Local businesses could lose tax credits due to Empire Zone changes
NORWICH Changes made to New York State’s Empire Zone program in this year’s state budget could jeopardize the recertification of as many as seven area businesses, according to local economic development experts.
“In most of these cases there are extenuating circumstances that have resulted in changes to organizational structures, which with more information could be cleared up,” reported Commerce Chenango President Maureen Carpenter, whose organization serves as coordinator for the Greater Norwich Empire Zone. “We intend to work closely with the companies in communicating this to Empire State Development.”
Due to the new statutory requirements dictated in the budget, Empire State Development, the state agency which administers the program designed to encourage business expansion and job growth within designated economic development zones, reviewed all 8,780 certified businesses within 85 designated economic development zones across the state.
Based on that initial review, they identified nearly 2,000 of those businesses as either “not meeting the qualifications for continued certification” or needing to provide additional information to keep their certification.
According to Jennifer Tavares, economic development specialist for Commerce Chenango, a total of 65 businesses are certified to receive the program’s tax credits in the Greater Norwich Empire Zone. While the vast majority received notification that they did qualify to continue to receive the tax benefits and would be receiving recertification documents in the near future, she said, seven local businesses were on the list for possible decertification in the program: Cwynar & Company CPA’s PLLC, Vanusta Hotels, Inc., The Renaissance Building/Arnel Music, The Three Amigos LLC, Pet Street Station Animal Hospital PLLC, Sun Printing Inc. and Allentown Properties, LLC.
Just receiving the letter, however, does not mean the business will definitely lose their zone certification, Tavares clarified.
“These businesses aren’t actually decertified,” she reported. “They will still have the chance to appeal.
An additional five businesses in the Greater Norwich Empire Zone were notified that the state needed more information before they could be recertified: Raymond, NBT Bancorp, Inc., Wilson Funeral Home, Hart’s Electric and Sureseal.
These businesses will be given the opportunity to recalculate and resubmit information for the last five years, Tavares said. This information, which is included in the Business Annual Report they are required to submit to ESD each year, includes employment numbers, number of jobs created, and capital investments made each year. To qualify for the tax credits offered through the program, they must conform to certain benefit cost ratios, which is one of the bars that has been raised with the new requirements.
While the statutory changes, which are retroactive to January 1, 2008, weren’t officially announced until April, “there was some foreshadowing,” according to Tavares. They began receiving calls from certified businesses within the zone earlier this year when they had difficulty filing their tax returns, she explained. These businesses were told they would need to include their recertification certificate with their returns in order to receive any tax credits.
Carpenter, who called the Empire Zone program “the best economic development tool that New York State has to retain, recruit and grown business,” called making the changes to the program retroactive to Jan. 1 2008 “unjust.” “They are trying to rescind benefits that have already been allocated,” she said.
Receiving one of these notifications is no indication of any wrong-doing on the part of these businesses, according to the Chamber president.
“Businesses here haven’t gotten anything they didn’t deserve,” Carpenter said. “In order to get the credit, you have to make the investment and create the jobs.”
Right now it is something of a waiting game for the seven businesses who have been informed they may no longer meet the program’s requirements. In the letter they received from ESD, they were told to expect more information on or before June 19.
“In most of these cases there are extenuating circumstances that have resulted in changes to organizational structures, which with more information could be cleared up,” reported Commerce Chenango President Maureen Carpenter, whose organization serves as coordinator for the Greater Norwich Empire Zone. “We intend to work closely with the companies in communicating this to Empire State Development.”
Due to the new statutory requirements dictated in the budget, Empire State Development, the state agency which administers the program designed to encourage business expansion and job growth within designated economic development zones, reviewed all 8,780 certified businesses within 85 designated economic development zones across the state.
Based on that initial review, they identified nearly 2,000 of those businesses as either “not meeting the qualifications for continued certification” or needing to provide additional information to keep their certification.
According to Jennifer Tavares, economic development specialist for Commerce Chenango, a total of 65 businesses are certified to receive the program’s tax credits in the Greater Norwich Empire Zone. While the vast majority received notification that they did qualify to continue to receive the tax benefits and would be receiving recertification documents in the near future, she said, seven local businesses were on the list for possible decertification in the program: Cwynar & Company CPA’s PLLC, Vanusta Hotels, Inc., The Renaissance Building/Arnel Music, The Three Amigos LLC, Pet Street Station Animal Hospital PLLC, Sun Printing Inc. and Allentown Properties, LLC.
Just receiving the letter, however, does not mean the business will definitely lose their zone certification, Tavares clarified.
“These businesses aren’t actually decertified,” she reported. “They will still have the chance to appeal.
An additional five businesses in the Greater Norwich Empire Zone were notified that the state needed more information before they could be recertified: Raymond, NBT Bancorp, Inc., Wilson Funeral Home, Hart’s Electric and Sureseal.
These businesses will be given the opportunity to recalculate and resubmit information for the last five years, Tavares said. This information, which is included in the Business Annual Report they are required to submit to ESD each year, includes employment numbers, number of jobs created, and capital investments made each year. To qualify for the tax credits offered through the program, they must conform to certain benefit cost ratios, which is one of the bars that has been raised with the new requirements.
While the statutory changes, which are retroactive to January 1, 2008, weren’t officially announced until April, “there was some foreshadowing,” according to Tavares. They began receiving calls from certified businesses within the zone earlier this year when they had difficulty filing their tax returns, she explained. These businesses were told they would need to include their recertification certificate with their returns in order to receive any tax credits.
Carpenter, who called the Empire Zone program “the best economic development tool that New York State has to retain, recruit and grown business,” called making the changes to the program retroactive to Jan. 1 2008 “unjust.” “They are trying to rescind benefits that have already been allocated,” she said.
Receiving one of these notifications is no indication of any wrong-doing on the part of these businesses, according to the Chamber president.
“Businesses here haven’t gotten anything they didn’t deserve,” Carpenter said. “In order to get the credit, you have to make the investment and create the jobs.”
Right now it is something of a waiting game for the seven businesses who have been informed they may no longer meet the program’s requirements. In the letter they received from ESD, they were told to expect more information on or before June 19.
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