1456 - Credits.

§  1456.  Credits.  (a)  Credit for servicing certain mortgages. Every  bank, as defined in section two thousand four hundred two of the  public  authorities law, which shall have entered into a contract with the state  of New York mortgage agency to service mortgages acquired by such agency  pursuant  to  the  state  of  New  York  mortgage agency act, shall have  credited to it annually to apply upon or in lieu of the payment  of  any  tax to which it may be subject under this article an amount equal to two  and  ninety-three  one  hundredths  percentum of the total principal and  interest collected by the bank during its  taxable  year  on  each  such  mortgage  secured  by  a lien on real estate improved by a one-family to  four-family residential structure and an amount equal  to  the  interest  collected  by  the  bank  during  its taxable year on each such mortgage  secured by a lien on real property improved by a structure  occupied  as  the  residence  of  five  or  more families living independently of each  other, multiplied by a fraction the denominator of which  shall  be  the  interest  rate payable on the mortgage (computed to five decimal places)  and the numerator of which shall  be  .00125  in  the  case  of  such  a  mortgage  acquired by such agency for less than one million dollars, and  .00100 in the case of such a mortgage acquired by such  agency  for  one  million  dollars or more; provided, however, that there shall in no case  be credited to any such bank an amount in excess of the amount due  from  such  bank  for  taxes  payable  to the state under this article for the  taxable year for which such credit  is  given.  In  computing  such  tax  credit  for  the  servicing  of  mortgages  on one-family to four-family  residential structures, the bank shall be entitled to no credit for  the  collection  of  curtailments  or  payments  in  discharge  of  any  such  mortgage. For the purposes of this section, (a)  a  "curtailment"  shall  mean  amounts  paid  by mortgagors (1) in excess of the monthly constant  due during the month of collection and (2) in reduction  of  the  unpaid  principal  balance  of the mortgage; in the absence of clear evidence to  the contrary, amounts paid in excess of the monthly constant due  during  the month of collection shall be deemed to be in reduction of the unpaid  principal balance of the mortgage; and (b) "monthly constant" shall mean  the  amount of principal and interest which is due and payable according  to the mortgage documents on each periodic payment date.    (b) Eligible business facility credit.    (1) On or  after  April  first,  nineteen  hundred  eighty-three,  for  taxable  years  beginning  before  January first, two thousand, a credit  against the tax imposed by this article  shall  be  allowed  only  to  a  taxpayer  owning  or operating an eligible business facility, where such  taxpayer has received a certificate of eligibility for tax credits, or a  renewal or extension thereof, for such facility from the New York  state  job incentive board prior to April first, nineteen hundred eighty-three,  or  has  received  a  certificate  of  eligibility for tax credits, or a  renewal or extension thereof, for  such  facility  from  the  state  tax  commission  subsequent  to such date pursuant to paragraph eight of this  subsection, and only with respect to such facility, to  be  computed  as  hereinafter provided.    (2)  The  amount  of the credit allowable in any taxable year shall be  the sum determined by multiplying the tax otherwise due by a  percentage  to be determined by:    (A)  ascertaining  the percentage which the total of eligible property  values during the period covered by its return, as defined in  paragraph  four  of  this  subsection,  bears  to  the  average  value  of  all the  taxpayer's real and tangible  personal  property  except  for  inventory  within   the  state  during  such  period.  For  the  purposes  of  this  subparagraph only, the taxpayer's real and  tangible  personal  property  shall  include  not  only  such  property owned by the taxpayer but alsoproperty rented to it, and the value of rented property shall be  deemed  to be eight times the net annual rental rate, that is, the annual rental  rate  paid  by  the taxpayer less any annual rental rate received by the  taxpayer from subrentals;    (B)  ascertaining  the  percentage which the total wages, salaries and  other personal service compensation during such  period,  of  employees,  except  general executive officers and that portion of employee's wages,  salaries and other personal service compensation attributable,  directly  or  indirectly,  to the production of adjusted eligible net income which  is allowed as a deduction  from  entire  net  income  as  set  forth  in  subsection  (f) of section fourteen hundred fifty-three of this article,  serving in jobs created or retained in an eligible  area  (as  the  term  "eligible  area"  was  defined  by  section  one  hundred fifteen of the  commerce law as it  existed  on  March  thirty-first,  nineteen  hundred  eighty-three)  by  such  business  facility,  bears  to the total wages,  salaries and other personal service compensation, during such period, of  all the taxpayer's employees within the state, except general  executive  officers; and    (C)  adding  together  the  percentages so determined and dividing the  result by two; provided, however, that if no wages,  salaries  or  other  personal  service  compensation  were  paid  or incurred by the taxpayer  during such period to employees within  the  state  other  than  general  executive   officers,  subparagraph  (B)  of  this  paragraph  shall  be  disregarded and the amount of credit allowable shall  be  determined  by  multiplying  the  tax  otherwise  due  by  the  percentage  specified in  subparagraph (A) of this paragraph.    (3) In no event shall the credit herein provided for be allowed in any  amount which will reduce the tax payable to less than the dollar  amount  fixed  as  a  minimum  tax by subsection (b) of section fourteen hundred  fifty-five.    (4) (A) Eligible property values, for the purposes of this subsection,  shall include such part of the value of depreciable  real  and  tangible  personal   property   included  in  an  eligible  business  facility  as  represents:    (i)  expenditures  paid  or  incurred  by  the  taxpayer  for  capital  improvements consisting of the construction, reconstruction, erection or  improvement  of  real  property  included in an eligible facility, which  construction, reconstruction, erection or improvements were commenced on  or after July first, nineteen hundred sixty-eight;    (ii) in the case of real property leased by the taxpayer from  another  party,   eight   times  the  portion  of  the  net  annual  rental  rate  attributable  to  such   construction,   reconstruction,   erection   or  improvement   commenced   on  or  after  July  first,  nineteen  hundred  sixty-eight;    (iii) expenditures paid or incurred by the taxpayer for  the  purchase  of  tangible  personal  property,  other  than  vehicles, included in an  eligible business facility, provided such property was purchased  on  or  after July first, nineteen hundred sixty-eight; and    (iv)  in  the case of tangible personal property, other than vehicles,  leased by the taxpayer from another party and included  in  an  eligible  business  facility, eight times the net annual rental rate, provided the  period for which such property was leased by the taxpayer  began  on  or  after July first, nineteen hundred sixty-eight.    (B)  Provided,  however, eligible property values for purposes of this  subdivision shall not include expenditures paid or  incurred  more  than  one  year  prior  to  the  filing of an application for a certificate of  eligibility pursuant to section one hundred  nineteen  of  the  commercelaw,  as  such  section  existed on March thirty-first, nineteen hundred  eighty-three.    (C)  Provided  further that, for purposes of this subsection, eligible  property values shall not include that portion of the value of  property  which is used in the production of adjusted eligible net income which is  allowed as a deduction from entire net income as set forth in subsection  (f) of section fourteen hundred fifty-three of this article.    (5)  The  total  of all credits allowed pursuant to this subsection in  any taxable year or  years  with  reference  to  any  eligible  business  facility shall not exceed the total eligible property values included.    (6)  If a credit is allowed for any taxable year as herein provided on  the basis of a certificate of eligibility, and if  such  certificate  is  revoked  or  modified,  the  taxpayer  shall  report  such revocation or  modification in its return for the taxable year during which it  occurs,  and  the  tax  commission shall recompute such credit and may assess any  additional tax resulting from such recomputation within the  time  fixed  by  paragraph nine of subsection (c) of section ten hundred eighty-three  of this chapter.    (7) If a business facility owned or operated by a taxpayer shall be an  eligible business facility for only part of a taxable year,  the  credit  allowed  by  this  subdivision shall be prorated according to the period  such facility was an eligible business facility, and if the total of the  eligible property values shall have changed during any taxable  year,  a  pro-rata adjustment shall be made in computing such credit.    (8)  The  state  tax  commission shall be empowered, on or after April  first,  nineteen  hundred  eighty-three,  to  issue  a  certificate   of  eligibility  for  tax  credits  to  a  taxpayer for an eligible business  facility with regard to which such taxpayer has, prior  to  July  first,  nineteen  hundred  eighty-three,  received  from  the New York state job  incentive board initial approval of an application for such  certificate  by such board as evidenced by the minutes of the meeting of the board at  which such application was approved, or a letter of intent authorized by  section  102.4 of part one hundred two of title five of the codes, rules  and regulations of the state of New York regarding such  certificate  of  eligibility  and  to  renew,  extend,  revoke or modify a certificate of  eligibility for tax credits, pursuant to section one hundred  twenty  of  the commerce law as such section existed on March thirty-first, nineteen  hundred eighty-three.    (9)  For  purposes  of  the requirement for eligibility for the credit  allowed under this subdivision that a business facility create or retain  not less than five jobs as provided in subdivision (c)  of  section  one  hundred  eighteen  of  the commerce law as such section existed on March  thirty-first, nineteen hundred eighty-three, a business  facility  shall  have  (i) created not less than five jobs only if the number of jobs for  the taxable year  exceeds  the  number  of  jobs  at  the  time  of  the  commencement  of  the  project  as stated on its application for initial  approval by five or more; or (ii) retained not less than five jobs  only  if  initial approval was based on the retention of five or more jobs and  (A) the number of jobs for the taxable year is at  least  equal  to  the  number  of jobs at the time of the commencement of the project as stated  on its application for initial approval or (B)  where  initial  approval  was  based on the retention of fewer jobs than the number of jobs at the  time of the commencement of the project as stated on its application for  initial approval, the number of jobs for the taxable year  is  at  least  equal  to  the  number  approved  for  retention.  For  purposes of this  paragraph, the phrase "initial approval was based on  the  retention  of  five  or  more  jobs" shall mean that such initial approval was given by  the job incentive board to an applicant  that  had  not  stated  in  itsapplication  for  initial  approval that it would increase the number of  jobs at its facility by at least five.    (c)  Mortgage  recording tax credit. (1) A taxpayer shall be allowed a  credit, to be credited against the tax  imposed  by  this  article.  The  amount  of  the  credit  shall  be  the amount of the special additional  mortgage recording tax paid by the taxpayer pursuant to  the  provisions  of  subdivision one-a of section two hundred fifty-three of this chapter  on mortgages recorded on  and  after  January  first,  nineteen  hundred  seventy-nine. Provided, however, no credit shall be allowed with respect  to a mortgage of real property principally improved or to be improved by  one  or  more  structures  containing in the aggregate not more than six  residential dwelling units, each dwelling unit having its  own  separate  cooking facilities, where the real property is located in one or more of  the   counties   comprising  the  metropolitan  commuter  transportation  district and where the mortgage is  recorded  on  or  after  May  first,  nineteen  hundred  eighty-seven.  Provided,  however, no credit shall be  allowed with respect to a mortgage of real property principally improved  or to be improved by one or more structures containing in the  aggregate  not  more than six residential dwelling units, each dwelling unit having  its own separate cooking facilities, where the real property is  located  in the county of Erie and where the mortgage is recorded on or after May  first, nineteen hundred eighty-seven.    (2)  In  no event shall the credit herein provided for, and carryovers  of such credit, in the aggregate, be allowed in  an  amount  which  will  reduce the tax payable to less than the dollar amount fixed as a minimum  tax  by  subsection (b) of section fourteen hundred fifty-five. However,  if the amount of credit or carryovers of such credit, or both, allowable  under this subdivision for any taxable year  reduces  the  tax  to  such  amount,  any  amount  of  credit  or  carryovers of such credit thus not  deductible in such taxable year may be carried  over  to  the  following  year  or years and may be deducted from the taxpayer's tax for such year  or years.    (d) Empire zone capital credit.    (1) A taxpayer shall be allowed a credit against the  tax  imposed  by  this  article.  The  amount  of the credit shall be equal to twenty-five  percent of the sum of the following investments and  contributions  made  during  the  taxable  year and certified by the commissioner of economic  development: (A) for taxable years beginning before January  first,  two  thousand  five,  qualified  investments made in, or contributions in the  form of donations made to, one or more empire zone capital  corporations  established  pursuant  to section nine hundred sixty-four of the general  municipal law prior to January first, two thousand five,  (B)  qualified  investments  in  certified zone businesses which during the twelve month  period immediately preceding the month in which such investment is  made  employed  full-time  within  the state an average number of individuals,  excluding general executive officers, of two  hundred  fifty  or  fewer,  computed pursuant to the provisions of subparagraph (C) of paragraph two  of  subsection (e) of this section, except for investments made by or on  behalf of an owner of the business, including, but  not  limited  to,  a  stockholder,  partner  or  sole  proprietor,  or  any related person, as  defined in subparagraph (C) of paragraph  three  of  subsection  (b)  of  section  four  hundred  sixty-five of the internal revenue code, and (C)  contributions of money to community development projects as  defined  in  regulations  promulgated  by  the  commissioner of economic development.  "Qualified  investments"  means  the  contribution  of  property  to   a  corporation  in  exchange  for  original  issue  capital  stock or other  ownership interest, the contribution of property  to  a  partnership  in  exchange  for  an interest in the partnership, and similar contributionsin the case of a business entity not in corporate or partnership form in  exchange for an ownership interest in such entity. The total  amount  of  credit allowable to a taxpayer under this provision for all years, taken  in  the  aggregate, shall not exceed three hundred thousand dollars, and  shall not exceed one  hundred  thousand  dollars  with  respect  to  the  investments  and  contributions  described in each of subparagraphs (A),  (B) and (C) of this paragraph.    (2) The credit  and  carryover  of  such  credit  allowed  under  this  subsection  for any taxable year shall not, in the aggregate, reduce the  tax due for such year to less than the minimum tax fixed  by  subsection  (b)  of section fourteen hundred fifty-five of this article. However, if  the amount of credit or carryovers of  such  credit,  or  both,  allowed  under  this  subsection  for  any  taxable  year reduces the tax to such  amount, or if any part of the credit or carryovers of  such  credit  may  not  be  deducted  from  the  tax  otherwise  due by reason of the final  sentence of this paragraph, any amount of credit or carryovers  of  such  credit  thus  not deductible in such taxable year may be carried over to  the following year or years and may be deducted from the  tax  for  such  year or years. In addition, the amount of such credit, and carryovers of  such credit to the taxable year, deducted from the tax otherwise due may  not,  in  the  aggregate,  exceed fifty percent of the tax imposed under  section fourteen hundred  fifty-five  computed  without  regard  to  any  credit provided for under this article.    (2-a)  Any carry over of a credit from prior taxable years will not be  allowed to an empire zone enterprise which is the basis of  the  credit,  if  an  empire  zone  retention certificate is not issued to such entity  pursuant to subdivision (w) of section nine hundred  fifty-nine  of  the  general municipal law.    (3)  Where the stock, partnership interest or other ownership interest  arising from a qualified investment as described  in  subparagraphs  (A)  and  (B)  of  paragraph  one  of  this  subsection  is  disposed of, the  taxpayer's entire net income shall be computed, pursuant to  regulations  promulgated  by  the commissioner, so as to properly reflect the reduced  cost thereof arising from the application of  the  credit  provided  for  herein.    (4)(A)  Where  a  taxpayer  sells,  transfers or otherwise disposes of  corporate stock, a partnership  interest  or  other  ownership  interest  arising  from  the making of a qualified investment which was the basis,  in whole or in part, for the allowance of the credit provided for  under  this  subsection,  or  where  a contribution or investment which was the  basis for such allowance  is  in  any  manner,  in  whole  or  in  part,  recovered  by  such  taxpayer,  and  such disposition or recovery occurs  during the taxable year or within thirty-six months from  the  close  of  the  taxable  year  with  respect  to  which  such  credit  is  allowed,  subparagraph (B) of this paragraph shall apply.    (B) The taxpayer shall add back with respect to the  taxable  year  in  which the disposition or recovery described in subparagraph (A) occurred  the required portion of the credit originally allowed.    (C) The required portion of the credit originally allowed shall be the  product  of  (i) the portion of such credit attributable to the property  disposed of or the  payment  or  contribution  recovered  and  (ii)  the  applicable percentage.    (D) The applicable percentage shall be:    (i)  one hundred percent, if the disposition or recovery occurs within  the taxable year with respect to which the credit is allowed  or  within  twelve months of the end of such taxable year,(ii)  sixty-seven  percent, if the disposition or recovery occurs more  than twelve but not more than twenty-four months after the  end  of  the  taxable year with respect to which the credit is allowed, or    (iii) thirty-three percent, if the disposition or recovery occurs more  than  twenty-four  but  not more than thirty-six months after the end of  the taxable year with respect to which the credit is allowed.    (5) If the designation of an area as an empire zone is  no  longer  in  effect  because the designations of all empire zones pursuant to article  eighteen-B of the general municipal law have expired,  a  taxpayer  that  has  made  a  contribution  of  money  on  or before the day immediately  preceding the day the empire zones expired to  a  community  development  project  approved  by  the commissioner of economic development shall be  deemed  eligible  to  claim  the  empire  zone  capital   credit   under  subparagraph  (C)  of  paragraph  one  of this subsection for additional  contributions made prior to  April  first,  two  thousand  fourteen  and  certified  by the commissioner of economic development to that community  development project as payment of a commitment made by the  taxpayer  to  that community development project before the empire zones expired.    (e)  Empire  zone  wage  tax credit. (1) A taxpayer shall be allowed a  credit, to be computed as hereinafter provided, against the tax  imposed  by  this  article  where  the  taxpayer  has  been certified pursuant to  article eighteen-B of the general municipal  law.  The  amount  of  such  credit shall be as prescribed in paragraph four hereof.    (2)  For  purposes  of this subsection, the following terms shall have  the following meanings: (A) "Empire zone wages" means wages paid by  the  taxpayer  for  full-time  employment,  other  than  to general executive  officers, during the taxable year in an area  designated  or  previously  designated as an empire zone or zone equivalent area pursuant to article  eighteen-B  of  the  general municipal law where such employment is in a  job created in the area (i) during the period of its designation  as  an  empire   zone,  (ii)  within  four  years  of  the  expiration  of  such  designation, or (iii) during the ten year period  immediately  following  the  date  of  designation as a zone equivalent area, provided, however,  that if the taxpayer's certification under  article  eighteen-B  of  the  general  municipal law is revoked with respect to an empire zone or zone  equivalent area, any wages  paid  by  the  taxpayer,  on  or  after  the  effective  date  of  such  decertification,  for employment in such zone  shall not constitute empire zone wages.    (B) "Targeted employee" means a New York resident who receives  empire  zone wages and who is (i) an eligible individual under the provisions of  the  targeted jobs tax credit (section fifty-one of the internal revenue  code), (ii) eligible for benefits under the provisions of the  workforce  investment  act  as  a  dislocated worker or low-income individual (P.L.  105-220, as amended), (iii) a recipient of public  assistance  benefits,  (iv)  an  individual whose income is below the most recently established  poverty rate promulgated by the United States department of commerce, or  a member of a family whose family income  is  below  the  most  recently  established  poverty  rate promulgated by the appropriate federal agency  or (v) an honorably discharged member of any branch of the armed  forces  of the United States.    An  individual  who  satisfies  the  criteria set forth in clause (i),  (ii), (iv) or (v) at the time of initial  employment  in  the  job  with  respect  to  which the credit is claimed, or who satisfies the criterion  set forth in clause (iii) at  such  time  or  at  any  time  within  the  previous  two  years,  shall  be  a  targeted  employee  so long as such  individual continues to receive empire zone wages.    (C)  "Average  number  of  individuals,  excluding  general  executive  officers,  employed  full-time"  shall  be  computed by ascertaining thenumber of such individuals employed by the taxpayer on the  thirty-first  day  of March, the thirtieth day of June, the thirtieth day of September  and the thirty-first day of December during each taxable year  or  other  applicable  period,  by  adding  together the number of such individuals  ascertained on each of such dates and dividing the sum  so  obtained  by  the  number  of  such  dates occurring within such taxable year or other  applicable period.    (3) The credit provided for herein shall be  allowed  only  where  the  average  number  of  individuals,  excluding general executive officers,  employed full-time by the taxpayer in (i) the state and (ii) the  empire  zone  or area previously constituting such zone or zone equivalent area,  during the taxable year exceeds the average number of  such  individuals  employed  full-time  by the taxpayer in (i) the state and (ii) such zone  or area subsequently or previously constituting such zone or  such  zone  equivalent   area,  respectively,  during  the  four  years  immediately  preceding the first taxable year in which the  credit  is  claimed  with  respect  to  such  zone  or  area. Where the taxpayer provided full-time  employment within (i) the state or (ii) such zone or area during only  a  portion  of  such  four-year period, then for purposes of this paragraph  the term "four years" shall be deemed to refer instead to such  portion,  if any.    The  credit  shall  be  allowed only with respect to the first taxable  year during which payments  of  empire  zone  wages  are  made  and  the  conditions  set  forth in this paragraph are satisfied, and with respect  to each of the four taxable years next following (but only, with respect  to each of such years, if such conditions are satisfied), in  accordance  with paragraph four of this subsection. Subsequent certifications of the  taxpayer pursuant to article eighteen-B of the general municipal law, at  the  same  or  a  different  location  in  the  same empire zone or zone  equivalent area or at a location in a  different  empire  zone  or  zone  equivalent  area, shall not extend the five taxable year time limitation  on the allowance of the credit set  forth  in  the  preceding  sentence.  Provided, further, however, that no credit shall be allowed with respect  to any taxable year beginning more than four years following the taxable  year  in  which  designation  as an empire zone expired or more than ten  years after the designation as a zone equivalent area.    (4) The amount of the credit shall  equal  the  sum  of  (i)  (A)  the  product  of three thousand dollars and the average number of individuals  (excluding  general  executive  officers)  employed  full-time  by   the  taxpayer,  computed  pursuant  to  the provisions of subparagraph (C) of  paragraph two of this subsection, who (i) received empire zone wages for  more than half of the taxable year, (ii) received, with respect to  more  than half of the period of employment by the taxpayer during the taxable  year,  an hourly wage which was at least one hundred thirty-five percent  of the minimum wage specified in section six hundred  fifty-two  of  the  labor law, and    (iii) are targeted employees; and    (B)  the  product of fifteen hundred dollars and the average number of  individuals  (excluding  general  executive  officers  and   individuals  described  in  subparagraph (A) of this paragraph) employed full-time by  the taxpayer, computed pursuant to the provisions of subparagraph (C) of  paragraph two of this subsection, who received  empire  zone  wages  for  more than half of the taxable year.    (C)  For purposes of calculating the amount of the credit, individuals  employed within an empire  zone  or  zone  equivalent  area  within  the  immediately  preceding sixty months by a related person, as such term is  defined in subparagraph (c) of paragraph  three  of  subsection  (b)  of  section  four hundred sixty-five of the internal revenue code, shall notbe  included  in  the  average  number  of  individuals   described   in  subparagraph  (A)  or  subparagraph  (B)  of this paragraph, unless such  related person was never allowed a credit  under  this  subsection  with  respect  to  such  employees.  For  the purposes of this subparagraph, a  "related person" shall include an entity which would have qualified as a  "related  person"  to  the  taxpayer  if  it  had  not  been  dissolved,  liquidated,  merged  with another entity or otherwise ceased to exist or  operate.    (D) If a taxpayer is certified in  an  empire  zone  designated  under  subdivision  (a)  or  (d)  of  section  nine  hundred fifty-eight of the  general municipal law, the dollar amounts specified  under  subparagraph  (A)  or (B) of this paragraph shall be increased by five hundred dollars  for each qualifying individual under  such  subparagraph  who  received,  during the taxable year, wages in excess of forty thousand dollars.    (E)  The  requirement  in this paragraph that an employee must receive  empire zone wages for more than half the taxable year shall not apply in  the first taxable year of a taxpayer satisfying the criteria  set  forth  in  this  subparagraph.  In  such  a case, the credit allowed under this  subsection shall be computed by  utilizing  the  number  of  individuals  (excluding  general  executive  officers)  employed  full  time  by  the  taxpayer on the last day of its first taxable  year.  A  taxpayer  shall  satisfy  the  following  criteria:  (i)  such  taxpayer acquired real or  tangible personal property during its first taxable year from an  entity  which  is  not  a related person (as such term is defined in subdivision  (g) of section fourteen of this chapter); (ii) the first taxable year of  such taxpayer shall be a short taxable  year  of  not  more  than  seven  months  in  duration;  and  (iii)  the  number  of  individuals employed  full-time on the last day of such first taxable year shall be  at  least  one  hundred  ninety and substantially all of such individuals must have  been previously employed by the entity from whom such taxpayer purchased  its assets.    Provided, further, however, that the credit provided for  herein  with  respect  to  the  taxable  year,  and  carryovers  of such credit to the  taxable year, deducted from the tax  otherwise  due,  may  not,  in  the  aggregate,  exceed  fifty  percent  of  the  tax  imposed  under section  fourteen hundred  fifty-five  computed  without  regard  to  any  credit  provided for under this article.    (5)  The  credit  and  carryovers  of  such  credit allowed under this  subsection for any taxable year shall not, in the aggregate, reduce  the  tax  due  for such year to less than the minimum tax fixed by subsection  (b) of section fourteen hundred fifty-five of this article. However,  if  the  amount  of  credit  or  carryovers of such credit, or both, allowed  under this subsection for any taxable  year  reduces  the  tax  to  such  amount,  or  if  any part of the credit or carryovers of such credit may  not be deducted from the tax  otherwise  due  by  reason  of  the  final  sentence in paragraph four hereof, any amount of credit or carryovers of  such credit thus not deductible in such taxable year may be carried over  to  the  following year or years and may be deducted from the taxpayer's  tax for such year or years.    (5-a) Any carry over of a credit from prior taxable years will not  be  allowed  if  an empire zone retention certificate is not issued pursuant  to subdivision (w) of section nine hundred  fifty-nine  of  the  general  municipal  law  to  the empire zone enterprise which is the basis of the  credit.    (f) Credit for employment of persons with disabilities. (1)  Allowance  of  credit.  A  taxpayer  shall  be  allowed a credit, to be computed as  hereinafter provided, against the  tax  imposed  by  this  article,  for  employing within the state a qualified employee.(2) Qualified employee. A qualified employee is an individual:    (A) who is certified by the education department, or in the case of an  individual  who  is  blind  or visually handicapped, by the state agency  responsible for provision of vocational rehabilitation services  to  the  blind  and visually handicapped: (i) as a person with a disability which  constitutes or results in a substantial handicap to employment and  (ii)  as  having  completed  or  as receiving services under an individualized  written rehabilitation plan approved  by  the  education  department  or  other  state  agency responsible for providing vocational rehabilitation  services to such individual; and    (B) who has worked on a  full-time  basis  for  the  employer  who  is  claiming the credit for at least one hundred eighty days or four hundred  hours.    (3)  Amount  of  credit.  Except as provided in paragraph four of this  subsection, the amount of credit shall be  thirty-five  percent  of  the  first  six thousand dollars in qualified first-year wages earned by each  qualified employee. "Qualified first-year wages"  means  wages  paid  or  incurred  by the taxpayer during the taxable year to qualified employees  which are attributable, with respect to any such employee,  to  services  rendered  during the one-year period beginning with the day the employee  begins work for the taxpayer.    (4) Credit where federal work opportunity  tax  credit  applies.  With  respect to any qualified employee whose qualified first-year wages under  paragraph  three of this subsection also constitute qualified first-year  wages for purposes of the work opportunity  tax  credit  for  vocational  rehabilitation referrals under section fifty-one of the internal revenue  code,  the  amount  of credit under this subsection shall be thirty-five  percent of the first six thousand dollars in qualified second-year wages  earned by each such employee. "Qualified second-year wages" means  wages  paid  or  incurred  by the taxpayer during the taxable year to qualified  employees which are attributable, with respect to any such employees, to  services rendered during the one-year period beginning  one  year  after  the employee begins work for the taxpayer.    (5)  Carryover. The credit and carryovers of such credit allowed under  this subsection for any taxable year shall not, in the aggregate, reduce  the tax due for such  year  to  less  than  the  minimum  tax  fixed  by  subsection  (b)  of section fourteen hundred fifty-five of this article.  However, if the amount of credit or carryovers of such credit, or  both,  allowed  under  this subdivision for any taxable year reduces the tax to  such amount, then any amount of credit or carryovers of such credit thus  not deductible in such taxable year may be carried over to the following  year or years and may be deducted from the taxpayer's tax for such  year  or years.    (6)  Coordination  with  federal  work  opportunity  tax  credit.  The  provisions of sections fifty-one and fifty-two of the  internal  revenue  code,  as  such  sections  applied  on  October  first, nineteen hundred  ninety-six, that apply to the work opportunity tax credit for vocational  rehabilitation referrals shall apply to the credit under this subsection  to the extent that  such  sections  are  consistent  with  the  specific  provisions  of this subsection, provided that in the event of a conflict  the provisions of this subsection shall control.    (g) Order of credits.  Credits  allowable  under  this  article  which  cannot  be  carried  over and which are not refundable shall be deducted  first.  Credits allowable under this article which can be carried  over,  and  carryovers  of such credits, shall be deducted next, and among such  credits, those whose carryover is of limited duration shall be  deducted  before  those  whose  carryover  is  of  unlimited  duration;  provided,  however, that the credit allowable under subsection (e) of this  sectionshall be deducted prior to all other credits described in this sentence.  Credits  allowable  under  this  article  which  are refundable shall be  deducted last.    (h)   Credits   for  New  York  S  corporations.  Notwithstanding  the  provisions of this section, no carryover of credit allowable  in  a  New  York  C  year  shall  be  deducted from the tax otherwise due under this  article in a New York S year, and no credit allowable in a  New  York  S  year,  or  carryover  of  such  credit,  shall  be deducted from the tax  imposed by this article.  However, a New York S year shall be treated as  a taxable year for purposes of determining the number of  taxable  years  to   which   a   credit   may   be  carried  over  under  this  section.  Notwithstanding the first sentence  of  this  subsection,  however,  the  credit  for  the  special  additional  mortgage  recording  tax shall be  allowed as provided in subsection (c) of this section, and the carryover  of any such credit shall be determined without  regard  to  whether  the  credit  is  carried  from  a  New  York  C  year to a New York S year or  vice-versa.    (i) Investment tax credit (ITC). (1) A taxpayer  shall  be  allowed  a  credit,  to be computed as hereinafter provided, against the tax imposed  by this article. Provided, however, a taxpayer shall not be allowed such  credit provided by this paragraph unless (i) eighty percent or  more  of  the  employees  performing  the  administrative  and  support  functions  resulting from or related to the qualifying uses of such  equipment  are  located  in  this  state,  or  (ii) the average number of employees that  perform the administrative  and  support  functions  resulting  from  or  related to the qualifying uses of such equipment and are located in this  state  during  the taxable year for which the credit is claimed is equal  to or  greater  than  ninety-five  percent  of  the  average  number  of  employees  that  perform  these  functions and are located in this state  during the thirty-six months immediately preceding the  year  for  which  the  credit is claimed, or (iii) the number of employees located in this  state during the taxable year for which the credit is claimed  is  equal  to  or greater than ninety percent of the number of employees located in  this state on December thirty-first, nineteen hundred  ninety-eight  or,  if  the  taxpayer  was  not a calendar year taxpayer in nineteen hundred  ninety-eight, the last day  of  its  first  taxable  year  ending  after  December  thirty-first,  nineteen  hundred ninety-eight. If the taxpayer  becomes subject to tax in this state after the taxable year beginning in  nineteen hundred ninety-eight, then the  taxpayer  is  not  required  to  satisfy  the  employment test provided in the preceding sentence of this  subparagraph  for  its  first  taxable  year.  For   the   purposes   of  subparagraph  (iii)  of this paragraph the employment test will be based  on the number of employees located in this state on the last day of  the  first  taxable year the taxpayer is subject to tax in this state. If the  uses of the  property  must  be  aggregated  to  determine  whether  the  property  is  principally  used  in  qualifying  uses,  then either each  affiliate using the property must satisfy this employment test  or  this  employment  test  must  be  satisfied  through  the  aggregation  of the  employees of the taxpayer, its affiliated regulated broker, dealer,  and  registered  investment  adviser  using  the  property. The amount of the  credit shall be the percent provided for herein below of the  investment  credit  base.  The investment credit base is the cost or other basis for  federal income tax purposes of  tangible  personal  property  and  other  tangible  property,  including  buildings  and  structural components of  buildings, described in paragraph  two  of  this  subsection,  less  the  amount  of  the  nonqualified nonrecourse financing with respect to such  property to the extent such  financing  would  be  excludible  from  the  credit  base  pursuant  to section 46(c)(8) of the Internal Revenue Code(treating such property as section thirty-eight property irrespective of  whether or not it in fact constitutes  section  thirty-eight  property).  If,  at  the close of a taxable year following the taxable year in which  such  property  was  placed  in  service, there is a net decrease in the  amount of  nonqualified  nonrecourse  financing  with  respect  to  such  property,  such  net decrease shall be treated as if it were the cost or  other basis of property described in paragraph two  of  this  subsection  acquired,  constructed,  reconstructed or erected during the year of the  decrease in the amount of nonqualified  nonrecourse  financing.  In  the  case of a combined report the term investment credit base shall mean the  sum  of  the investment credit base of each corporation included on such  report. The percentage to be used to compute the credit allowed pursuant  to this subsection shall be       For taxable years beginning after       1997  ..................................  five  percent   with       respect  to  the  first three hundred fifty million dollars of       the investment credit base, and four percent with  respect  to       the  investment  credit  base in excess of three hundred fifty       million dollars.    (2) A credit shall be allowed under this subsection  with  respect  to  tangible  personal  property  and  other  tangible  property,  including  buildings and structural components of buildings, which are: depreciable  pursuant to section one hundred  sixty-seven  of  the  Internal  Revenue  Code, have a useful life of four years or more, are acquired by purchase  as  defined  in  section  one  hundred  seventy-nine (d) of the Internal  Revenue Code, have a situs in this state and are (A) principally used in  the ordinary course of the taxpayer's trade or business as a  broker  or  dealer  in connection with the purchase or sale (which shall include but  not be limited to  the  issuance,  entering  into,  assumption,  offset,  assignment,   termination,  or  transfer)  of  stocks,  bonds  or  other  securities as defined in section four hundred seventy-five  (c)  (2)  of  the  Internal Revenue Code, or of commodities as defined in section four  hundred  seventy-five  (e)  of  the  Internal  Revenue  Code,   or   (B)  principally  used  in  the  ordinary  course  of the taxpayer's trade or  business of providing  investment  advisory  services  for  a  regulated  investment  company as defined in section eight hundred fifty-one of the  Internal Revenue Code, or lending, loan arrangement or loan  origination  services  to  customers  in  connection with the purchase or sale (which  shall include but  not  be  limited  to  the  issuance,  entering  into,  assumption,  offset, assignment, termination, or transfer) of securities  as defined in section four hundred seventy-five (c) (2) of the  Internal  Revenue  Code.  For  purposes  of  subparagraphs  (A)  and  (B)  of this  paragraph, property purchased by a taxpayer affiliated with a  regulated  broker,  dealer,  or  registered  investment adviser is allowed a credit  under this  subsection  if  the  property  is  used  by  its  affiliated  regulated broker, dealer, or registered investment adviser in accordance  with  this  subsection.  For  purposes of determining if the property is  principally used in qualifying uses, the uses by the taxpayer  described  in  subparagraphs  (A)  and  (B) of this paragraph may be aggregated. In  addition, the uses by the taxpayer,  its  affiliated  regulated  broker,  dealer  and  registered  investment adviser under either or both of such  subparagraphs may be aggregated.    (3) A taxpayer shall not be allowed a  credit  under  this  subsection  with  respect  to  any  property  described  in  paragraph  two  of this  subsection if such property qualifies for the  deduction  allowed  under  subsection  (k) of section one thousand four hundred fifty-three of this  article whether or not such amount shall have been deducted.(4) A taxpayer shall not be allowed a  credit  under  this  subsection  with  respect to tangible personal property and other tangible property,  including buildings and structural components  of  buildings,  which  it  leases to any other person or corporation except where a taxpayer leases  property  to  an  affiliated  broker,  dealer,  or registered investment  adviser that uses such property in accordance with subparagraph  (A)  or  (B)  of  paragraph two of this subsection. For purposes of the preceding  sentence, any contract or agreement to lease or rent or for a license to  use such property shall be considered a lease.    (5) Except as otherwise provided in this paragraph, the credit allowed  under this subsection for any taxable year shall not reduce the tax  due  for  such  year to less than the dollar amount fixed as a minimum tax by  subsection (b) of section one thousand four hundred fifty-five  of  this  article.   However,  if  the  amount  of  credit  allowable  under  this  subsection for any taxable year reduces the  tax  to  such  amount,  any  amount  of  credit allowed for a taxable year may be carried over to the  fifteen taxable years next  following  such  taxable  year  and  may  be  deducted from the taxpayer's tax for such year or years. In lieu of such  carryover,  any  such  taxpayer  which qualifies as a new business under  paragraph eight of this subsection may elect to treat the amount of such  carryover as an overpayment  of  tax  to  be  credited  or  refunded  in  accordance  with  the  provisions  of section one thousand eighty-six of  this chapter, provided, however, the provisions  of  subsection  (c)  of  section  one  thousand  eighty-eight  of this chapter notwithstanding no  interest shall be paid thereon.    (6) At the option of the taxpayer an eligible  business  facility  for  which  a  credit  is allowed under subsection (b) of this section may be  treated as property (A) principally used in the ordinary course  of  the  taxpayer's  trade  or  business as a broker or dealer in connection with  the purchase or sale (which shall include but  not  be  limited  to  the  issuance, entering into, assumption, offset, assignment, termination, or  transfer)  of  stocks,  bonds  or other securities as defined in section  four hundred seventy-five (c) (2) of the Internal Revenue  Code,  or  of  commodities  as  defined in section four hundred seventy-five (e) of the  Internal Revenue Code, or (B) principally used in the ordinary course of  the taxpayer's  trade  or  business  of  providing  investment  advisory  services  for a regulated investment company as defined in section eight  hundred fifty-one  of  the  Internal  Revenue  Code,  or  lending,  loan  arrangement or loan origination services to customers in connection with  the  purchase  or  sale  (which  shall include but not be limited to the  issuance, entering into, assumption, offset, assignment, termination, or  transfer) of securities as defined in section four hundred  seventy-five  (c)  (2)  of  the  Internal Revenue Code provided the property otherwise  qualifies under paragraph two of  this  subsection,  in  which  event  a  credit shall not be allowed under subsection (b) of this section.    (7)(A)  With  respect  to  property  which  is depreciable pursuant to  section one hundred sixty-seven of the Internal Revenue Code but is  not  subject  to  the  provisions  of section one hundred sixty-eight of such  code and which is disposed of or ceases to be in qualified use prior  to  the  end  of  the  taxable  year in which the credit is to be taken, the  amount of the credit shall be that portion of the credit provided for in  this subsection which represents the ratio which the months of qualified  use bear to the months of useful life. If property on which  credit  has  been  taken is disposed of or ceases to be in qualified use prior to the  end of its useful life, the difference between the credit taken and  the  credit  allowed  for  actual  use  must  be  added  back  in the year of  disposition. Provided, however, if  such  property  is  disposed  of  or  ceases  to  be  in  qualified use after it has been in qualified use formore than twelve consecutive years, it shall not  be  necessary  to  add  back  the  credit as provided in this subparagraph. The amount of credit  allowed for actual use shall be determined by multiplying  the  original  credit by the ratio which the months of qualified use bear to the months  of  useful  life.  For  purposes  of  this  subparagraph, useful life of  property shall be  the  same  as  the  taxpayer  uses  for  depreciation  purposes when computing his federal income tax liability.    (B)  Except with respect to that property to which subparagraph (D) of  this paragraph applies, with respect to three-year property, as  defined  in  subsection  (e)  of  section one hundred sixty-eight of the Internal  Revenue Code, which is disposed of or ceases  to  be  in  qualified  use  prior to the end of the taxable year in which the credit is to be taken,  the  amount  of  the credit shall be that portion of the credit provided  for in this subsection which represents the ratio which  the  months  of  qualified  use  bear to thirty-six. If property on which credit has been  taken is disposed of or ceases to be in qualified use prior to  the  end  of  thirty-six  months,  the difference between the credit taken and the  credit allowed for actual  use  must  be  added  back  in  the  year  of  disposition.  The  amount  of  credit  allowed  for  actual use shall be  determined by multiplying the original credit by  the  ratio  which  the  months of qualified use bear to thirty-six.    (C)  Except with respect to that property to which subparagraph (D) of  this  paragraph  applies,  with  respect  to  property  subject  to  the  provisions  of  section  one hundred sixty-eight of the Internal Revenue  Code, other than three-year property as defined  in  subsection  (e)  of  such  section  one hundred sixty-eight which is disposed of or ceases to  be in qualified use prior to the end of the taxable year  in  which  the  credit is to be taken, the amount of the credit shall be that portion of  the  credit  provided  for in this subsection which represents the ratio  which the months of qualified use bear to sixty. If  property  on  which  credit  has  been  taken is disposed of or ceases to be in qualified use  prior to the end of sixty months,  the  difference  between  the  credit  taken  and  the  credit allowed for actual use must be added back in the  year of disposition. The amount of credit allowed for actual  use  shall  be  determined by multiplying the original credit by the ratio which the  months of qualified use bear to sixty.    (D) With  respect  to  any  property  to  which  section  one  hundred  sixty-eight of the Internal Revenue Code applies, which is a building or  a  structural component of a building and which is disposed of or ceases  to be in a qualified use prior to the end of the taxable year  in  which  the  credit  is  to  be  taken,  the  amount of the credit shall be that  portion of the credit provided for in this subsection  which  represents  the  ratio which the months of qualified use bear to the total number of  months over which the taxpayer chooses to deduct the property under  the  Internal  Revenue  Code.  If  property on which credit has been taken is  disposed of or ceases to be in qualified use prior to  the  end  of  the  period  over which the taxpayer chooses to deduct the property under the  Internal Revenue Code, the difference between the credit taken  and  the  credit  allowed  for  actual  use  must  be  added  back  in the year of  disposition. Provided, however, if  such  property  is  disposed  of  or  ceases  to  be  in  qualified use after it has been in qualified use for  more than twelve consecutive years, it shall not  be  necessary  to  add  back  the  credit as provided in this subparagraph. The amount of credit  allowed for actual use shall be determined by multiplying  the  original  credit  by the ratio which the months of qualified use bear to the total  number of months over which the taxpayer chooses to deduct the  property  under the Internal Revenue Code.(E)  For  taxable years commencing on or after January first, nineteen  hundred ninety-eight the amount required to be added  back  pursuant  to  this  paragraph  shall be augmented by an amount equal to the product of  such amount and the underpayment rate of  interest  (without  regard  to  compounding),  set  by  the  commissioner  pursuant to subsection (e) of  section one thousand ninety-six of this chapter, in effect on  the  last  day of the taxable year.    (F)  If,  as of the close of the taxable year, there is a net increase  with respect to the taxpayer in the amount of  nonqualified  nonrecourse  financing  (within  the  meaning  of  section  46(c)(8)  of the Internal  Revenue Code) with respect to any property with  respect  to  which  the  credit   under   this  subsection  was  limited  based  on  attributable  nonqualified nonrecourse financing, then an amount equal to the decrease  in such credit which would have resulted from reducing, by the amount of  such net increase, the cost or  other  basis  taken  into  account  with  respect  to  such  property must be added back in such taxable year. The  amount of nonqualified nonrecourse financing shall  not  be  treated  as  increased  by  reason  of  a  transfer of (or agreement to transfer) any  evidence of an indebtedness if such transfer occurs (or  such  agreement  is entered into) more than one year after the date such indebtedness was  incurred.    (8)  For purposes of paragraph five of this subsection, a new business  shall include any corporation, except a corporation which:    (A) over fifty percent of the number of shares of stock entitling  the  holders  thereof  to  vote  for the election of directors or trustees is  owned or controlled,  either  directly  or  indirectly,  by  a  taxpayer  subject to tax under this article; section one hundred eighty-three, one  hundred  eighty-four,  one hundred eighty-five or one hundred eighty-six  of article nine; article nine-A or article thirty-three of this chapter;  or    (B) is substantially similar  in  operation  and  in  ownership  to  a  business entity (or entities) taxable, or previously taxable, under this  article;  section one hundred eighty-three, one hundred eighty-four, one  hundred eighty-five or one hundred eighty-six of article  nine;  article  nine-A  or article thirty-three of this chapter; article twenty-three of  this chapter or which would have been subject to tax under such  article  twenty-three  (as  such article was in effect on January first, nineteen  hundred eighty)  or  the  income  (or  losses)  of  which  is  (or  was)  includable  under  article twenty-two of this chapter whereby the intent  and purpose of this paragraph and paragraph five of this subsection with  respect to refunding of credit to new business would be evaded; or    (C) has been subject to tax under this  article  for  more  than  five  taxable years (excluding short taxable years).    (9)(A)(i)  If  a  taxpayer  is  required  by  paragraph  seven of this  subsection to add back a portion of the credit  taken  because  property  was destroyed or ceased to be in qualified use as a direct result of the  September  eleventh,  two  thousand one terrorist attacks, such taxpayer  may elect to defer the amount to be recaptured for all such property  to  the  taxable  year  next  succeeding  the  taxable  year  in  which  the  destruction or cessation of qualified use occurred. The taxable year  in  which  the  destruction  or cessation of qualified use occurred shall be  hereinafter referred to as the "recapture event taxable  year".  If  the  taxpayer's  total  employment number in the state on the last day of the  taxable year next succeeding the  recapture  event  taxable  year  is  a  significant percentage of the taxpayer's average total employment number  in the state for the taxpayer's recapture event taxable year and the two  taxable  years  immediately  preceding the recapture event taxable year,  then the taxpayer shall not be required to  recapture  any  credit  withrespect  to  such property. If the taxpayer's total employment number in  the state on the last day  of  the  taxable  year  next  succeeding  the  recapture  event  taxable  year  is  not a significant percentage of the  taxpayer's  average  total  employment  number  in  the  state  for  the  taxpayer's recapture event  taxable  year  and  the  two  taxable  years  immediately  preceding  the  recapture  event taxable year, the taxpayer  shall be required to recapture the portion of  the  credit  taken  under  this  subsection, as required by paragraph seven of this subsection, for  all of its property destroyed or which ceased to be in qualified use  as  a  direct  result  of the September eleventh, two thousand one terrorist  attacks. The amount required to be  recaptured  shall  be  augmented  as  required  pursuant  to  subparagraph  (E)  of  paragraph  seven  of this  subsection by using an interest rate equal to  two  times  the  rate  of  interest specified in such subparagraph seven applicable for the taxable  year in which the recapture occurs.    (ii)   The  taxpayer's  total  employment  number  shall  include  all  employees of the taxpayer employed full-time  by  the  taxpayer  in  the  state.  The  average  total  employment  number  for the recapture event  taxable year  and  the  two  taxable  years  immediately  preceding  the  recapture  event  taxable  year  shall  be  computed  by determining the  taxpayer's total employment number on the thirty-first day of March, the  thirtieth  day  of  June,  the  thirtieth  day  of  September  and   the  thirty-first day of December during the applicable taxable years, adding  together  the number of such individuals determined to be so employed on  each of such dates and dividing the sum so obtained  by  the  number  of  such  dates  occurring within such applicable taxable years. However, in  the case of the taxable year  which  included  September  eleventh,  two  thousand  one, the average total employment number for such taxable year  shall be determined by using the total employment  number  on  September  first, two thousand one in lieu of September thirtieth, two thousand one  and,  if  such taxable year included December thirty-first, two thousand  one, by excluding the total employment number on December  thirty-first,  two thousand one.    (B)  In  lieu  of  subparagraph  (A) of this paragraph, a taxpayer may  elect  to  recapture  the  portion  of  the  credit  taken  under   this  subsection,  as  required by paragraph seven of this subsection, for all  of its property destroyed or which ceased to be in qualified  use  as  a  direct  result  of  the  September  eleventh, two thousand one terrorist  attacks, in the taxable year in which the destruction  or  cessation  of  qualified use occurred. If the taxpayer makes such election and acquires  property  (hereinafter referred to as "replacement property") to replace  any property destroyed as a direct result of the September eleventh, two  thousand one terrorist attacks (regardless of  when  such  property  was  placed  in  service  and  whether  a credit was claimed on that property  pursuant to this subsection), and such replacement property  is  similar  or  related in service or use to such destroyed property, the investment  credit base of the replacement  property  shall  be  determined  without  regard  to  any basis reduction required pursuant to section 1033 of the  internal revenue code.    (C) The election made by the taxpayer under subparagraph (A) or (B) of  this paragraph shall be made in the manner and form  prescribed  by  the  commissioner.    (D) A taxpayer, over fifty percent of whose employees died as a direct  result  of  the  September eleventh, two thousand one terrorist attacks,  may  make  the  election  provided  for  in  subparagraph  (A)  of  this  paragraph,  and  shall  not  be  required  to  recapture any credit with  respect to property which  was  destroyed  or  which  ceased  to  be  in  qualified  use  as  a  direct  result of such attacks, whether or not itmeets the employment test specified in clause (i) of subparagraph (A) of  this paragraph.    (j)  Credit  for  purchase  of  an automated external defibrillator. A  taxpayer shall be allowed a credit as hereinafter provided, against  the  tax  imposed by this article for the purchase, other than for resale, of  an automated external defibrillator, as such term is defined in  section  three  thousand-b  of  the  public  health law. The amount of the credit  shall be the cost to the taxpayer of automated  external  defibrillators  purchased  during  the  taxable  year,  such  credit  not to exceed five  hundred dollars with respect to each unit purchased. The credit  allowed  under  this subsection for any taxable year shall not reduce the tax due  for such year to less than the minimum tax fixed by  subsection  (b)  of  section fourteen hundred fifty-five of this article.    (k)  (1)  A taxpayer shall be allowed a credit against the tax imposed  by this article equal to twenty percent of the premium paid  during  the  taxable  year for long-term care insurance. In order to qualify for such  credit, the taxpayer's premium payment must be for the  purchase  of  or  for  continuing  coverage  under  a long-term care insurance policy that  qualifies for such credit pursuant to section one thousand  one  hundred  seventeen of the insurance law.    (2)  In  no event shall the credit herein provided for, and carryovers  of such credit, be allowed in  an  amount  which  will  reduce  the  tax  payable  to  less  than  the  dollar  amount  fixed  as a minimum tax by  subsection (b) of section fourteen hundred fifty-five of  this  article.  If, however, the amount of credit or carryovers of such credit, or both,  allowable  under this subsection for any taxable year reduces the tax to  such amount, any amount of credit or carryovers of such credit thus  not  deductible  in  such  taxable  year may be carried over to the following  year or years and may be deducted from the taxpayer's tax for such  year  or years.    (l)  Low-income  housing  credit.  (1) Allowance of credit. A taxpayer  shall be allowed a credit against the tax imposed by this  article  with  respect  to  the ownership of eligible low-income buildings, computed as  provided in section eighteen of this chapter.    (2) Application of credit. The credit and carryovers  of  such  credit  allowed  under  this  subsection  for any taxable year shall not, in the  aggregate, reduce the tax due for such year to less than the minimum tax  fixed by subsection (b) of section fourteen hundred fifty-five  of  this  article.  However, if the amount of credit or carryovers of such credit,  or both, allowed under this subsection for any taxable year reduces  the  tax  to  such  amount,  then  any amount of credit or carryovers of such  credit thus not deductible in such taxable year may be carried  over  to  the  following year or years and may be deducted from the taxpayer's tax  for such year or years.    (3) Credit recapture. For provisions requiring  recapture  of  credit,  see subdivision (b) of section eighteen of this chapter.    (m)  Green  building credit. (1) Allowance of credit. A taxpayer shall  be allowed a credit, to be computed as provided in section  nineteen  of  this chapter, against the tax imposed by this article.    (2)  Carryover. The credit and carryovers of such credit allowed under  this subsection for any taxable year shall not, in the aggregate, reduce  the tax due for such  year  to  less  than  the  minimum  tax  fixed  by  subsection  (b)  of section fourteen hundred fifty-five of this article.  However, if the amount of credit or carryovers of such credit, or  both,  allowed  under  this  subsection for any taxable year reduces the tax to  such amount, then any amount of credit or carryovers of such credit thus  not deductible in such taxable year may be carried over to the followingyear or years and may be deducted from the taxpayer's tax for such  year  or years.    (n) Credit for transportation improvement contributions. (1) Allowance  of  credit.  A  taxpayer  shall  be  allowed a credit, to be computed as  provided in section twenty of this chapter, against the tax  imposed  by  this article.    (2)  Application  of  credit. The credit allowed under this subsection  for any taxable year shall not reduce the tax due for such year to  less  than the minimum tax fixed by subsection (b) of section fourteen hundred  fifty-five  of  this  article.  However, if the amount of credit allowed  under this subsection for any taxable  year  reduces  the  tax  to  such  amount,  then  any  a