Form REAP-EB "Application for Certificate of Eligibility - Lower Manhattan Relocation and Employment Assistance Program for Eligible Businesses (Lm Reap-Eb)" - New York City

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NEW YORK CITY DEPARTMENT OF FINANCE
LOWER MANHATTAN
®
RELOCATION AND EMPLOYMENT ASSISTANCE PROGRAM
FOR ELIGIBLE BUSINESSES (LM REAP-EB)
DATE
Application for Certificate of Eligibility
INSTRUCTIONS: Use this application for LM REAP benefits applied to Unincorporated Business
STAMP
Tax, General Corporation Tax, Business Corporation Tax, Banking Corporation Tax or Utility Tax.
Do not use this application if you had employees in premises in New York City after December 31,
2001 and before you signed a lease or contract for the premises for which you are applying for ben-
efits. If you had employees in Manhattan during this period, you must use the LM REAP-SEB ap-
plication. If you had employees in the Bronx, Brooklyn, Queens or Staten Island and no employees
in Manhattan during this period, you are not eligible LM REAP benefits.
PART I: APPLICANT AND SITE INFORMATION
SECTION A: APPLICANT INFORMATION
APPLICANT’S COMPANY NAME:
SOCIAL SECURITY NUMBER:
CONTACT PERSON:
OR
EMPLOYER IDENTIFICATION NUMBER:
ADDRESS:
CITY/STATE:
ZIP CODE:
MAIN BUSINESS ACTIVITY:
TELEPHONE NUMBER:
SECTION B: ORIGINAL SITE INFORMATION
Have you conducted substantial business operations at one or more business locations outside
of New York City for at least 24 consecutive months immediately preceding the taxable year
q
q
of the relocation with respect to which this application is made? .............................................................
YES
NO
If “YES,” complete the following schedule for the locations, and attach copies of your federal tax returns for the two years
immediately preceding the taxable year of the relocation.
STREET
CITY AND
NATURE OF
NUMBER OF
DATES AT
ADDRESS
STATE
ACTIVITIES
EMPLOYEES
LOCATION
Visit Finance at nyc.gov/finance
REAP-EB Rev. 02/08/2021
NEW YORK CITY DEPARTMENT OF FINANCE
LOWER MANHATTAN
®
RELOCATION AND EMPLOYMENT ASSISTANCE PROGRAM
FOR ELIGIBLE BUSINESSES (LM REAP-EB)
DATE
Application for Certificate of Eligibility
INSTRUCTIONS: Use this application for LM REAP benefits applied to Unincorporated Business
STAMP
Tax, General Corporation Tax, Business Corporation Tax, Banking Corporation Tax or Utility Tax.
Do not use this application if you had employees in premises in New York City after December 31,
2001 and before you signed a lease or contract for the premises for which you are applying for ben-
efits. If you had employees in Manhattan during this period, you must use the LM REAP-SEB ap-
plication. If you had employees in the Bronx, Brooklyn, Queens or Staten Island and no employees
in Manhattan during this period, you are not eligible LM REAP benefits.
PART I: APPLICANT AND SITE INFORMATION
SECTION A: APPLICANT INFORMATION
APPLICANT’S COMPANY NAME:
SOCIAL SECURITY NUMBER:
CONTACT PERSON:
OR
EMPLOYER IDENTIFICATION NUMBER:
ADDRESS:
CITY/STATE:
ZIP CODE:
MAIN BUSINESS ACTIVITY:
TELEPHONE NUMBER:
SECTION B: ORIGINAL SITE INFORMATION
Have you conducted substantial business operations at one or more business locations outside
of New York City for at least 24 consecutive months immediately preceding the taxable year
q
q
of the relocation with respect to which this application is made? .............................................................
YES
NO
If “YES,” complete the following schedule for the locations, and attach copies of your federal tax returns for the two years
immediately preceding the taxable year of the relocation.
STREET
CITY AND
NATURE OF
NUMBER OF
DATES AT
ADDRESS
STATE
ACTIVITIES
EMPLOYEES
LOCATION
Visit Finance at nyc.gov/finance
REAP-EB Rev. 02/08/2021
LM-REAP-EB - Lower Manhattan Relocation and Employment Assistance Program Benefits for Eligible Businesses
Page 2
SECTION C: RELOCATION SITE INFORMATION
You may complete and submit a LM-REAP application for an anticipated relocation, even if all the requested infor-
mation is not yet available.
1. On or after July 1, 2003, did you relocate to premises within the eligible
q
q
Lower Manhattan area? ..................................................................................................................
YES
NO
If “YES,” provide (a) the borough, block and lot number, the address of the premises you relocated to, and submit one
of the following: a copy of the lease for the premises, a copy of the contract to purchase the premises, or a copy of the
deed if you own the premises; AND (b) a brief description of the relocated business operations.
:
:
:
a.
BOROUGH
BLOCK
LOT
:
ADDRESS
b.
:
DESCRIPTION OF RELOCATED BUSINESS OPERATIONS
2. Do your activities at the relocation premises consist predominantly of any of the following:
a. The retail sale (other than through the mail, by phone, or by means of the Internet) of
tangible personal property to any person, for any purpose unrelated to the trade
q
q
or business of such person? ....................................................................................................
YES
NO
b. The sale of services to individuals that generally involve the physical, mental,and/or
spiritual care of such individuals or the physical care of the personal property of any
q
q
personal property of any person unrelated to the trade or business of such person?.............
YES
NO
q
q
c. The provision of retail banking services? .................................................................................
YES
NO
d. The lodging of guests at a building or portion thereof that is regularly used and kept
q
q
open for such services, including an apartment hotel, a motel, or boarding house or club?....
YES
NO
IF YOU CHECKED “YES” TO ANY ITEM IN QUESTION 2, YOU DO NOT MEET THE
LM-REAP ELIGIBILITY CRITERIA.
3. a. Do you own the premises to which you relocated, or if you lease the premises, does
the term of the lease extend to a date at least three years after the relocation date and
q
q
the lease commencement date? ..............................................................................................
YES
NO
b. On or after July 1, 2003, were expenditures in excess of $25 per square foot made
q
q
for improvements to the premises? ..........................................................................................
YES
NO
IF YOU ANSWERED “YES” TO 3a AND 3b, DO NOT COMPLETE QUESTION 4.
IF YOU ANSWERED “NO” TO EITHER PART OF QUESTION 3, YOU MUST
COMPLETE QUESTION 4.
4. a. Do the premises to which you have relocated fit any of the following five categories?
(1) Premises are wholly contained in real property that is eligible to receive
q
q
benefits under the City’s Industrial and Commercial Abatement Program (ICAP)? ...........
YES
NO
If “YES”, submit a copy of the lease and the ICAP Preliminary Certificate of Eligibility.
LM-REAP-EB - Lower Manhattan Relocation and Employment Assistance Program Benefits for Eligible Businesses
Page 3
SECTION C: RELOCATION SITE INFORMATION - Continued
(2) Premises are wholly contained or situated on real property that has been
q
q
leased from the New York City Industrial Development Agency? ......................................
YES
NO
If “YES”, submit a copy of the lease.
(3) Premises are wholly contained in or situated on real property that is owned
q
q
by the City of New York? ....................................................................................................
YES
NO
If “YES”, submit a copy of the lease.
(4) Premises are wholly contained or situated on real property that is owned
by the Port Authority or the New York State Urban Development Corporation
q
q
or a subsidiary thereof?......................................................................................................
YES
NO
If “YES”, submit a copy of the lease.
(5) Premises are wholly contained in or situated on real property that would be
eligible to receive benefits pursuant to the City’s ICAP Program, except that such
q
q
property is exempt from real property taxation?.................................................................
YES
NO
If “YES”, submit a copy of the lease and the ICAP Preliminary Certificate of Eligibility.
4. b. Were the premises to which you relocated improved by construction or
q
q
renovation? ..............................................................................................................................
YES
NO
(1) Answer this question only if you checked Question 4a (2):
Was such construction or renovation made with the approval of the NYC
q
q
Industrial Development Agency?........................................................................................
YES
NO
(2) Answer this question only if you checked Question 4a (3):
Was such construction or renovation made with the approval of your lease in
q
q
accordance with the NYC Charter?....................................................................................
YES
NO
(3) On or after July 1, 2003, have there been expenditures made in excess of 50%
of the property’s assessed value (or, in the case of industrial property, in excess
q
q
of 25%) for improvements to the real property in which your premises are located? ......
YES
NO
(4) Were such expenditures made within 36 months, or, if the expenditures were in
excess of $50 million, were they made within 72 months from commencement of
q
q
the lease?...........................................................................................................................
YES
NO
IF YOU ANSWER “YES” TO ANY QUESTION IN 4b, YOU MUST SUBMIT COPIES
OF INVOICES AND CANCELED CHECKS TO DOCUMENT EXPENDITURES.
ATTACH A RIDER.
LM-REAP-EB - Lower Manhattan Relocation and Employment Assistance Program Benefits for Eligible Businesses
Page 4
PART II -
CALCULATION AND AFFIRMATION
SECTION A: CALCULATION OF BASE AGGREGATE EMPLOYMENT SHARES OUTSIDE THE CITY (BAESOC).
Before doing calculations, please read the Definition of Terms included with this application.
Calculate the Base Aggregate Employment Shares Outside the City (BAESOC) and attach a schedule showing your cal-
culations.
This number is the sum of the aggregate employment shares maintained by the eligible business outside the City in the
taxable year immediately preceding the taxable year of the relocation by the eligible business.
You must also submit proof of employment (e.g. W-2’s , payroll documents, etc.) along with this schedule.
NUMBER OF SHARES
SECTION B: LM REAP-EB AFFIRMATION
I hereby certify that the information furnished with or in this application is, to the best of my knowledge and be-
lief, true, correct and complete.
Name and Title: ________________________________________________________________________________
,
PRINT NAME AND TITLE OF APPLICANT
PARTNER OR CORPORATE OFFICER
________________________________________________________________________
________________________________________
Signature
Date
MAIL TO:
NYC DEPARTMENT OF FINANCE
BUSINESS AND EXCISE TAX REFUND UNIT - REAP GROUP
59 MAIDEN LANE, 20TH FLOOR, NEW YORK, NY 10038
Upon receipt and review of a complete application, including all required schedules and documents, Fi-
nance will issue a Certificate of Eligibility to the applicant. In order to claim LM-REAP benefits, you must
submit an annual computation of aggregate employment shares maintained by the eligible business,
every year. Finance will issue an annual certification, which must be attached to your applicable business
tax return.
LM-REAP-EB - Lower Manhattan Relocation and Employment Assistance Program Benefits for Eligible Businesses
Page 5
PART II - SECTION C: DEFINITION OF TERMS
1. Employee: The term “employee” includes any indi-
5. Employment Shares: The term “employment share”
vidual where the existing relationship between that
means, with respect to each employee, partner or
individual and the eligible business is that of em-
sole proprietor of an eligible business, the sum of:
ployer and employee. Generally, an employer-em-
ployee relationship exists when the eligible
a ) the number of full-time work weeks worked by
business has the right to control and direct the indi-
such employee, partner or sole proprietor during
vidual, not only as to the result to be accomplished,
the eligible business’ taxable year, divided by the
but also as to the means by which such result is to
number of weeks in the taxable year, and
be accomplished. If the relationship of employer-
b ) the number of part-time work weeks worked by
employee exists, the designation or description of
such employee, partner or sole proprietor during
the relationship is immaterial. Directors of a corpo-
the eligible business’ taxable year, divided by an
ration in their capacity as directors are not employ-
amount equal to twice the number of weeks in
ees of an eligible business.
Directors of a
the taxable year.
corporation may be considered employees if, in ad-
dition to serving in the capacity of directors, they
6. Aggregate Employment Shares: The term “ag-
serve in the capacity of employees.
gregate employment shares” means the sum of all
employment shares maintained by an eligible busi-
2. Eligible worker: the term “eligible worker” means
ness in a taxable year.
an employee, partner or sole proprietor of the eligi-
ble business.
7. Eligible Lower Manhattan Area: The term “eligible
Lower Manhattan area” refers to the area in Man-
3. Work Week: The term “work week” means a period
hattan lying south of a line that runs from the inter-
of seven or fewer successive days, beginning with
section of the Hudson River with the Holland Tunnel,
a specified day, which the eligible business has
running north along West Avenue to the intersection
adopted and regularly utilizes as its work week.
of Clarkson Street, then running east along the cen-
ter line of Clarkson Street to the intersection of Wash-
A full-time work week is a work week during
l
ington Street, then running south along the center
which an eligible worker has performed at least
line of Washington Street to the intersection of West
35 hours of labor for compensation.
Houston Street, then east along the center line of
West Houston Street, then, at the intersection of the
A part-time work week is a work week during
l
Avenue of the Americas, continuing east along the
which an eligible worker has performed at least
center line of East Houston Street to the easterly
15 but fewer than 35 hours of labor for compen-
bank of the East River.
sation.
Hours in excess of 35 worked by an eligible
l
worker during a work week cannot be carried
over and counted during any other work week.
Terminal leave preceding the termination of a
l
worker’s employment may not be counted as
time worked by the worker. A work week which
begins in one taxable year and ends in the fol-
lowing taxable year shall be treated as a work
week in the taxable year in which it ends.
4. Taxable Year: The term “taxable year” refers to the
taxpayer’s taxable year for the General Corporation
Tax, the Unincorporated Business Tax, or the Bank-
ing Corporation Tax (whichever is applicable), pro-
vided, however, in the case of a taxpayer subject to
the Utility Tax, “taxable year” refers to the calendar
year.
Page of 5