NEW YORK CITY DEPARTMENT OF FINANCE ® RELOCATION AND EMPLOYMENT ASSISTANCE PROGRAM (REAP) APPLICATION FOR CERTIFICATE OF ELIGIBILITY FOR REAP BENEFITS APPLIED TO UNINCORPORATED BUSINESS TAX, GENERAL CORPORATION TAX, BUSINESS CORPORATION TAX, BANKING CORPORATION TAX, OR UTILITY TAX PART I: APPLICANT AND SITE INFORMATION SECTION A: APPLICANT INFORMATION APPLICANT’S COMPANY NAME: CONTACT PERSON: DATE STAMP ADDRESS: CITY/STATE: ZIP CODE: SOCIAL SECURITY NUMBER: MAIN BUSINESS ACTIVITY: OR EMPLOYER IDENTIFICATION NUMBER: TELEPHONE NUMBER: SECTION B: ORIGINAL SITE INFORMATION Have you conducted substantial business operations at one or more business locations outside of New York City or in the borough of Manhattan, south of the center line of 96th Street, for at least 24 consecutive months immediately preceding the taxable year of the relocation with respect to which this application is made? .............................................................................................. q YES q NO If “YES,” complete the following schedule for the locations, and attach copies of your federal tax returns for the two years immediately preceding the taxable year of the relocation. STREET CITY AND NATURE OF NUMBER OF DATES AT ADDRESS STATE ACTIVITIES EMPLOYEES LOCATION REAP Rev. 02/08/2021 Visit Finance at nyc.gov/finance |
Application for Certificate of Eligibility for REAP Benefits Page 2 SECTION C: RELOCATION SITE INFORMATION You may complete and submit a REAP application for an anticipated relocation, even if all the requested informa- tion is not yet available. 1. On or after May 27, 1987, did you relocate to premises within New York City that are not located south of the center line of 96th Street in the borough of Manhattan? ............................... q YES q NO If “YES,” provide (a) the borough, block and lot number, the address of the premises you relocated to, and submit one of the following: a copy of the lease for the premises, a copy of the contract to purchase the premises, or a copy of the deed if you own the premises; AND (b) a brief description of the relocated business operations. a. BOROUGH: BLOCK: LOT: ADDRESS: b. DESCRIPTION OF RELOCATED BUSINESS OPERATIONS : 2. Do your activities, at the relocation premises, consist predominantly of any of the following: a. The retail sale (other than through the mail, by phone, or by means of the Internet) of tangible personal property to any person, for any purpose unrelated to the trade or business of such person? ................................................................................................... q YES q NO b. The sale of services to individuals that generally involve the physical, mental, and/or spiritual care of such individuals or the physical care of the personal property of any person unrelated to the trade or business of such person? ............................................ q YES q NO c. The provision of retail banking services?................................................................................. q YES q NO d. The lodging of guests at a building or portion thereof that is regularly used and kept open for such services, including an apartment hotel, a motel, or boarding house or club? .. q YES q NO IF YOU CHECKED “YES” TO ANY ITEM IN QUESTION 2, YOU DO NOT MEET THE REAP ELIGIBILITY CRITERIA. 3. a. Did you relocate on or after July 1, 2003?............................................................................... q YES q NO b. Do you own the premises to which you relocated, or if you lease the premises, does the term of the lease extend to a date at least three years after the relocation date and the lease commencement date? .............................................................................................. q YES q NO c. On or after July 1, 2003, were expenditures in excess of $25 per square foot made for improvements to the premises?.......................................................................................... q YES q NO IF YOU ANSWERED “YES” TO 3a, 3b, AND 3c. DO NOT COMPLETE QUESTION 4. IF YOU ANSWERED “NO” TO ANY PART OF QUESTION 3, YOU MUST COMPLETE QUESTION 4. 4. a. Do the premises to which you have relocated fit any of the following five categories? (1) Premises are wholly contained in real property that is eligible to receive benefits under the City’s Industrial and Commercial Abatement Program (ICAP)?.......... q YES q NO If YES, submit a copy of the lease and the ICAP Preliminary Certificate of Eligibility. |
Application for Certificate of Eligibility for REAP Benefits Page 3 SECTION C - RELOCATION SITE INFORMATION - Continued (2) Premises are wholly contained or situated on real property that has been leased from the New York City Industrial Development Agency? ..................................... q YES q NO If YES, submit a copy of the lease. (3) Premises are wholly contained in or situated on real property that is owned by the City of New York? ................................................................................................... q YES q NO If YES, submit a copy of the lease. (4) Premises are wholly contained or situated on real property that is owned by the Port Authority or the New York State Urban Development Corporation or a subsidiary thereof? ..................................................................................................... q YES q NO If YES, submit a copy of the lease. (5) Premises are wholly contained in or situated on real property that would be eligible to receive benefits pursuant to the City’s ICAP Program, except that such property is exempt from real property taxation?................................................................ q YES q NO If YES, submit a copy of the lease and the ICAP Preliminary Certificate of Eligibility. 4. b. (1) Were the premises to which you relocated improved by construction or renovation? ..... q YES q NO (2) Answer this question only if you checked Question 4a (2): Was such construction or renovation made with the approval of the NYC Industrial Development Agency? ........................................................................ q YES q NO (3) Answer this question only if you checked Question 4a (3): Was such construction or renovation made with the approval of your lease in accordance with the NYC Charter? ................................................................................... q YES q NO (4) Have there been expenditures in excess of 50% of the property’s assessed value (or, in the case of industrial property, in excess of 25%) for improvements to the real property in which your premises are located? (The cost of the improvements must be calculated as a proportion of assessed value for the tax year in which the improvements began.)........................................................................... q YES q NO (5) Were such expenditures made within 36 months, or, if the expenditures were in excess of $50 million, were they made within 72 months from the beginning of the renovations or construction?........................................................................................ q YES q NO IF YOU ANSWER YES TO ANY QUESTION IN 4b, YOU MUST SUBMIT COPIES OF INVOICES AND CANCELED CHECKS TO DOCUMENT EXPENDITURES. ATTACH A RIDER. |
Application for Certificate of Eligibility for REAP Benefits Page 4 PART II: CALCULATION AND CERTIFICATION SECTION A: CALCULATION OF BASE YEAR NUMBERS Before completing Part II, read the Definition of Terms included with this application. If this is not your first relo- cation, use the number certified for your first relocation for #1 and #3 below. #1 BASE AGGREGATE EMPLOYMENT SHARES FOR THE AREA (BAESA) (Attach schedule showing calculation) This number is the sum of the aggregate employment shares maintained by the eligible business inside the eligible area in the taxable year NUMBER OF SHARES immediately preceding the taxable year of relocation. #2 BASE AGGREGATE EMPLOYMENT SHARES FOR THE PREMISES (BAESP) (Attach schedule showing calculation) This number is the sum of the aggregate employment shares maintained by the eligible business in a particular premises in the taxable year immediately preceding NUMBER OF SHARES the taxable year of relocation to such particular premises. #3 BASE AGGREGATE EMPLOYMENT SHARES OUTSIDE THE AREA (BAESO) (Attach schedule showing calculation) This number is the sum of the aggregate employment shares maintained by the eligible business outside the eligible area in the taxable year immediately preceding NUMBER OF SHARES the taxable year of the relocation by such eligible business. #4: BASE AGGREGATE EMPLOYMENT SHARES IN ELIGIBLE LOWER MANHATTAN AREA (BAESELM) (Attach schedule showing calculation) This number is the sum of the aggregate employment shares maintained by NUMBER OF SHARES the eligible business in the eligible Lower Manhattan area in the taxable year immediately preceding the taxable year of the relocation by such eligible business. SECTION B: REAP CERTIFICATION I hereby certify that the information furnished with or in this application is, to the best of my knowledge and belief, true, correct and complete. __________________________________________________________________________________________________________________________ Print Name and Title of Applicant, Partner or Corporate Officer ________________________________________________________________________ ________________________________________ Signature Date MAIL TO: NYC DEPARTMENT OF FINANCE BUSINESS AND EXCISE TAX REFUND UNIT - REAP GROUP 59 MAIDEN LANE, 20TH FLOOR, NEW YORK, NY 10038 Upon receipt and review of a complete application, including all required schedules and documents, Finance will issue a Certificate of Eligibility to the applicant. In order to claim REAP benefits, you must submit an annual computation of aggregate employment shares maintained by the eligible business, every year. Finance will issue an annual certification, which must be attached to your applicable business tax return. |
Application for Certificate of Eligibility for REAP Benefits Page 5 DEFINITION OF TERMS 1. Employment Shares: The term "employment area if at least 15 but fewer than 35 hours of labor share" means, with respect to each employee, for compensation are either performed in the eligi- partner or sole proprietor of an eligible business, ble area or are attributable to particular premises in the sum of: the eligible area. a) the number of full-time work weeks worked by Hours in excess of 35 worked by an eligible work- such employee, partner or sole proprietor dur- er during a work week cannot be carried over and ing the eligible business' taxable year divided by counted during any other work week. All hours the number of weeks in the taxable year, and which are not attributable to the eligible area are attributable outside the eligible area. b) the number of part-time work weeks worked by such employee, partner or sole proprietor dur- In the case of a worker who works part of the ing the eligible business' taxable year divided by week within and part of the week without a par- an amount equal to twice the number of weeks ticular premises, hours are attributable to such in the taxable year. particular premises as follows: 2. Employee: The term "employee" includes any a) If the worker spends substantially all of his or individual where the existing relationship between her time at a particular premises, all hours are that individual and the eligible business is that of attributed to such premises. employer and employee. Generally, an employer- employee relationship exists when the eligible b) If the worker does not spend substantially all of business has the right to control and direct the indi- his or her time at a particular premises, all hours vidual not only as to the result to be accomplished are nonetheless attributable to such premises if but also as to the means by which such result is to the worker is present at such premises at the be accomplished. If the relationship of employer- beginning or end of each work day and all of the employee exists, the designation or description of worker’s time spent outside of such premises the relationship is immaterial. Directors of a cor- relates primarily to business operations carried poration in their capacity as directors are not on at such premises, provided that hours employees of an eligible business. Directors of a worked at particular premises cannot be attrib- corporation may be considered employees if, in uted, by reason of this subparagraph, to anoth- addition to serving in the capacity of directors, they er particular premises maintained by the same serve in the capacity of employees. eligible business. If an eligible business has both eligible and non-eligible premises in the Hereafter, the term “eligible worker”, shall be used to same building, hours worked at the non-eligible refer to an employee, partner or sole proprietor of the premises cannot be attributed, by reason of this eligible business. subparagraph, to the eligible premises. 3. Work Week: The term "work week" means a peri- c) If neither (a) nor (b) applies, only hours worked od of seven or fewer successive days, beginning at a particular premises are attributable to such with a specified day, which the eligible business premises. Time not actually worked by a worker has adopted and regularly utilizes as its work due to vacation, sick leave or other leave may week. nevertheless be counted as time worked by that worker, provided: A full-time work week is a work week during which an eligible worker has performed at least 35 hours i) such vacation, sick leave or other leave time of labor for compensation. A full-time work week is is granted pursuant to an established policy attributable to the eligible area if at least 35 hours of the eligible business which is applied uni- of labor for compensation are either performed in formly to all workers of the business or to all the eligible area or are attributable to particular workers within a specific class, and premises in the eligible area. ii) the worker continues to receive his or her A part-time work week is a work week during which regular rate of pay during such vacation, an eligible worker has performed at least 15 but sick leave or other leave. fewer than 35 hours of labor for compensation. A part-time work week is attributable to the eligible |
Application for Certificate of Eligibility for REAP Benefits Page 6 DEFINITION OF TERMS - Continued Such time shall be attributed to the eligible area and 4. Aggregate Employment Shares: The term the eligible premises in the same proportion as the "aggregate employment shares" means the sum of number of work weeks actually worked by a worker all employment shares maintained by an eligible attributable to the eligible area and eligible premises business in a taxable year. bears to the total number of work weeks actually worked by the worker in the taxable year in question. 5. Eligible Area: The term "eligible area" means that Terminal leave preceding the termination of an work- the area of the City excluding that area in the bor- er’s employment may not be counted as time worked ough of Manhattan lying south of the center line of by the worker. A work week which begins in one tax- 96th Street. able year and ends in the following taxable year shall be treated as a work week in the taxable year in which 6. Particular Premises: The term "particular premis- it ends. es" means all premises occupied by an eligible business within a single building, except that if NOTE: It shall be within the discretion of the there are eligible and non-eligible premises in the Commissioner to determine whether hours worked by same building, such eligible and non-eligible prem- a worker outside of eligible premises maintained by ises constitute separate particular premises. the eligible business have been fairly apportioned within and without the eligible area, and within and 7. Taxable Year: The term "taxable year" refers to the without the eligible premises. taxpayer's taxable year for the General Corporation Tax, the Unincorporated Business Tax or the In the case of an eligible worker with work weeks Banking Corporation Tax (whichever is applicable) both within and without the eligible area in a given provided, however in the case of a taxpayer subject taxable year, the employment shares maintained by to the Utility Tax, “taxable year” refers to the calen- the eligible business within the eligible area with dar year. respect to the worker shall be the sum of: 8. Eligible Lower Manhattan Area: The term refers a) the number of full-time work weeks worked by such to the area in Manhattan lying south of a line that worker during the eligible business' taxable year runs from the intersection of the Hudson River and attributable to the eligible area divided by the num- the Holland Tunnel, running north along West ber of weeks in the taxable year, and Avenue to the intersection of Clarkson Street, then running east along the center line of Clarkson b) the number of part-time work weeks worked by Street to the intersection of Washington Street, and such worker during the eligible business' taxable south along the center line of Washington Street, to year attributable to the eligible area divided by an the intersection of West Houston Street, and east amount equal to twice the number of weeks in the along the center line of West Houston Street, then, taxable year. at the intersection of the Avenue of the Americas, continuing east along the center line of East In the case of an eligible worker with work weeks Houston Street to the easterly bank of the East both within and without the eligible premises in a River. given taxable year, the employment shares main- tained by the eligible business within the eligible prem- ises with respect to the worker shall be the sum of: a) the number of full-time work weeks worked by such worker during the eligible business' taxable year attributable to the eligible premises divided by the number of weeks in the taxable year, and b) the number of part-time work weeks worked by such worker during the eligible business' taxable year attributable to the eligible premises divided by an amount equal to twice the number of weeks in the taxable year. |