CLAIM FOR CREDIT APPLIED TO BUSINESS 2022 -9.6 AND GENERAL CORPORATION TAXES ATTACH TO FORM NYC-2, NYC-2A, NYC-3L OR NYC-3A Use this form to claim: A. the Real Estate Tax Escalation Credit B. the Employment Opportunity Relocation costs Credit C. the Industrial Business Zone Credit. USE FORM NYC-9.5 IF YOU ARE FILING A CLAIM FOR A RELOCATION AND EMPLOYMENT ASSISTANCE PROGRAM (REAP) CREDIT For CALENDAR YEAR 2022 or FISCAL YEAR beginning ____________________ 2022 and ending __________________________ Print or Type t Name as shown on Form NYC-2, NYC-2A, NYC-3L or NYC-3A: EMPLOYER IDENTIFICATION NUMBER Date moved into Inception date New York City: -- of lease: -- FEDERAL BUSINESS CODE Former address: BUSINESS CORPORATION TAX OR GENERAL CORPORATION TAX YEAR FOR WHICH CLAIM IS MADE . YEAR ENDED : ___________________________ TYPE OF BUSINESS :(4 ) n COMMERCIAL n INDUSTRIAL n RETAIL PART I Computation of credit 1. Real estate tax escalation credit (Sections 11-604.13 and 11-654(13)) (from page 2, Schedule A, line 7) . 1. 2. Employment opportunity relocation costs credit or IBZ credit (from page 3, Schedule B, line 6 or page 4, Schedule C, line 10) ...................................................... 2. 3. TOTAL CREDITS CLAIMED (add lines 1 and 2) (include on Form NYC-2, Sch. A, line 8 or Form NYC-2A, Sch. A, line 10; Form NYC-3L, Sch. A, line 10a or Form NYC-3A, Sch. A, line 12a) ........................................................................................................................................................................ 3. The adjustments in PART II below must be included in the New York City Business Corporation Tax or General Corporation Tax Return for the tax year covered by this claim for credit. If the Business Corporation Tax or General Corporation Tax Return has been filed without these adjustments, an amended return must be submitted with this claim form. PART II Adjustments increasing federal taxable income 4. Real estate tax escalation excluded or deducted (line 1 above) (enter on Form NYC-2 or NYC-2A, Sch. B line 10; NYC-3L or NYC-3A, Sch. B, line 6b (see instr.)) ...4. 5. Employment opportunity relocation costs and IBZ relocation costs excluded or deducted (line 2 above) (enter on Form NYC-2 or NYC-2A, Schedule B, line 9; Form NYC-3L or NYC-3A, Schedule B line 6a (see instructions)) .........................................................................................................5. INSTRUCTIONS FOR PARTS I AND II Form NYC-9.6 must be attached to and submitted with the Business Cor- puting entire net income. The amounts of the various credit items claimed poration Tax Return (NYC-2), Combined Business Corporation Tax Re- must be added to the entire net income if an exclusion or deduction for turn (NYC-2A); General Corporation Tax Return (Form NYC-3L) or the credit item was taken in computing federal taxable income (See Ad- Combined General Corporation Tax Return (Form NYC-3A) in order to ministrative Code Sections 11-602.8b and 11-652.8b, subparagraphs (4- claim the credits described in Schedules A and B. b) and (4-c).) PART I Enter the required adjustments at lines 4 and 5 of part II, and on Form Enter the amounts of the credits claimed in Schedules A and B on the ap- NYC-2 or NYC-2A, Schedule B, lines 10 and 9; Form NYC-3L, lines 6b propriate lines (lines 1 and 2) of part I. The total credit amount claimed and 6a, or NYC-3A, Schedule B, column A, lines 6b and 6a if the adjust- (line 3) is to be included on Form NYC-2, Schedule A, line 8 or NYC-2A, ments relate to the reporting corporation. For the other members of the Schedule A, line 10; Form NYC-3L, Schedule A, line 10a or Form NYC- combined group, enter the amounts on NYC-3A/B or NYC-2A/BC. For 3A, Schedule A, line 12a. S-Corps, if there is only one other member of the combined group, enter PART II the amounts for that corporation on Form NYC-3A, column B. Taxpayers claiming these credits must make certain adjustments in com- NYC- 9.6 - 2022 |
Form NYC-9.6 - 2022 Page 2 SCHEDULE A Real estate tax escalation credit (Administrative Code Sections 11-604.13 and 11-654(13)) The real estate tax escalation credit may be claimed only if the taxpayer's eligibility to receive the credit has been approved and certified by the Industrial and Commercial Incentive Board. No credit will be allowed unless a copy of the Certificate of Eligibility issued by the Industrial and Commercial Incentive Board is attached to Schedule A. A. General information 1. Number of industrial employment opportunities relocated to New York City .............................................................. 1. 2. Number of commercial employment opportunities relocated to New York City ........................................................ 2. 3. TOTAL ............................................................................................................................................................................................................................... 3. B. Computation of real estate tax escalation credit (see instructions) 1. Current rent information - for the period covered by this report, COLUMN A enter the following amounts if payment is required under lease: COLUMN B COLUMN C a. Basic rent paid or required to be paid to landlord for premises ....................................................1a. b. Real estate tax payments attributable to premises........................................................................1b. c. Fuel adjustment expense paid to landlord (enter in columns A and B) ...........................................................................................1c. d. Maintenance expense paid to landlord (enter in columns A and B).............................................................................1d. e. Other amounts paid to landlord (enter in columns A and B) .......1e. 2. Initial rent information - Compute amounts as if the specified rent items below were paid for same number of months as cov- COLUMN A COLUMN B COLUMN C ered by this report (see instructions) a. Original basic rent (see instructions)................................................ 2a. b. Original payments required for real estate taxes attributable to premises (see instructions) ................................... 2b. 3. Increase in basic rent (line 1a less line 2a) ........................................ 3. 4. TOTAL column B. Add lines 1a through 1e. (enter total in columns B and C)........................ 4. 5. TOTAL column A. Add lines 1c through 3. (enter total in columns A and C) ................................................................... 5. 6. Line 4 less line 5 ...................................................................................................................................................................................................................... 6. 7. Enter amount claimed as real estate tax escalation credit (payment actually made during period covered by this report attributable to an increase or addition to the real estate taxes imposed on leased premises). This should be the same as amount entered on line 6 (if not, explain on rider) (enter on pg. 1, parts I and II, lines 1 and 4).. 7. INSTRUCTIONS FOR SCHEDULE A A corporation subject to the Business Corporation Tax or General Corporation Tax ments. If more than one premises is included in the computation of the credit, at- that has relocated to leased premises in New York City from a location outside New tach a separate rider in the form of Schedule A for each such premises, and enter York State and has created at least 100 industrial or commercial employment op- the sum of the amounts shown on such separate riders on Schedule A. portunities in the City is allowed a credit against the Business Corporation Tax or General Corporation Tax for the amount of any additional lease payments actually PART B, LINE 2a made to the taxpayer's landlord that are based solely and directly upon increased real Since the real estate tax escalation credit is the amount of the increased payments estate taxes imposed upon the relocation premises. To the extent this credit exceeds actually made that are solely and directly attributable to an increase or addition to the taxpayer’s tax liability calculated without this credit, it shall be refunded with- the real estate taxes imposed upon the leased premises, the basic rent originally to out interest. Before a taxpayer can claim the credit, the taxpayer's eligibility must be be paid under the lease for the premises must be determined. It should be com- approved and certified by the Industrial and Commercial Incentive Board. The credit puted as an amount due for one month, notwithstanding the manner in which it is can be claimed annually for the length of the lease term, or for a period not to exceed expressed in the lease for the premises. The basic monthly rent as thus determined ten years from the date of relocation, whichever period is shorter. must then be multiplied by the number of months in the taxable period covered by this report so that the period covered by this report may be compared to a compa- "Employment opportunity" means the creation of a full-time position (not less rable period based upon the basic rent originally required to be paid. than 30 hours per week of gainful employment) for an industrial employee (one en- gaged in the manufacturing or assembling of tangible goods or the processing of raw PART B, LINE 2b materials) or commercial employee (one engaged in the buying, selling or otherwise If, beginning with the inception of the term, the lease for the premises requires that providing of goods or services other than on a retail basis directly to the ultimate an amount separate from the basic rent must be paid for real estate taxes attributa- user or consumer) and the actual hiring of such employee for that position. ble to the premises, you must enter on line 2b an amount to be determined by com- "Basic rent" means the rent provided for under a written lease for the use or oc- puting the amount that would be due per month, if such required payment were cupancy of premises, excluding separately stated amounts required to be paid under figured on a monthly basis, and multiplying such amount by the number of months the lease for such items as real estate taxes, maintenance expenses or fuel adjust- in the period covered by this report. |
Form NYC-9.6 - 2022 Page 3 SCHEDULE B Employment opportunity relocation costs credit (Administrative Code Sections 11-604.14 and 11-654(14)) If the taxpayer did not both relocate from outside New York State and create a minimum of ten (10) industrial or commercial employment opportunities in New York City, do not complete Schedule B and make no entry on page 1, parts I and II, lines 2 and 5, respectively. 1. Number of industrial employment opportunities ___________________ x $500.00 relocated to New York City..........................................................................................................................................................................Number 1. 2. Number of commercial employment opportunities ___________________ x $300.00 relocated to New York City..........................................................................................................................................................................Number 2. 3. TOTAL ....................................................................................................................................................................................3. 4. Employment opportunity relocation costs incurred by the taxpayer in the relocation of the taxpayer from outside the State of New York into the City of New York (Sections 11-604.14(a) (2) and 11-654(14)(a)(2)) t a. Cost of moving furniture, files, papers and office equipment .................................................................................. 4a. b. Cost of moving and installing machinery and equipment .......................................................................................... 4b. c. Cost of installing telephones and other communication equipment required as a result of relocation ....................................................................................................................................................................... 4c. d. Cost incurred in purchasing office furniture and fixtures required as a result of relocation ................................................................................................................................................................................................. 4d. e. Cost of renovating the premises to be occupied as a result of the relocation, allowable only to the extent that it does not exceed seventy-five cents (75¢) per square foot ............................. 4e. 5. TOTAL (lines 4a through 4e) ................................................................................................................................................................... 5. 6. Enter line 3 or line 5, whichever is less. Enter on page 1, parts I and II, lines 2 and 5 ............................... 6. INSTRUCTIONS FOR SCHEDULE B Effective August 30, 2005, taxpayers relocating to premises within an Industrial b) the costs incurred by the taxpayer in moving and installing machinery Business Zone established pursuant to section 22-626 of the Administrative and equipment into the City from a location outside the State; Code for which a binding contract to purchase or lease was entered into by the taxpayer after June 30, 2005 MAY NOT take the relocation credit provided on c) the costs of installing telephones and other communication equipment this schedule for industrial employment opportunities but are entitled to a new required as a result of the relocation to the City from a location outside one time credit for tax years beginning after December 30, 2005. See Admin- the State; istrative Code §§11-604.14 and 11-604.17-b as added by Chapter 635 of the Laws of 2005 and Schedule C below. See also Administrative Code §§11-654.14 d) the cost incurred in the purchase of office furniture and fixtures re- and 11-654(17-b). quired as a result of the relocation to the City from a location outside the State; and Corporations subject to the Business Corporation Tax or General Corporation Tax are allowed a credit against the tax for certain costs incurred in relocating commer- e) the cost of renovation of the premises to be occupied as a result of the re- cial or industrial employment opportunities to New York City from an area outside location, provided, however, that such renovation costs shall be allowable the State of New York. To the extent this credit exceeds the taxpayer’s tax liability only to the extent that they do not exceed seventy-five cents per square calculated without this credit, it shall be refunded without interest. In order to be foot of the total area utilized by the taxpayer in the occupied premises. eligible for this credit, a taxpayer must relocate to the City a minimum of ten such employment opportunities. The relocation costs for which the credit may be claimed OTHER DEFINITIONS: are those incurred during the tax year in connection with employment opportunities relocated to the City during the tax year. a) "Employment opportunity" means the creation of a full-time position of gainful employment for an industrial or commercial employee and The allowable credit is based upon "employment opportunity relocation costs" the actual hiring of such employee for the position. incurred by the taxpayer during its taxable year, but may not exceed a maximum of: b) "Industrial employee" means one engaged in the manufacturing or as- (a) $300 for each commercial employment opportunity; and sembling of tangible goods or the processing of raw materials. (b) $500 for each industrial employment opportunity, relocated to the City c) "Commercial employee" means one engaged in the buying, selling or from an area outside the State. otherwise providing of goods or services other than on a retail basis. The relocation costs credit may be taken by the taxpayer in whole or in part in the d) "Retail" means the selling or otherwise disposing of tangible goods di- year in which the employment opportunities are relocated by such taxpayer or in ei- rectly to the ultimate user or consumer. ther of the two years succeeding such event. e) "Full-time position" means a position of gainful employment where For purposes of the credit, "employment opportunity relocation costs" means: the number of hours worked by the employee is not less than 30 hours during any given work week. a) the costs incurred by the taxpayer in moving furniture, files, papers and office equipment into the City from a location outside the State; |
Form NYC-9.6 - 2022 Page 4 SCHEDULE C Industrial Business Zone Credit (Administrative Code Sections 11-604.17-b and 11-654(17-b)) 1. Location(s) of business operations continuously during the 24 months immediately preceding relocation PROPERTY LOCATION Street Address City & State Zip Code 2. Date(s) of relocation __________________________ 3. Address of business operations in the Industrial Business Zone PROPERTY LOCATION Street Address City & State Zip Code 4. Description of Business: ___________________________________________________________________________ 5. Number of employees working at least 35 hours per week________________ X $1,000 =...............................................5. _____________________ 6. Number of employees working at least 15 hours but less than 35 _________ hours per weekX1/2 =________ $1,000X (see instr.)......6. _____________________ 7. Total of lines 5 and 6 ........................................................................................................................................................7. _____________________ 8. Relocation costs incurred by the taxpayer (see instructions): a. cost of moving furniture, files, papers and office equipment.........................................................................................8a. ____________________ b. cost of moving and installing machinery and equipment ..............................................................................................8b. _____________________ c. cost of installing telephones and other communication equipment required as a result of relocation ..........................8c. _____________________ d. Cost of floor preparation ...............................................................................................................................................8d. _____________________ e. Other (description and cost --attach rider if needed): ___________________________________________________________________________________________ 8e. _____________________ ___________________________________________________________________________________________ 8e. _____________________ 9. Total (lines 8a-8e) ...............................................................................................................................................................9. _____________________ 10. Lesser of line 7 and 9 or $100,000. Enter on page 1, parts I and II lines 2 and 5. .........................................................10. _____________________ INSTRUCTIONS FOR SCHEDULE C For taxable years beginning on or after January 1, 2006, an eligible business that first en- chinery and supplies directly to an eligible premises, from one or more locations of an el- ters into a binding contract on or after July 1, 2005 to purchase or lease eligible premises igible business, including at least one location at which such business conducts substan- to which it relocates is allowed the industrial business zone tax (“IBZ”) credit, a one-time tial business operations and engages primarily in industrial and manufacturing activities. credit to be credited against its Business Corporation Tax or General Corporation Tax lia- For purposes of determining the “date of relocation”, enter the earlier of (1) the date of bility or refunded without interest to the extent it exceeds the taxpayer’s Business Corpo- the completion of the relocation to the eligible premises, or (2) ninety days from the com- ration Tax or General Corporation Tax liability calculated without that credit. The amount mencement of the relocation to the eligible premises. of the credit is $1,000 per full-time employee, provided that the amount of the credit may Lines 5 and 6: not exceed the lesser of the actual relocation costs or $100,000. See Ad. Code §§ 11-604.17- The amount of the credit is calculated based on the number of “full-time employees.” b, as added by Chapter 635 of the Laws of 2005 and Ad. Code §11-654(17-b). “Full-time employee” means (1) one person gainfully employed in an eligible premises For purposes of this credit, the following definitions apply: by an eligible business where the number of hours required to be worked by such person 1. “eligible business” means any business subject to Business Corporation Tax or Gen- is not less than 35 hours per week; or (2) two persons gainfully employed in an eligible eral Corporation Tax that (1) has been conducting substantial business operations and premises by an eligible business where the number of hours required to be worked by engaging primarily in industrial and manufacturing activities at one or more locations each such person is more than fifteen hours per week but less than 35 hours per week. The within the City or outside New York State continuously during the 24 consecutive full number of full-time employees for purpose of completing lines 5 and 6 is the average months immediately preceding relocation, (2) has leased the premises from which it re- number of full-time employees, calculated on a weekly basis, employed in the eligible locates continuously during the 24 consecutive full months immediately preceding re- premises by the eligible business in the fifty-two week period immediately following the location, (3) first enters into a binding contract on or after July 1, 2005 to purchase or earlier of (1) the date of the completion of the relocation to eligible premises or (2) ninety lease eligible premises to which the business will relocate, (4) will be engaged prima- days from the commencement of the relocation to the eligible premises. This credit must rily in industrial and manufacturing activities at the eligible premises, and (5) does not be taken in the taxable year in which such fifty-two week period ends. receive benefits under the REAP or Lower Manhattan REAP Program or through a Line 5: grant program administered by the Business Relocation Assistance Corporation or Enter the average number of employees working not less than 35 hours per week. through the New York City Printers Relocation Fund grant. Line 6: 2. “eligible premises” means premises located entirely within an industrial business Enter the average number of employees working more than 15 hours but less than 35 zone. For any eligible business, an industrial business zone credit will not be granted hours per week. If after multiplying by 1/2, the number is not a whole number, round with respect to more than one eligible premises. down to the whole number. 3. “industrial business zone” means an area within New York City established pur- Line 8: suant to section 22-626 of the Administrative Code. “Relocation costs” means costs incurred in the relocation of the furniture, fixtures, equip- 4. “industrial and manufacturing activities” means activities involving the assembly of ment, machinery and supplies, including, but not limited to, the cost of dismantling and goods to create a different article, or the processing, fabrication , or packaging of goods. In- reassembling equipment and the cost of floor preparation necessary for the reassembly dustrial and manufacturing activities shall not include waste management or utility services. of the equipment. Relocation costs include only such costs that are incurred during the ninety-day period immediately following the commencement of the relocation to an eli- gible premises. Relocation costs do not include costs for structural or capital improve- SPECIFIC LINE INSTRUCTIONS ments or items purchased in connection with the relocation. Line 2: “relocation” means the physical relocation of furniture, fixtures, equipment, ma- |