§ 46. Restaurant return-to-work tax credit. (a) Allowance of credit. A
taxpayer subject to tax under article nine-A or twenty-two of this
chapter shall be allowed a credit against such tax, pursuant to the
provisions referenced in subdivision (f) of this section. The amount of
the credit is equal to the amount determined pursuant to section four
hundred seventy-five of the economic development law. No cost or expense
paid or incurred by the taxpayer which is included as part of the
calculation of this credit shall be the basis of any other tax credit
allowed under this chapter.

(b) Eligibility. To be eligible for the restaurant return-to-work tax
credit, the taxpayer shall have been issued a certificate of tax credit
by the department of economic development pursuant to subdivision two of
section four hundred seventy-four of the economic development law, which
certificate shall set forth the amount of the credit that may be claimed
for the taxable year. The taxpayer shall be allowed to claim only the
amount listed on the certificate of tax credit for that taxable year. A
taxpayer that is a partner in a partnership, member of a limited
liability company or shareholder in a subchapter S corporation that has
received a certificate of tax credit shall be allowed its pro rata share
of the credit earned by the partnership, limited liability company or
subchapter S corporation.

(c) Tax return requirement and advance payment option. (1) The
taxpayer shall be required to attach to its tax return in the form
prescribed by the commissioner, proof of receipt of its certificate of
tax credit issued by the commissioner of the department of economic
development.

(2) Taxpayers who choose to use August thirty-first, two thousand
twenty-one as the last date to calculate their average ending full-time
employment and have received their certificate of tax credit by November
fifteenth, two thousand twenty-one shall have the option to request an
advance payment of the amount of tax credit they are allowed under this
section. A taxpayer must submit such request to the department in the
manner prescribed by the commissioner after it has been issued a
certificate of tax credit by the department of economic development
pursuant to subdivision two of section four hundred seventy-four of the
economic development law (or such certificate has been issued to a
partnership, limited liability company or subchapter S corporation in
which it is a partner, member or shareholder, respectively), but such
request must be submitted no later than November fifteenth, two thousand
twenty-one. For those taxpayers who have requested an advance payment
and for whom the commissioner has determined eligible for this credit,
the commissioner shall advance a payment of the tax credit allowed to
the taxpayer. However, in the case of a taxpayer subject to article
nine-A of this chapter, such payment shall be equal to the amount of
credit allowed to the taxpayer less twenty-five dollars. Such
twenty-five dollars shall represent a partial payment of tax owed by the
taxpayer under article nine-A, including any fixed dollar minimum owed
under paragraph (d) of subdivision one of section two hundred ten of
this chapter. When a taxpayer files its return for the taxable year,
such taxpayer shall properly reconcile the advance payment and any
partial payment of fixed dollar minimum tax, if applicable, on the
taxpayer's return.

(d) Information sharing. Notwithstanding any provision of this
chapter, employees of the department of economic development and the
department shall be allowed and are directed to share and exchange:

(1) information derived from tax returns or reports that is relevant
to a taxpayer's eligibility to participate in the restaurant
return-to-work tax credit program;

(2) information regarding the credit applied for, allowed or claimed
pursuant to this section and taxpayers that are applying for the credit
or that are claiming the credit; and

(3) information contained in or derived from credit claim forms
submitted to the department and applications for admission into the
restaurant return-to-work tax credit program. Except as provided in
paragraph two of this subdivision, all information exchanged between the
department of economic development and the department shall not be
subject to disclosure or inspection under the state's freedom of
information law.

(e) Credit recapture. If a certificate of tax credit issued by the
department of economic development under article twenty-five of the
economic development law is revoked by such department, the amount of
credit described in this section and claimed by the taxpayer prior to
that revocation shall be added back to tax in the taxable year in which
any such revocation becomes final.

(f) Cross references. For application of the credit provided for in
this section, see the following provisions of this chapter:

(1) article 9-A: section 210-B, subdivision 56;

(2) article 22: section 606, subsection (lll).