2019 New York Laws
COM - Economic Development Law
Article 22 - Employee Training Incentive Program
443 - Application and Approval Process.

§  443.  Application  and  approval process. 1. A business entity must
submit a completed application in such form and with such information as
prescribed by the commissioner.
  2. As part of such application, each business entity must:
  (a) provide such documentation as  the  commissioner  may  require  in
order for the commissioner to determine that the business entity intends
to  conduct  eligible  training  or  procure  eligible  training for its
employees from an approved provider;
  (b) agree to allow the department of taxation and finance to share its
tax information with the department. However, any information shared  as
a  result  of  this  agreement  shall not be available for disclosure or
inspection under the state freedom of information law;
  (c) agree to allow the department  of  labor  to  share  its  tax  and
employer  information  with  the  department.  However,  any information
shared as a  result  of  this  agreement  shall  not  be  available  for
disclosure or inspection under the state freedom of information law;
  (d)  allow  the  department and its agents access to any and all books
and records the department may require to monitor compliance;
  (e) provide a clear and detailed presentation of all  related  persons
to  the  applicant  to  assure  the  department  that jobs are not being
shifted within the state; and
  (f) certify, under penalty of  perjury,  that  it  is  in  substantial
compliance  with all environmental, worker protection, and local, state,
and federal tax laws.
  3. The commissioner may approve an application from a business  entity
upon  determining  that  such  business  entity  meets  the  eligibility
criteria established in section four hundred forty-two of this  article.
Following  approval  by the commissioner of an application by a business
entity to participate in the employee training  incentive  program,  the
commissioner  shall  issue  a  certificate of tax credit to the business
entity upon its demonstrating successful  completion  of  such  eligible
training  to the satisfaction of the commissioner. For eligible training
as defined by paragraph (a) of subdivision three of section four hundred
forty-one of this article the amount of the credit  shall  be  equal  to
fifty percent of eligible training costs, up to a credit of ten thousand
dollars  per employee receiving eligible training. For eligible training
as defined by paragraph (b) of subdivision three of section four hundred
forty-one of this article, the amount of the credit shall  be  equal  to
fifty  percent of the stipend paid to an intern, up to a credit of three
thousand dollars per intern. The tax credits shall  be  claimed  by  the
qualified  employer  as  specified  in  subdivision fifty of section two
hundred ten-B and subsection (ddd) of section six hundred six of the tax
law.