Section 187-L. Empire zone employment incentive credit for agricultural cooperatives

1. Where a taxpayer is allowed a credit under section  one  hundred  eighty-seven-k of this article, the taxpayer shall be allowed a
  credit for each of the three years next succeeding the taxable year  for
  which  the  credit  under  such  section  one  hundred eighty-seven-k is
  allowed, with respect to such property, whether  or  not  deductible  in
  such taxable year or in subsequent taxable years pursuant to subdivision
  four  of  such  section one hundred eighty-seven-k, of thirty percent of
  the credit allowable under  such  section  one  hundred  eighty-seven-k;
  provided,  however, that the credit allowable under this section for any
  taxable year shall only be allowed if the average  number  of  employees
  employed  by  the  taxpayer  in  the empire zone, designated pursuant to
  article eighteen-B of the general municipal law, in which such  property
  is  located during such taxable year is at least one hundred one percent
  of the average number of employees employed  by  the  taxpayer  in  such
  empire  zone  or,  where applicable, in the geographic area subsequently
  constituting such zone, during the taxable  year  immediately  preceding
  the  taxable  year  for  which the credit under such section one hundred
  eighty-seven-k is allowed and provided, further, that  if  the  taxpayer
  was  not  subject  to  tax  and  did not have a taxable year immediately
  preceding the taxable year  for  which  the  credit  under  section  one
  hundred  eighty-seven-k  is  allowed,  the  credit  allowable under this
  section for any taxable year shall be allowed if the average  number  of
  employees  employed in such empire zone in such taxable year is at least
  one hundred one percent of the average number of such  employees  during
  the  taxable  year  in  which  the credit under such section one hundred
  eighty-seven-k is allowed.
    2. The average number of employees employed in  an  empire  zone,  or,
  where  applicable, in the geographic area subsequently constituting such
  zone, in a taxable year shall be computed by ascertaining the number  of
  such employees within such zone, or, where applicable, in the geographic
  area  subsequently  constituting  such  zone,  except  general executive
  officers, 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 in the taxable year, by adding together the
  number  of  employees ascertained on each of such dates and dividing the
  sum so obtained by the number of such  above-mentioned  dates  occurring
  within  the  taxable  year.  For  the purposes of this section, the term
  "employees" and the term "general executive  officers"  shall  mean  the
  same  as  in subparagraph three of paragraph (a) of subdivision three of
  section two hundred ten of this chapter.
    3. In no event shall the credit herein provided for be allowed  in  an
  amount  which  will  reduce the tax payable to less than the minimum tax
  prescribed in subdivision two of section one hundred eighty-five of this
  article. Provided, however, that if the amount of credit allowable under
  this section for any taxable year reduces the tax to  such  amount,  any
  amount of credit not deductible in such taxable year may be carried over
  to  the  following year or years and may be deducted from the taxpayer's
  tax for such year or years.