§ 46-a. Additional 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-a 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 additional restaurant
return-to-work tax credit, the taxpayer shall have been issued a
certificate of additional tax credit by the department of economic
development pursuant to subdivision four 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 additional 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 additional tax credit shall be allowed its pro
rata share of the credit earned by the partnership, limited liability
company or subchapter S corporation. However, the taxpayer must be a
partner, member or shareholder of such partnership, limited liability
company or subchapter S corporation as of April first, two thousand
twenty-two.

(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
additional tax credit issued by the commissioner of the department of
economic development.

(2) Taxpayers 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 additional
tax credit by the department of economic development pursuant to
subdivision four 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 September thirtieth, two thousand twenty-two.
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 are 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 additional 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-a;

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