§ 22-627 Definitions.
AC § 22-627
When used in this chapter, the following terms shall have the following meanings: (a) "Aggregate employment shares" means the sum of all employment shares maintained by an eligible business in a taxable year.
(b)"Eligible aggregate employment shares" means, in the case of an eligible business, the amount, if any, of aggregate employment shares maintained by an eligible business in eligible premises in the taxable year in which such eligible business claims a credit pursuant to section 22-628 of this chapter; provided, however, that: (1) such amount shall not exceed the lesser of: (i) the number of aggregate employment shares maintained by such eligible business in eligible premises in the taxable year during which such eligible business relocates; (ii) the maximum approved employment shares for such eligible business; or (iii) an amount equal to the product of multiplying the aggregate employment shares and the linear scalar for such eligible business in such tax year; and (2) a full-time work week or part-time work week at eligible premises prior to the date of relocation shall not be taken into account in determining eligible aggregate employment shares.
(c)"Eligible business" means any person subject to a tax imposed under chapter five, subchapter two, three or three-A of chapter six of title eleven of this code, that: (1) has been conducting substantial business operations at one or more business locations outside of New York state for the twenty-four consecutive months immediately preceding the taxable year during which such eligible business relocates but has not maintained employment shares at premises in New York state at any time during the period beginning January first, two thousand twenty-five and ending on the date such business enters into a lease or a contract to purchase the premises that will qualify as eligible premises pursuant to this chapter; and (2) on or after July first, two thousand twenty-five relocates all or part of such business operations.
(d)"Eligible premises" means one or more non-residential premises that consist of at least ten thousand square feet that are: (1) wholly contained in real property located in the city of New York; and (2) if contained in real property wholly contained in the borough of Manhattan, are premises for which final certificates of occupancy were issued prior to January first, two thousand.
(e)"Employment share" means, for each employee, partner or sole proprietor of an eligible business, the sum of: (1) the number of full-time work weeks worked by such employee, partner or sole proprietor during the eligible business's taxable year divided by the number of weeks in the taxable year; and (2) the number of part-time work weeks worked by such employee, partner or sole proprietor during the eligible business's taxable year divided by an amount equal to twice the number of weeks in the taxable year. Employment share shall not include full-time or part-time work weeks attributable to employees, partners or sole proprietors acquired by an eligible business as a result of a merger with, acquisition of another person, or a transaction having a comparable effect, that occurs after June thirtieth, two thousand twenty-five, and before the end of the taxable year in which a credit is claimed by such eligible business pursuant to this section, or to successors, if any, to those employees, partners or sole proprietors.
(f)"Full-time work week" means a week during which at least thirty-five hours of gainful work has been performed by an employee, partner or sole proprietor.
(g)"Hotel services" means any services that consist predominately of the lodging of guests at a building or a portion thereof that is regularly used and kept open for such services. Hotel services shall include the lodging of guests at an apartment hotel, a motel, boarding house or club, whether or not meals are served.
(h)"Linear scalar" means, for an eligible business in a taxable year, the quotient of dividing: (1) the total square footage of an eligible premises; by (2) the product of multiplying one hundred seventy-five by such business's aggregate employment shares.
(i)"Maximum approved employment shares" means a limitation on the aggregate employment shares that an eligible business may receive in any taxable year determined by the mayor pursuant to section 22-628 of this chapter based on documentation submitted by such business demonstrating such business's intention to relocate. The maximum approved employment shares is the number of aggregate employment shares such business intends to relocate as indicated by the mayor on the applicable initial certification of eligibility.
(j)"Mayor" means the mayor, or an agency as designated by the mayor.
(k)"Part-time work week" means a week during which at least fifteen but less than thirty-five hours of gainful work has been performed by an employee, partner or sole proprietor.
(l)"Person" includes any individual, partnership, association, joint-stock company, corporation, estate or trust, limited liability company, and any combination of the foregoing.
(m)"Program total" means the sum of maximum approved aggregate employment shares included in all initial certification of eligibility issued by the mayor.
(n)"Relocate" means, with respect to an eligible business, to transfer a pre-existing business operation to an eligible premises, or to establish a new business operation at such premises, provided that an eligible business shall not be deemed to have relocated unless at least one employee, partner or sole proprietor of the eligible business is transferred to such premises from a pre-existing business operation conducted outside the state of New York. The date of relocation shall be the first day on which the individual so transferred commences work at such eligible premises. The taxable year of relocation shall be the taxable year in which the date of relocation occurs. For purposes of this chapter, an eligible business may relocate only once but may add or substitute other eligible premises throughout such period.
(o)"Retail activity" means any activity which consists predominately of: (1) the sale, other than through the mail or by the telephone or by means of the internet, of tangible personal property to a person, for any purpose unrelated to the trade or business of such person; (2) the selling of a service to an individual which generally involves the physical, mental or spiritual care of such individual; (3) the physical care of the personal property of any person unrelated to the trade or business of such person; or (4) the provision of a retail banking service. (2025 N.Y. Laws Ch. 171, 6/26/2025, eff. 7/1/2025)
