N.J. Admin. Code § 19:31W-1.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:31W-1.4 - Application submission requirements

(a) Each application to the Authority shall include the following information in an application format prescribed by the Authority:

1. Taxpayer information, which shall include the following:

i. The name of the taxpayer;

ii. Any other name(s) under which the taxpayer conducts business, if applicable;

iii. The name and contact details (name, telephone, and email address) of the primary contact person and, if different, the name and contact details of a person with authority to sign on behalf of the taxpayer;

iv. The taxpayer's address;

v. The address of the qualified facility, if different than the taxpayer address;

vi. The type of business organization;

vii. The New Jersey tax identification number;

viii. The Federal tax identification number;

ix. A list of all New Jersey Department of Labor and Workforce Development, the Department of Environmental Protection, and the Department of the Treasury permits and approvals or obligations and responsibilities, with which the owner or business is associated with or has an interest in. The list shall identify the entity that applied for or received such permits and approvals or have such obligations and responsibilities, such as by program interest numbers or licensing numbers. The taxpayer shall also submit a written certification by the taxpayer, if an individual, or the owner or chief executive officer or equivalent officer for North American operations of the taxpayer, if not an individual, stating that the taxpayer applying for the program is in substantial good standing with the Department of Labor and Workforce Development, the Department of Environmental Protection, and the Department of the Treasury as set forth at N.J.A.C. 19:31W-1.6(b), and that the individual has reviewed the application information submitted and that the representations contained therein are accurate, under the penalty of perjury;

x. A completed legal questionnaire disclosing all relevant legal matters in accordance with the Authority debarment and disqualification rules at N.J.A.C. 19:30-2;

xi. Submission of a tax clearance certificate, pursuant to P.L. 2007, c. 101; and

xii. Any other necessary and relevant information as determined by the Authority for a specific application.

2. Project information shall include the following:

i. Site control documentation, for example, deed or lease;

ii. An overall description of the completed project;

iii. A written certification of an independent certified public accountant that is qualified pursuant to (b) below, which may be made pursuant to an agreed upon procedures letter acceptable to the Authority, relating to the capital investment. If the certified capital investment is less than the minimum eligibility requirement set forth at N.J.A.C. 19:31W-1.3(c), the taxpayer shall not be eligible for the tax credit;

iv. Whether the project involved new construction or the rehabilitation, retrofit, improvement, or fit-out of an existing premises;

v. An explanation of how the facility at which the capital investment was made meets the definition of a qualified facility;

vi. The start date of capital investment and the completion date of capital investment;

vii. A floor plan of the qualified facility that identifies functionality and square footage;

viii. The types and descriptions of the personal protective equipment manufactured at the qualified facility;

ix. An acknowledgement by the taxpayer that it must maintain the new qualifying full-time jobs for the duration of the commitment period and that failure to do so may result in the Authority recapturing all or part of the tax credits awarded;

x. Documentation evidencing that the taxpayer has met the criteria for the tax credit amounts at N.J.A.C. 19:31W-1.7(b);

xi. Evidence to the Authority's satisfaction that the taxpayer complied with the Authority's prevailing wage requirements, P.L. 2007, c. 245 (N.J.S.A. 34:1B-5.1), for all capital investment and with the Authority's affirmative action requirements, P.L. 1979, c. 303 (N.J.S.A. 34:1B-5.4), commencing with August 5, 2021 (the effective date of this subchapter); and

xii. Any other necessary and relevant information as determined by the Authority for a specific application.

3. Employee information shall include the following:

i. A list of all current new and retained qualifying full-time jobs and all employees at the qualified facility, certified by the taxpayer, if an individual, or the owner or chief executive officer or equivalent officer for North American operations of the taxpayer, if not an individual, under penalty of perjury;

ii. The WR 30s of the taxpayer for the quarter immediately preceding the commencement date of capital investment and the quarter immediately preceding date of application;

iii. The taxpayer shall submit a certification of an independent certified public accountant that is qualified pursuant to (b) below, which may be made pursuant to an agreed upon procedures letter acceptable to the Authority, relating to employment. The number of all new and retained qualifying full-time jobs in the certification shall be utilized by the Authority in the calculation of tax credits and shall not be increased regardless of additional jobs located at the qualified facility. If the certification indicates that the employment is less than the minimum eligibility requirement set forth at N.J.A.C. 19:31W-1.3(d), the taxpayer shall not be eligible for the tax credit; and

iv. Any other necessary and relevant information as determined by the Authority for a specific application.

(b) The Authority shall qualify certified public accountants and provide to the taxpayer the list of qualified certified public accountants, provided however, the taxpayer may select a certified public accountant that is independent to the taxpayer and not on the Authority's list of qualified certified public accountants for purposes of the capital investment certification, or the taxpayer's chief financial officer may certify for purposes of the employment certification upon the Authority's prior approval, if the taxpayer demonstrates an extenuating circumstance prohibiting the taxpayer from retaining a qualified certified public accountant. Such circumstances include, but are not limited to, the unavailability of any of the qualified certified public accountants to timely complete the certification or none of the qualified certified public accountants are independent to the taxpayer, or the taxpayer is a business with fewer than 100 employees, as measured on a full-time equivalent basis.

(c) The Authority may require the submission of additional information to complete the application or may require the resubmission of the entire application, if incomplete.

N.J. Admin. Code § 19:31W-1.4

Recodified from 19:31-24.4 56 N.J.R. 807(a), effective 5/6/2024