1. (a) In accordance with section 210.19 of the Tax Law, a taxpayer that has been certified or that has applied for certification (see subdivision [b] of this section) pursuant to article 18-B of the General Municipal Law may be eligible to claim an empire zone wage tax credit (formerly known as economic development zone wage tax credit) against the tax imposed by article 9-A of the Tax Law with respect to wages paid for full-time employment, other than to general executive officers, in newly created jobs located in empire zones (EZ's) or zone equivalent areas (ZEA's), designated as such pursuant to article 18-B of the General Municipal Law.

   1. (1) In order to claim a credit, a taxpayer must be certified pursuant to article 18-B of the General Municipal Law with respect to the taxable year. For purposes of this subdivision, a taxpayer is certified where the taxpayer has received certification pursuant to article 18-B of the General Municipal Law and such certification has not been revoked. A taxpayer will be deemed certified with respect to an entire taxable year if the taxpayer applied for such certification on or before the last day of the taxable year, whether such application was approved during such taxable year or in a subsequent taxable year. Example:

      Example:

      Taxpayer A is a calendar year taxpayer, located in an empire zone. On December 30, 1999, Taxpayer A applied for certification. On April 30, 2000, Taxpayer A received notice from the Department of Economic Development that it had been certified as of the date the local zone certifying officer signed and dated the application, which was April 1, 2000. For purposes of the empire zone wage tax credit, Taxpayer A is deemed to have been certified as of January 1, 1999, the first day of Taxpayer A's taxable year in which it applied for certification. If the requirements set forth in section 210.19 of the Tax Law, other than with respect to certification, are met, then wages paid by Taxpayer A on and after January 1, 1999, will constitute empire zone wages.

   2. (2) Where a taxpayer's certification pursuant to article 18-B of the General Municipal Law has been revoked during the taxable year, an empire zone wage tax credit may be allowed with respect to empire zone wages paid during the taxable year prior to the revocation. For a special provision with respect to the assessment of tax due to a taxpayer's decertification pursuant to article 18-B of the General Municipal Law, see section 38.1 of this Title.

   (b)

2. (c) A taxpayer entitled to claim an empire zone wage tax credit must submit a copy of its certificate of eligibility together with a Claim for EZ Wage Tax Credit form or a Claim for ZEA Wage Tax Credit form when claiming the credit. If the certificate of eligibility has not yet been received, a copy of the application for such certificate must be submitted. The appropriate certificate of eligibility, or application for such certificate, must be attached to the taxpayer's franchise tax report for the year in which the taxpayer is claiming the credit.
3. (d) If a taxpayer has claimed an empire zone wage tax credit contingent on the approval of the application for certification according to article 18-B of the General Municipal Law and such application is subsequently denied, such taxpayer must file an amended report with the Commissioner to reflect the disallowance of the empire zone wage tax credit.

Tax Law, §§ 210(19), 1083(c)(9), 1085(m)