the department shall
      have  the  authority  to  require  that  statements  filed  under   this
      subdivision be certified.
        2.  Conversion of construction. A recipient shall file an amendment to
      the latest statement of continuing use prior to:
        (a) converting square footage within property that is the  subject  of
      benefits for industrial construction work from use for the manufacturing
      activities  described  in  such  statement  of continuing use where such
      conversion would result in less than sixty-five  percent  of  total  net
      square  footage  being  used  or  held  out  for  use  for manufacturing
      activities; or
        (b) converting any portion of property that is the subject of benefits
      for industrial construction work for use for any restricted activity  or
      as residential property.
        (c) For all other use conversions, applicants shall immediately notify
      the  department  of a change in use, in a manner that the department may
      determine.
        3. Minimum required expenditure. No later than sixty  days  after  the
      minimum  required  expenditure  must  be  made  under subdivision one of
      section four hundred eighty-nine-cccccc of  this  title,  the  applicant
      shall  submit to the department a certified statement that the applicant
      has made the minimum required expenditure as required by this title.