Section 359 - Cap on tax credit1. Except with respect to tax credits issued to Green CHIPS projects as articulated in subdivision four of this section, the total amount of tax credits issued by the commissioner for any taxable year may not exceed the limitations set forth in this subdivision. Except with respect to tax credits issued to Green CHIPS projects as articulated in subdivision four of this section, one-half of any amount of tax credits not awarded for a particular taxable year may be used by the commissioner to award tax credits in another taxable year. Credit components in the aggregate shall not exceed: | With respect to taxable years beginning in: |
$ 50 million | 2011 |
$ 100 million | 2012 |
$ 150 million | 2013 |
$ 200 million | 2014 |
$ 250 million | 2015 |
$ 183 million | 2016 |
$ 183 million | 2017 |
$ 183 million | 2018 |
$ 183 million | 2019 |
$ 183 million | 2020 |
$ 183 million | 2021 |
$ 133 million | 2022 |
$ 83 million | 2023 |
$ 36 million | 2024 |
$ 200 million | 2025 |
$ 200 million | 2026 |
$ 200 million | 2027 |
$ 200 million | 2028 |
$ 200 million | 2029 |
2. Twenty-five percent of tax credits shall be allocated to businesses accepted into the program under subdivision four of section three hundred fifty-three of this article and seventy-five percent of tax credits shall be allocated to businesses accepted into the program under subdivision three of section three hundred fifty-three of this article.3. Provided, however, if by September thirtieth of a calendar year, the department has not allocated the full amount of credits available in that year to either: (i) businesses accepted into the program under subdivision four of section three hundred fifty-three of this article or (ii) businesses accepted into the program under subdivision three of section three hundred fifty-three of this article, the commissioner may allocate any remaining tax credits to businesses referenced in this paragraph as needed; provided, however, that under no circumstances may the aggregate statutory cap for all program years be exceeded. One hundred percent of the unawarded amounts remaining at the end of two thousand twenty-nine may be allocated in subsequent years, notwithstanding the fifty percent limitation on any amounts of tax credits not awarded in taxable years two thousand eleven through two thousand twenty-nine. Provided, however, no tax credits may be allowed for taxable years beginning on or after January first, two thousand forty.4. The total amount of tax credits issued by the commissioner for the taxable years two thousand twenty-two to two thousand forty-one for Green CHIPS projects shall not exceed five hundred million per year. One hundred percent of any amount of tax credits not awarded for a particular taxable year may be used by the commissioner to award tax credits in another taxable year. Notwithstanding the foregoing, Green CHIPS projects may be allowed to claim credits for taxable years up to January first, two thousand fifty.N.Y. Economic Development Law § 359
Amended by New York Laws 2022 , ch. 494, Sec. 4, eff. 8/11/2022.Amended by New York Laws 2020 , ch. 59, Sec. L-5, eff. 4/3/2020.Amended by New York Laws 2017 , ch. 59, Sec. K-5, eff. 4/10/2017.Amended by New York Laws 2016 , ch. 60, Sec. O-1, eff. 4/13/2016.Amended by New York Laws 2013 , ch. 68, Sec. C-3, eff. 8/23/2013.