Location requirement waiver for tax credits (Articles 9-A and 22)

Effective 11/26/2021, and for the duration of the state disaster emergency declaration pursuant to Executive Order 211 of 2021, the employment location requirements for businesses receiving tax benefits based on:

maintaining a presence within the state or within specific areas of the state, and

whose employees’ work location was affected by the COVID-19 pandemic,

may be satisfied by the employer designating remote work of employees as having been performed at the location where the work was preformed prior to the disaster emergency declaration.

Eligible businesses are required to certify that for the entire period the credit is claimed, the business continued to operate within the state. Businesses are not entitled to any tax benefits for periods of time they moved their operations outside of the state.

This provision specifically includes but is not limited to the Excelsior and Start-Up NY Programs.

[Part LL of Chapter 59 of the Laws of 2022; Tax Law §§ 31 and 39]