With the expiration of the Empire Zones designations, the sales tax refund or credit on certain building materials used in an Empire Zone under Tax Law section 1119(a)(6) is discontinued.
Section 1119(a)(6) of the Tax Law allows a refund or credit for the state portion of sales and use taxes paid on building materials used in the construction, expansion, or rehabilitation of qualifying real property located in an Empire Zone. In addition, the local taxing authority within which the Empire Zone is located may also provide a similar refund or credit for the local sales and use tax paid under those circumstances. However, the refund or credit may only be claimed after the building materials are physically incorporated into the qualifying real property.
Tax Department that the refund or credit of state sales tax, and if applicable, local sales tax, will be allowed only for those building materials that were purchased on or before June 30, 2010, and physically incorporated on or before August 31, 2010, into qualifying real property located in an Empire Zone. No refund or credit will be allowed for building materials physically incorporated into the real property after August 31, 2010, even if the materials were purchased or a building project was started before July 1, 2010.
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