State of New York Commissioner of Taxation and Finance issued an advisory to claim the Qualified Empire Zone Enterprise (QEZE) real property tax credit (RPTC) for the period of time during which it was decertified as an empire zone business in 2009, pursuant to Part S-1 of Chapter 57 of the Laws of 2009, despite the successful appeal of the decertification.

An entity must be certified under Article 18-B of the GML to claim empire zones or QEZE tax credits. Part S-1 of Chapter 57 of the Laws of 2009 amended section 959(w) of the GML to require the Commissioner of Economic Development to reevaluate in 2009 all certified businesses in the program. Businesses that had filed at least three business annual reports and failed to meet the new certification criteria in sections 959(a)(v)(5) and (6) of the GML were required to be decertified for taxable years beginning on or after January 1, 2008. Businesses that were not in violation of the new certification criteria were issued a retention certificate to submit with their tax returns for taxable years beginning on or after January 1, 2008.

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