New York City Council Header
File #: Int 1065-2009    Version: * Name: Providing a biotechnology credit against the general corporation tax, and the unincorporated business tax.
Type: Introduction Status: Enacted
Committee: Committee on Finance
On agenda: 8/20/2009
Enactment date: 10/7/2009 Law number: 2009/067
Title: A Local Law to amend the administrative code of the city of New York, in relation to providing a biotechnology credit against the general corporation tax, and the unincorporated business tax.
Sponsors: Jessica S. Lappin, Daniel R. Garodnick, Christine C. Quinn, Gale A. Brewer, Leroy G. Comrie, Jr., Lewis A. Fidler, Vincent J. Gentile, Alan J. Gerson, Letitia James, Kendall Stewart, David I. Weprin, Michael C. Nelson, Erik Martin Dilan, James F. Gennaro, Robert Jackson, Helen Sears
Council Member Sponsors: 16
Attachments: 1. Cover Sheet, 2. Memo In Support, 3. Committee Report 9/17/09, 4. Hearing Transcript 9/17/09, 5. Hearing Transcript - Stated Meeting 9/17/09, 6. Fiscal Impact Statement, 7. Mayor's Letter, 8. Local Law
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/7/2009*Jessica S. Lappin City Council Recved from Mayor by Council  Action details Meeting details Not available
10/7/2009*Jessica S. Lappin Mayor Hearing Held by Mayor  Action details Meeting details Not available
10/7/2009*Jessica S. Lappin Mayor Signed Into Law by Mayor  Action details Meeting details Not available
9/30/2009*Jessica S. Lappin City Council Sent to Mayor by Council  Action details Meeting details Not available
9/17/2009*Jessica S. Lappin City Council Approved by CouncilPass Action details Meeting details Not available
9/17/2009*Jessica S. Lappin Committee on Finance Hearing Held by Committee  Action details Meeting details Not available
9/17/2009*Jessica S. Lappin Committee on Finance Approved by CommitteePass Action details Meeting details Not available
8/20/2009*Jessica S. Lappin City Council Referred to Comm by Council  Action details Meeting details Not available
8/20/2009*Jessica S. Lappin City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1065

 

By Council Members Lappin, Garodnick, The Speaker (Council Member Quinn), Brewer, Comrie, Fidler, Gentile, Gerson, James, Stewart, Weprin, Nelson, Dilan, Gennaro, Jackson and Sears

 

A Local Law to amend the administrative code of the city of New York, in relation to providing a biotechnology credit against the general corporation tax, and the unincorporated business tax.

Be it enacted by the Council as follows:

Section 1.  Section 11-604 of the administrative code of the city of New York is amended by adding a new subdivision 21 to read as follows:

21.   Biotechnology Credit.  (a) (1) A taxpayer that is a qualified emerging technology company, engages in biotechnologies, and meets  the  eligibility  requirements   of this subdivision, shall be allowed a credit against the tax  imposed by this subchapter.  The amount of credit shall be equal to the sum of the amounts specified in subparagraphs (3), (4), and (5) of this paragraph, subject  to  the  limitations  in  subparagraph (7) of  this paragraph and paragraph (b) of this subdivision.  For the purposes of this subdivision, “qualified  emerging  technology  company”  shall  mean a company located in city: (A) whose primary products  or  services  are classified as emerging technologies and whose total annual product sales are ten million dollars or less; or (B) a company that has research and development activities in city and whose ratio of research and development  funds  to net sales equals or exceeds the average ratio for all surveyed companies classified as determined by the National  Science Foundation  in  the  most  recent  published  results from its Survey of Industry Research and Development, or any comparable successor survey as determined by the department, and whose total annual product  sales  are ten million dollars or less. For the purposes of this subdivision, the definition of research and development funds shall be the same as that used by the National Science Foundation  in  the  aforementioned survey.   For the purposes of this subdivision, “biotechnologies” shall mean  the technologies  involving the  scientific  manipulation  of  living  organisms,  especially at the molecular and/or the sub-molecular genetic level,  to  produce  products conducive  to  improving  the  lives  and health of plants, animals, and humans;  and  the  associated  scientific   research,   pharmacological, mechanical,  and  computational applications and services connected with these improvements.  Activities  included  with  such  applications  and services  shall  include,  but  not  be  limited  to,  alternative  mRNA splicing,   DNA   sequence   amplification,  antigenetic switching bioaugmentation,   bioenrichment,  bioremediation,  chromosome  walking, cytogenetic engineering, DNA diagnosis, fingerprinting, and  sequencing, electroporation,  gene  translocation,  genetic  mapping,  site-directed mutagenesis,   bio-transduction,   bio-mechanical   and   bio-electrical engineering, and bio-informatics.

                     (2)  An  eligible  taxpayer  shall  (A)  have no more than one hundred full-time employees, of which at least seventy-five percent are employed in the city,  (B) have a ratio of research and  development  funds to  net sales, as referred to in section thirty-one hundred two-e of the public authorities law, which equals or exceeds six percent during  the calendar year ending with or within the taxable  year for which the credit is claimed,  and  (C)  have  gross  revenues,  along with the gross revenues of its “affiliates” and “related  members” not  exceeding  twenty million  dollars for the calendar year immediately preceding the calendar year ending with or within the taxable year for which the credit is claimed.  For the purposes of this subdivision, “affiliates” shall mean those corporations that are members of the same affiliated group (as defined in section fifteen hundred four of the internal revenue code) as the taxpayer.  For the purposes of this subdivision, the   term  “related  members”  shall mean  a  person, corporation, or other entity, including an entity that is treated  as  a partnership  or  other  pass-through  vehicle  for  purposes  of federal taxation, whether such person, corporation or entity is  a  taxpayer  or not,  where  one  such person, corporation or entity, or set of related persons, corporations  or  entities,  directly  or  indirectly  owns  or controls  a  controlling  interest  in  another  entity.  Such entity or entities  may  include  all  taxpayers  under  chapters five, eleven and seventeen of this title, and subchapters two and three of this chapter.  A controlling interest shall mean, in the case  of  a  corporation,  either  thirty  percent  or more of the total combined voting power of all classes of stock of  such  corporation,  or thirty percent or more of the capital, profits or beneficial interest in such  voting  stock  of  such  corporation; and  in the case of a partnership, association, trust or other entity, thirty percent or  more of  the  capital,  profits  or  beneficial interest in such partnership, association, trust or other entity.

(3)  An  eligible  taxpayer shall be allowed a credit for eighteen per centum of the cost or other basis for federal  income  tax  purposes  of research  and  development  property  that is acquired by the  taxpayer  by purchase  as  defined in section 179(d) of the internal revenue code and placed in service during the calendar year that ends with or within the taxable year for which the credit is claimed.  Provided,  however,  for  the purposes of this paragraph only, an eligible taxpayer shall be allowed a credit  for  such  percentage of the (A) cost or other basis for federal income tax purposes for property used in the testing  or  inspection  of materials and products, (B)  the  costs  or  expenses  associated with quality control of the research and development, (C)  fees  for  use  of  sophisticated  technology  facilities   and processes, and (D)  fees  for  the production or eventual commercial distribution of materials and products resulting from  the  activities  of  an  eligible taxpayer  as long as such activities fall under activities relating to biotechnologies. The costs, expenses and other amounts for which a credit is allowed and claimed under this paragraph shall not be used in the calculation of any other credit allowed under this subchapter.  For the purposes of this subdivision, “research and development property” shall mean property that is used for purposes of research and development in the experimental or laboratory sense. Such purposes shall not be deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies, consumer surveys, advertising, promotions, or research in connection with literary, historical or similar projects.

(4) An eligible taxpayer shall be allowed a credit for nine per centum of qualified research expenses paid or incurred by the taxpayer in the calendar year that ends with or within the taxable  year for which the credit is claimed.   For the purposes of this subdivision, "qualified  research  expenses"  shall  mean  expenses associated with in-house research and processes,  and  costs  associated with  the  dissemination  of  the  results of the products that directly result from such research and development activities; provided, however, that such costs shall  not  include  advertising  or  promotion  through media.  In  addition,  costs  associated  with the preparation of patent applications, patent application  filing  fees,  patent  research  fees, patent examinations fees, patent post allowance fees, patent maintenance fees, and grant application expenses and fees shall qualify as qualified research expenses.  In  no case shall the credit allowed under this subparagraph apply to  expenses  for  litigation  or  the  challenge  of  another  entity's intellectual property rights, or for contract expenses involving outside paid consultants.

(5)  An  eligible  taxpayer  shall  be  allowed a credit for qualified high-technology training expenditures as  described  in  this  subparagraph paid  or incurred by the taxpayer during the calendar year that ends with or within the taxable year for which the credit is claimed.

(A) The amount of credit shall be one hundred percent of the training expenses described in clause (C) of this subparagraph, subject to a limitation of no more than four thousand dollars per employee per calendar year for such training expenses.

 (B)  Qualified  high-technology  training  shall  include a course or courses taken  and  satisfactorily  completed  by  an  employee  of  the taxpayer  at  an  accredited,  degree granting post-secondary college or university in city that (i) directly relates to biotechnology activities, and (ii)  is  intended  to  upgrade, retrain or improve the productivity or theoretical awareness of  the  employee.  Such  course  or  courses  may include,  but  are  not  limited to, instruction or research relating to techniques, meta, macro, or  micro-theoretical  or  practical  knowledge bases or frontiers, or ethical concerns related to such activities. Such course or  courses  shall  not  include  classes  in the disciplines of management, accounting or the law or any class designed to  fulfill  the

discipline specific  requirements of a degree program at the associate, baccalaureate, graduate or  professional  level  of  these  disciplines.  Satisfactory  completion  of  a course or courses shall mean the earning and granting of credit or equivalent unit,  with  the  attainment  of  a grade of "B" or higher in a graduate level course or courses, a grade of "C"  or higher in an undergraduate level course or courses, or a similar measure of competency for a course that is not measured according  to  a standard grade formula.

(C)  Qualified  high-technology  training expenditures shall include expenses for tuition  and  mandatory  fees,  software  required  by  the institution,  fees  for  textbooks  or  other literature required by the institution  offering  the   course   or   courses,   minus   applicable scholarships  and  tuition or fee waivers not granted by the taxpayer or any affiliates of the taxpayer, that  are  paid  or  reimbursed  by  the taxpayer. Qualified high-technology expenditures do not include room and board, computer hardware or software not specifically assigned for such course or courses, late-charges, fines or membership  dues  and  similar expenses.  Such  qualified  expenditures  shall  not be eligible for the credit provided by  this  section  unless  the  employee  for  whom  the expenditures are disbursed is continuously employed by the taxpayer in a full-time,  full-year  position  primarily  located  at a qualified site during the period of such coursework and lasting through  at  least  one hundred  eighty days after the satisfactory completion of the qualifying course-work. Qualified high-technology training expenditures shall  not include  expenses  for in-house or shared training outside of a city higher education institution or the use of consultants outside  of credit  granting  courses,  whether  such consultants function inside of such higher education institution or not.

                     (D) If a taxpayer  relocates  from  an  academic  business  incubator facility   partnered   with   an   accredited  post-secondary  education institution located within city,  which  provides  space  and business  support  services  to  taxpayers,  to another site, the credit provided  in  this  subdivision  shall  be  allowed  for  all   expenditures referenced  in  clause (C) of this subparagraph paid or incurred in the two preceding calendar years that the taxpayer was located in such an incubator facility for employees of the taxpayer who also relocate  from said  incubator  facility  to  such  city site and are employed and primarily located by the taxpayer in city. Such expenditures in  the two  preceding  years shall be added to the amounts otherwise qualifying for the credit provided by this subdivision that were paid  or  incurred in  the  calendar  year that the taxpayer relocates from such a facility.  Such expenditures shall include expenses paid for an  eligible  employee who  is  a  full-time,  full-year  employee  of said taxpayer during the calendar year that the taxpayer  relocated  from  an  incubator  facility notwithstanding (i) that such employee was employed full or part-time as an officer,  staff-person  or  paid  intern  of  the taxpayer when such taxpayer  was  located  at  such  incubator  facility  or (ii) that such employee was not continuously employed when such taxpayer was located at the incubator facility during the one hundred eighty day period referred to in clause (C)  of  this  subparagraph,  provided  such  employee received  wages  or  equivalent  income for at least seven hundred fifty hours during any twenty-four month period when the taxpayer was  located at the incubator facility. Such expenditures shall include payments made to  such  employee  after  the taxpayer has relocated from the incubator facility for  qualified  expenditures  if  such  payments  are  made  to reimburse  an employee for expenditures paid by the employee during such two preceding years. The credit provided under this paragraph shall be allowed  in  any  taxable  year  that  the  taxpayer qualifies as an eligible taxpayer.

(E) For purposes of this subdivision the term  "academic  year"  shall mean  the  annual  period  of  sessions  of  a post-secondary college or university.

(F) For the purposes of this subdivision the term "academic incubator facility" shall mean a  facility  providing  low-cost  space,  technical assistance,  support  services  and educational opportunities, including but not limited to central services  provided  by  the  manager  of  the facility  to  the  tenants  of the facility, to an entity located in city.  Such entity's primary activity must be in biotechnologies, and such entity must be in the formative stage of development. The academic incubator  facility  and  the  entity must  act  in  partnership  with an accredited post-secondary college or university located in city. An academic  incubator  facility's mission  shall  be to promote job creation, entrepreneurship, technology transfer, and provide support services to incubator tenants,  including, but   not   limited   to,   business  planning,  management  assistance, financial-packaging, linkages to financing  services,  and  coordinating with other sources of assistance.

(6)  An eligible taxpayer may claim credits under this subdivision for three consecutive years.  In no case shall the credit allowed by this subdivision to a taxpayer exceed two hundred fifty thousand dollars per calendar year for eligible expenditures made during such calendar year.

(7) The credit allowed under this subdivision  for  any  taxable  year shall  not  reduce  the tax due for such year to less than the amount prescribed in clause (4) of subparagraph (a) of paragraph E of subdivision one of this section.  Provided, however,  if  the  amount  of  credit allowed under this subdivision for any taxable year reduces the tax  to  such  amount,  any amount of credit not deductible in such taxable year shall be treated as an  overpayment of tax to be credited or refunded in accordance with the provisions of section 11-677 of this chapter; provided, however, that notwithstanding the  provisions  of  section 11-679 of this chapter, no interest shall be  paid thereon.

(8) The credit allowed under this subdivision shall only be allowed for taxable years beginning on or after January first, two thousand ten and before January first, two thousand thirteen. 

                     (b)  (1) The percentage of the credit allowed to a taxpayer under this subdivision in any calendar year shall be:

                           (A) If the average number of individuals employed full time by a taxpayer in the city during the calendar year that ends with or within the taxable year for which the credit is claimed is at least one hundred five percent of the taxpayer's base year employment, one hundred percent, except that in no case shall the credit allowed under this clause exceed two hundred fifty thousand dollars per calendar year.  Provided, however, the increase in base year employment shall not apply to a taxpayer allowed a credit under this subdivision that was, (i) located outside of the city, (ii) not doing business, or (iii) did not have any employees, in the year preceding the first year that the credit is claimed.  Any such taxpayer shall be eligible for one hundred percent of the credit for the first calendar year that ends with or within the taxable year for which the credit is claimed, provided that such taxpayer locates in the city, begins doing business in the city or hires employees in the city during such calendar year and is otherwise eligible for the credit pursuant to the provisions of this subdivision. 

                        (B) If the average number of individuals employed full time by a taxpayer in the city during the calendar year that ends with or within the taxable year for which the credit is claimed is less than one hundred five percent of the taxpayer's base year employment, fifty percent, except that in no case shall the credit allowed under this clause exceed one hundred twenty five thousand dollars per calendar year.  In the case of an entity located in city receiving space and business support services  by an  academic incubator facility, if the average number of individuals employed full time by such entity in the city during the calendar year in which the credit allowed under this subdivision is claimed is less than one hundred five percent of the taxpayer's base year employment, the credit shall be zero.  

                     (2) For the purposes of this subdivision, "base year employment" means the average number of individuals employed full-time by the taxpayer in the city in the year preceding the first calendar year that ends with or within the taxable year for which the credit is claimed. 
                     (3) For the purposes of this subdivision, average number of individuals employed full-time shall be computed by adding the number of such individuals employed by the taxpayer at the end of each quarter during each calendar year or other applicable period and dividing the sum so obtained by the number of such quarters occurring within such calendar year or other applicable period.     

(4)  Notwithstanding anything contained in this section to the contrary, the credit provided by this subdivision shall be allowed against the taxes authorized by this chapter for the taxable year after reduction by all other credits permitted by this chapter.

                     §2.  Section 11-503 of the administrative code of the city of New York is amended by adding a new subdivision (o) to read as follows:

  (o)   Biotechnology Credit.  (a) (1) A taxpayer that is a qualified emerging technology company, engages in biotechnologies, and meets  the  eligibility  requirements  of this subdivision, shall be allowed a credit against the tax  imposed by this subchapter.  The amount of credit shall be equal to the sum of the amounts specified in subparagraphs (3), (4), (5) of this paragraph, subject  to  the  limitations  in  subparagraph (7)  of  this paragraph and paragraph  (b) of this subdivision.  For the purposes of this subdivision, “qualified  emerging  technology  company”  shall  mean a company located in city: (A) whose primary products  or  services  are classified as emerging technologies and whose total annual product sales are ten million dollars or less; or (B) a company that has research and development activities in city and whose ratio of research and development  funds  to net sales equals or exceeds the average ratio for all surveyed companies classified as determined by the National  Science Foundation  in  the  most  recent  published  results from its Survey of Industry Research and Development, or any comparable successor survey as determined by the department, and whose total annual product  sales  are ten million dollars or less. For the purposes of this subdivision, the definition of research and development funds shall be the same as that used by the National Science Foundation  in  the  aforementioned survey.   For the purposes of this subdivision, “biotechnologies” shall mean  the technologies  involving the  scientific  manipulation  of  living  organisms,  especially at the molecular and/or the sub-molecular genetic level,  to  produce  products conducive  to  improving  the  lives  and health of plants, animals, and humans;  and  the  associated  scientific   research,   pharmacological, mechanical,  and  computational applications and services connected with these improvements.  Activities  included  with  such  applications  and services  shall  include,  but  not  be  limited  to,  alternative  mRNA splicing,   DNA   sequence   amplification,  antigenetic switching bioaugmentation,   bioenrichment,  bioremediation,  chromosome  walking, cytogenetic engineering, DNA diagnosis, fingerprinting, and  sequencing, electroporation,  gene  translocation,  genetic  mapping,  site-directed mutagenesis,   bio-transduction,   bio-mechanical   and   bio-electrical engineering, and bio-informatics.

                     (2)  An  eligible  taxpayer  shall  (A)  have no more than one hundred full-time employees, of which at least seventy-five percent are employed in the city,  (B) have a ratio of research and  development  funds to  net sales, as referred to in section thirty-one hundred two-e of the public authorities law, which equals or exceeds six percent during  the calendar year ending with or within the taxable year for which the credit is claimed,  and  (C)  have  gross  revenues,  along with the gross revenues of its “affiliates” and “related  members” not  exceeding  twenty million  dollars for the calendar year immediately preceding the calendar year ending with or within the taxable year for which the credit is claimed.  For the purposes of this subdivision, “affiliates” shall mean those corporations that are members of the same affiliated group (as defined in section fifteen hundred four of the internal revenue code) as the taxpayer.  For the purposes of this subdivision, “related  members”  shall mean  a  person, corporation, or other entity, including an entity that is treated  as  a partnership  or  other  pass-through  vehicle  for  purposes  of federal taxation, whether such person, corporation or entity is  a  taxpayer  or not,  where  one  such person, corporation or entity, or set of related persons, corporations  or  entities,  directly  or  indirectly  owns  or controls  a  controlling  interest  in  another  entity.  Such entity or entities  may  include  all  taxpayers  under  chapters six, eleven and seventeen of this title, and subchapters two and three of this chapter.  A controlling interest shall mean, in the case  of  a  corporation,  either  thirty  percent  or more of the total combined voting power of all classes of stock of  such  corporation,  or thirty percent or more of the capital, profits or beneficial interest in such  voting  stock  of  such  corporation; and  in the case of a partnership, association, trust or other entity, thirty percent or  more of  the  capital,  profits  or  beneficial interest in such partnership, association, trust or other entity.

(3)  An  eligible  taxpayer shall be allowed a credit for eighteen per centum of the cost or other basis for federal  income  tax  purposes  of research  and  development  property that is acquired by the  taxpayer by purchase  as  defined in section 179(d) of the internal revenue code and placed in service during the calendar year that ends with or within the taxable year for which the credit is claimed.  Provided,  however,  for  the purposes of this paragraph only, an eligible taxpayer shall be allowed a credit  for  such  percentage of the (A) cost or other basis for federal income tax purposes for property used in the testing  or  inspection  of materials and products, (B)  the  costs  or  expenses  associated with quality control of the research and development, (C)  fees  for  use  of  sophisticated  technology  facilities   and processes, (D)  fees  for  the production or eventual commercial distribution of materials and products resulting from  the  activities  of  an  eligible taxpayer  as long as such activities fall under activities relating to biotechnologies. The costs, expenses and other amounts for which a credit is allowed and claimed under this paragraph shall not be used in the calculation of any other credit allowed under this subchapter.  For the purposes of this subdivision, “research and development property” shall mean property that is used for purposes of research and development in the experimental or laboratory sense. Such purposes shall not be deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies, consumer surveys, advertising, promotions, or research in connection with literary, historical or similar projects.

(4) An eligible taxpayer shall be allowed a credit for nine per centum of qualified research expenses paid or incurred by the taxpayer in the calendar year ending with or within the taxable   year for which the credit is claimed.   For the purposes of this subdivision, “qualified  research  expenses"  shall  mean  expenses associated with in-house research and processes,  and  costs  associated with  the  dissemination  of  the  results of the products that directly result from such research and development activities; provided, however, that such costs shall  not  include  advertising  or  promotion  through media.  In  addition,  costs  associated  with the preparation of patent applications, patent application  filing  fees,  patent  research  fees, patent examinations fees, patent post allowance fees, patent maintenance fees, and grant application expenses and fees shall qualify as qualified research expenses.  In  no case shall the credit allowed under this paragraph apply to  expenses  for  litigation  or  the  challenge  of  another  entity's intellectual property rights, or for contract expenses involving outside paid consultants.

(5)  An  eligible  taxpayer  shall  be  allowed a credit for qualified high-technology training expenditures as  described  in  this  paragraph paid  or incurred by the taxpayer during the calendar year that ends with or within the taxable year for which the credit is claimed.

(A) The amount of credit shall be one hundred percent of the training expenses described in subparagraph (C) of this paragraph, subject to a limitation of no more than four thousand dollars per employee per calendar year for such training expenses.

(B)  Qualified  high-technology  training  shall  include a course or courses taken  and  satisfactorily  completed  by  an  employee  of  the taxpayer  at  an  accredited,  degree granting post-secondary college or university in city that (i) directly relates to biotechnology activities, and (ii)  is  intended  to  upgrade, retrain or improve the productivity or theoretical awareness of  the  employee.  Such  course  or  courses  may include,  but  are  not  limited to, instruction or research relating to techniques, meta, macro, or  micro-theoretical  or  practical  knowledge bases or frontiers, or ethical concerns related to such activities. Such course or  courses  shall  not  include  classes  in the disciplines of management, accounting or the law or any class designed to  fulfill  the

discipline specific  requirements of a degree program at the associate, baccalaureate, graduate or  professional  level  of  these  disciplines.  Satisfactory  completion  of  a course or courses shall mean the earning and granting of credit or equivalent unit,  with  the  attainment  of  a grade of "B" or higher in a graduate level course or courses, a grade of "C"  or higher in an undergraduate level course or courses, or a similar measure of competency for a course that is not measured according  to  a standard grade formula.

(C)  Qualified  high-technology  training expenditures shall include expenses for tuition  and  mandatory  fees,  software  required  by  the institution,  fees  for  textbooks  or  other literature required by the institution  offering  the   course   or   courses,   minus   applicable scholarships  and  tuition or fee waivers not granted by the taxpayer or any affiliates of the taxpayer, that  are  paid  or  reimbursed  by  the taxpayer. Qualified high-technology expenditures do not include room and board, computer hardware or software not specifically assigned for such course or courses, late-charges, fines or membership  dues  and  similar expenses.  Such  qualified  expenditures  shall  not be eligible for the credit provided by  this  section  unless  the  employee  for  whom  the expenditures are disbursed is continuously employed by the taxpayer in a full-time,  full-year  position  primarily  located  at a qualified site during the period of such coursework and lasting through  at  least  one hundred  eighty days after the satisfactory completion of the qualifying course-work. Qualified high-technology training expenditures shall  not include  expenses  for in-house or shared training outside of a city higher education institution or the use of consultants outside  of credit  granting  courses,  whether  such consultants function inside of such higher education institution or not.

(D) If a taxpayer  relocates  from  an  academic  business  incubator facility   partnered   with   an   accredited  post-secondary  education institution located within city,  which  provides  space  and business  support  services  to  taxpayers,  to another site, the credit provided  in  this  subdivision  shall  be  allowed  for  all   expenditures referenced  in  subparagraph (C) of this paragraph paid or incurred in the two preceding calendar years that the taxpayer was located in such an incubator facility for employees of the taxpayer who also relocate  from said  incubator  facility  to  such  city site and are employed and primarily located by the taxpayer in city. Such expenditures in  the two  preceding  years shall be added to the amounts otherwise qualifying for the credit provided by this subdivision that were paid  or  incurred in  the  calendar  year that the taxpayer relocates from such a facility.  Such expenditures shall include expenses paid for an  eligible  employee who  is  a  full-time,  full-year  employee  of said taxpayer during the calendar year that the taxpayer  relocated  from  an  incubator  facility notwithstanding (i) that such employee was employed full or part-time as an officer,  staff-person  or  paid  intern  of  the taxpayer when such taxpayer  was  located  at  such  incubator  facility  or (ii) that such employee was not continuously employed when such taxpayer was located at the incubator facility during the one hundred eighty day period referred to in subparagraph (C)  of  this  paragraph,  provided  such  employee received  wages  or  equivalent  income for at least seven hundred fifty hours during any twenty-four month period when the taxpayer was  located at the incubator facility. Such expenditures shall include payments made to  such  employee  after  the taxpayer has relocated from the incubator facility for  qualified  expenditures  if  such  payments  are  made  to reimburse  an employee for expenditures paid by the employee during such two preceding years. The credit provided under this paragraph shall be allowed  in  any  taxable  year  that  the  taxpayer qualifies as an eligible taxpayer.

(E) For purposes of this subdivision the term  "academic  year"  shall mean  the  annual  period  of  sessions  of  a post-secondary college or university.

(F) For the purposes of this subdivision the term "academic incubator facility" shall mean a  facility  providing  low-cost  space,  technical assistance,  support  services  and educational opportunities, including but not limited to central services  provided  by  the  manager  of  the facility  to  the  tenants  of the facility, to an entity located in city.  Such entity's primary activity must be in biotechnologies, and such entity must be in the formative stage of development. The academic incubator  facility  and  the  entity must  act  in  partnership  with an accredited post-secondary college or university located in city. An academic  incubator  facility's mission  shall  be to promote job creation, entrepreneurship, technology transfer, and provide support services to incubator tenants,  including, but   not   limited   to,   business  planning,  management  assistance, financial-packaging, linkages to financing  services,  and  coordinating with other sources of assistance.

(6)  An eligible taxpayer may claim credits under this subdivision for three consecutive years.  In no case shall the credit allowed by this subdivision to a taxpayer exceed two hundred fifty thousand dollars per calendar year for eligible expenditures made during such calendar year.

 (7) The credit allowed under this subdivision  for  any  taxable  year shall  not  reduce  the tax due for such year to less than the amount computed in subdivision (a) of this section.  Provided, however,  if  the  amount  of  credit allowed under this subdivision for any taxable year reduces the tax  to  such  amount,  any amount of credit not deductible in such taxable year shall be treated as an  overpayment of tax to be credited or refunded in accordance with the provisions of section 11-526 of this chapter; provided, however,  that notwithstanding the  provisions  of  section 11-528 of this chapter, no interest shall be  paid thereon.

                     (8) The credit allowed under this subdivision shall only be allowed for taxable years beginning on or after January first, two thousand ten and before January first, two thousand thirteen.

                     (b)(1) The percentage of the credit allowed to a taxpayer under this subdivision in any calendar year shall be:

                           (A) If the average number of individuals employed full time by a taxpayer in the city during the calendar year that ends with or within the taxable year which the credit is claimed is at least one hundred five percent of the taxpayer's base year employment, one hundred percent, except that in no case shall the credit allowed under this clause exceed two hundred fifty thousand dollars per calendar year.  Provided, however, the increase in base year employment shall not apply to a taxpayer allowed a credit under this subdivision that was (I) located outside of the city, (II) not doing business, or (III) did not have any employees, in the year preceding the first year that the credit is claimed.  Any such taxpayer shall be eligible for one hundred percent of the credit for the first calendar year that ends with or within the taxable year for which the credit is claimed, provided that such taxpayer locates in the city, begins doing business in the city or hires employees in the city during such calendar year and is otherwise eligible for the credit pursuant to the provisions of this subdivision. 

                        (B) If the average number of individuals employed full time by a taxpayer in the city during the calendar year that ends with or within the taxable year for which the credit is claimed is less than one hundred five percent of the taxpayer's base year employment, fifty percent, except that in no case shall the credit allowed under this clause exceed one hundred twenty five thousand dollars per calendar year.  In the case of an entity located in city receiving space and business support services  by an  academic incubator facility, if the average number of individuals employed full time by such entity in the city during the calendar year in which the credit allowed under this subdivision is claimed is less than one hundred five percent of the taxpayer's base year employment, the credit shall be zero.  

                     (2) For the purposes of this subdivision, "base year employment" means the average number of individuals employed full-time by the taxpayer in the city in the year preceding the first calendar year that ends with or within the taxable year for which the

credit is claimed. 
                     

                     (3) For the purposes of this subdivision, average number of individuals employed full-time shall be computed by adding the number of such individuals employed by the taxpayer at the end of each quarter during each calendar year or other applicable period and dividing the sum so obtained by the number of such quarters occurring within such calendar year or other applicable period.

                     (4)  Notwithstanding anything contained in this section to the contrary, the credit provided by this subdivision shall be allowed against the taxes authorized by this chapter for the taxable year after reduction by all other credits permitted by this chapter.

                     § 3. The aggregate amount of tax credits allowed under this local law in any calendar year shall be 3 million dollars.  Such aggregate amount of credits shall be allocated by the department of finance of the city of New York among eligible taxpayers on a pro rata basis.  Taxpayers eligible for such pro rata allocation shall be determined by the department of finance of the city of New York no later than February twenty-eighth of the succeeding calendar year in which the credit provided in this local law is applied.

                     § 4. The department of finance of the city of New York shall establish by rule by October 31, 2009 procedures for the allocation of tax credits as required by section 3 of this local law.  Such rules shall include provisions describing the application process, the due dates for such applications, the standards that shall be used to evaluate the applications, the documentation that will be provided to taxpayers to substantiate the amount of tax credits allocated to such taxpayers, and such other provisions as deemed necessary and appropriate. 

                     § 5. This local law shall take effect immediately; provided, however, that this local law shall apply to taxable years beginning on or after January 1, 2010 and before January 1, 2013.