Title 9 Part 10000

These rules and regulations set forth the application process for the New York State Office of Homeland Security ‘Security Officer Training Tax Credit Program’ as set forth in subsection (e) of Tax Law section 26 as added by chapter 537 of the Laws of 2005. A taxpayer, which is subject to tax under article 9, 9-A, 22, 32 or 33 of the Tax Law and is a qualified building owner, shall be allowed a tax credit in the amount of $3,000 for each full-time qualified security officer who has been trained according to the Office of Homeland Certified Training Program. The Director of the Office of Homeland Security has the authority to promulgate regulations to establish procedures for the application and allocation of such credits and any other provisions necessary and appropriate to implement this program per Tax Law subdivision (e) of section 26 and paragraph (n) of subdivision (2) of section 709 of the Executive Law.

As used in this regulation, the following terms shall have the following meanings:

In the event that subtraction of the credit allocations of all the eligible applications received on a given day would result in a zero or negative balance of the legislative cap, the tax credits shall be allocated among such qualified building owners for that day on a pro rata basis. Each qualified building owner's request shall be allowed at a reduced rate equivalent to the percentage created by dividing the unallocated tax credits by the aggregate tax credits requested on such date. Untimely applications will not be considered for the tax credit.

A qualified building owner shall file a complete application according to the specified method of transmittal to the Office of Homeland Security within the filing period. The qualified building owner shall file with application such information, deemed necessary for the application process, as requested by the Director of the Office of Homeland Security, which includes, but is not limited to, affirmation by the qualified building owner that the certified training has been provided to each security officer; dates and places of training; hours worked by each qualified security officer for which the taxpayer is applying; and verification that all information has been provided to the best of the qualified building owner's knowledge. The Office of Homeland Security may request additional supporting documentation, as necessary. All applications postmarked on the first day of the filing period by the required method of transmittal shall be treated as having been filed on the first day of the application period and shall be given priority with all other applications filed on the same day in the awarding of tax credits over all applications postmarked on subsequent days. Applications postmarked on subsequent days shall be given priority based on the date of the postmark.

A committee appointed by the director shall evaluate all applications received by the Office of Homeland Security in accordance with subdivision (a) of this section. The Office of Homeland Security shall use the following criteria to determine the eligibility of a qualified building owner to receive a certificate of tax credit:

The Director of the Office of Homeland Security shall approve or disapprove the applications based upon criteria set forth by the Office of Homeland Security in order of priority based upon the application filing date of a complete application for allocation of security officer training tax credit.

If the Office of Homeland Security determines that a qualified building owner is eligible for the security officer training tax credit, the Director of the Office of Homeland Security shall issue a certificate of tax credit to the qualified building owner after verification of the information submitted by the qualified building owner. If the application is disapproved, the Office of Homeland Security shall provide the qualified building owner with a notice of disapproval. Any security officer determined not to be a qualified security officer, shall be rejected for the purpose of calculating the qualified building owner's tax credits and any such reduction in tax credit shall be reallocated in conformity with the process specified in these regulations. Upon a successful verification of eligible and timely applications, the Office of Homeland Security shall, within 45 days of the end of the filing period, issue certificates of tax credit and/or letters of disapproval, as appropriate.

Any qualified building owner who is allocated a credit in the first calendar year and who applies for credit in the second calendar year shall, upon successful application, have priority of their percentage amount awarded in the previous year over all other taxpayers who file a complete application in the succeeding calendar year.

If at the end of the calendar year, the aggregate amount of security officer training tax credits applied for is less than the calendar year's allocation, then the amount permitted with respect to subsequent taxable years shall be augmented by the amount of such excess.

The qualified building owners who receive security officer training tax credits in any given year shall, upon request by the Director of the Office of Homeland Security, immediately provide or make available any information necessary, including copies of supporting documentation to verify the information submitted in applications for such credit, including verification of training of security guards, the existence of a required contract, the payment of the mandatory wage provision as set forth in paragraph (4) of subdivision (b) of section 26 of the Tax Law, and any other information deemed necessary by the Director of the Office of Homeland Security.