New York Tax Code § 21

Brownfield redevelopment tax credit
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* § 21. Brownfield redevelopment tax credit. (a) Allowance of credit.\n(1) General. A taxpayer subject to tax under article nine, nine-A,\ntwenty-two or thirty-three of this chapter shall be allowed a credit\nagainst such tax, pursuant to the provisions referenced in subdivision\n(f) of this section. Such credit shall be allowed with respect to a\nqualified site, as such term is defined in paragraph one of subdivision\n(b) of this section. The amount of the credit in a taxable year shall be\nthe sum of the credit components specified in paragraphs two, three and\nfour of this subdivision applicable in such year.\n  (2) Site preparation credit component. The site preparation credit\ncomponent shall be equal to the applicable percentage of the site\npreparation costs paid or incurred by the taxpayer with respect to a\nqualified site. The credit component amount so determined with respect\nto a site's qualification for a certificate of completion shall be\nallowed for the taxable year in which the effective date of the\ncertificate of completion occurs. The credit component amount determined\nother than with respect to such qualification shall be allowed for the\ntaxable year in which the improvement to which the applicable costs\napply is placed in service for up to five taxable years after the\nissuance of such certificate of completion; provided, however, that for\nany qualified site to which a certificate of completion is issued on or\nafter July first, two thousand fifteen but on or before June\ntwenty-fourth, two thousand twenty-one, the site preparation credit\ncomponent for such costs shall be allowed for up to seven taxable years\nafter the issuance of such certificate of completion; and provided\nfurther, however, that for any qualified site located in cities with a\npopulation greater than two hundred five thousand and less than two\nhundred fifteen thousand in counties with a population greater than one\nmillion but less than one million ten thousand based on the latest\nfederal decennial census for which the department of environmental\nconservation has issued a certificate of completion to the taxpayer on\nor after January first, two thousand seventeen and before December\nthirty-first, two thousand seventeen, the site preparation credit\ncomponent for such costs shall be allowed for up to fifteen taxable\nyears after the issuance of such certificate of completion.\n  (3) Tangible property credit component.\n  (i) The tangible property credit component shall be equal to the\napplicable percentage of the cost or other basis for federal income tax\npurposes of tangible personal property and other tangible property,\nincluding buildings and structural components of buildings, which\nconstitute qualified tangible property and may include any related party\nservice fee paid; provided that in determining the cost or other basis\nof such property, the taxpayer shall exclude the acquisition cost of any\nitem of property with respect to which a credit under this section was\nallowable to another taxpayer; and provided further that for the\npurposes of this section, starting with taxable year two thousand\ntwenty-two, on sites that comply with the track one remediation\nstandards promulgated pursuant to subdivision four of section 27-1415 of\nthe environmental conservation law, stadiums, baseball parks, basketball\ncourts and other athletic facilities shall be considered buildings, and\nthat components of stadiums, baseball parks, basketball courts, and\nother athletic facilities constructed on such sites, including sports\nfield turf, site lighting, sidewalks, access and entry ways, and other\nimprovements added to land, shall be considered structural components of\nbuildings under the internal revenue code, and shall be included in the\ndefinition of tangible property for the purposes of this section. A\nrelated party service fee shall be allowed only in the calculation of\nthe tangible property credit component and shall n

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