For purposes of this paragraph, an individual who is either a sole proprietor or a member of a partnership will qualify as an owner of a new business unless:

(a) such individual has previously received a refund of an investment credit or a retail enterprise credit pursuant to this paragraph;

(b) the business of which such individual is an owner is substantially similar in operation and in ownership to a business entity taxable, or previously taxable, under section 183 of the Tax Law (New York State Franchise Tax on transportation and transmission corporations and associations), section 184 of the Tax Law (New York State Additional Franchise Tax on transportation and transmission corporations and associations), section 185 of the Tax Law (New York State Franchise Tax on farmers', fruit growers', and other like agricultural corporations organized and operated on a cooperative basis), section 186 of the Tax Law (New York State Franchise Tax on water-works companies, gas companies, electric or steam heating, lighting and power companies), article 9-A of the Tax Law (New York State Franchise Tax on business corporations), article 32 of the Tax Law (New York State Franchise Tax on banking corporations), article 33 of the Tax Law (New York State Franchise Tax on insurance corporations), article 23 of the Tax Law (New York State Unincorporated Business Income Tax) or which would have been subject to tax under such article 23 as such article was in effect on January 1, 1980, or the income (or loss) of which (or was) includible under article 22 of the Tax Law (New York State Personal Income Tax) whereby the intent and purpose of this paragraph with respect to the refunding of the investment credit or the retail enterprise credit to a new business would be evaded; or