Training programs are required to meet all of the criteria below, to be eligible for this tax credit program.
<br>1. It will upgrade, retrain or improve the productivity of employees;
<br>2. It will satisfy a business need on the part of the participating business entity;
<br>3. It is not designed to train or upgrade skills as required by a federal or state entity; and
<br>4. It is structured to result in measurable advancements in skills and competencies that will contribute to opportunities for advancement for employees who complete the training.
Expenses used in this program to claim a tax credit should not be used as the basis for a tax credit in any other tax credit program.
Manufacturing business means a business that is engaged in the process of working raw materials into products suitable for use or which gives new shapes, new quality or new combinations to matter which has already gone through some artificial process by the use of machinery, tools, appliances, or other similar equipment. "Manufacturing" does not include an operation that involves only the assembly of components, provided, however, that the assembly of motor vehicles or other high value-added products shall be considered manufacturing. The department shall have the sole discretion to determine whether an applicant is a manufacturing business for the purposes of this program.
Semiconductor manufacturing business means a business deemed by the commissioner to make products or develop technologies that are primarily aimed at supporting the growth of the semiconductor manufacturing and related equipment and material supplier sector. This shall include, but need not be limited to, semiconductor device manufacturing, producers of component parts, direct input materials and equipment necessary for the manufacture of semiconductor chips, machinery, equipment, and materials necessary for the operational efficiency of semiconductor manufacturing facilities, other such inputs directly supportive of the domestic production of semiconductor chips, and companies engaged in the assembly, testing, packaging and advanced packaging semiconductor value chain. This definition shall not include (1) business that generates inputs to manufacturing generally, but not direct inputs to semiconductor manufacturing in specific; or (2) the production of products or development of technologies that would produce only marginal and incremental benefits to the semiconductor manufacturing sector. The department shall have the sole discretion to determine whether an applicant is a semiconductor manufacturing business for the purposes of this progra
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Manufacturing business means a business that is engaged in the process of working raw materials into products suitable for use or which gives new shapes, new quality or new combinations to matter which has already gone through some artificial process by the use of machinery, tools, appliances, or other similar equipment. "Manufacturing" does not include an operation that involves only the assembly of components, provided, however, that the assembly of motor vehicles or other high value-added products shall be considered manufacturing. The department shall have the sole discretion to determine whether an applicant is a manufacturing business for the purposes of this program.
Semiconductor manufacturing business means a business deemed by the commissioner to make products or develop technologies that are primarily aimed at supporting the growth of the semiconductor manufacturing and related equipment and material supplier sector. This shall include, but need not be limited to, semiconductor device manufacturing, producers of component parts, direct input materials and equipment necessary for the manufacture of semiconductor chips, machinery, equipment, and materials necessary for the operational efficiency of semiconductor manufacturing facilities, other such inputs directly supportive of the domestic production of semiconductor chips, and companies engaged in the assembly, testing, packaging and advanced packaging semiconductor value chain. This definition shall not include (1) business that generates inputs to manufacturing generally, but not direct inputs to semiconductor manufacturing in specific; or (2) the production of products or development of technologies that would produce only marginal and incremental benefits to the semiconductor manufacturing sector. The department shall have the sole discretion to determine whether an applicant is a semiconductor manufacturing business for the purposes of this program.
Applications to the State, including their accompanying documents, are subject to the Freedom of Information Law (FOIL) found in Article 6 of the N.Y. Public Officer Law. FOIL provides that certain records are exempt from disclosure, including those that contain (1) trade secrets, (2) information that, if disclosed, would cause substantial injury to the competitive position of your organization, or (3) critical infrastructure information. Records may be redacted to protect only the portions of documents that fall within a FOIL exemption. An entire document may not be withheld if only a portion of the document is exempt from disclosure. Blanket assertions that information is a trade secret, confidential, or proprietary are insufficient to justify withholding information under FOIL. The identified information will be reviewed and a determination will be made as to whether the information is exempt from disclosure under FOIL. The State’s determination may be appealed pursuant to POL §89(5)(c). Pursuant to POL §87(2)(b), the State will redact information that “if disclosed would constitute an unwarranted invasion of personal privacy.”
Examples:
Q_1234 - The information provided in Line 6 includes the vendor, equipment specifications and a cost structure that will give “John Smith’s Manufacturing Inc.” a competitive disadvantage if our competitors were to find out the specifications of the machines used to manufacture our product.
Q_4321 (Attachment) – Page 3, lines 6, 7, and 8, contains specifics of our manufacturing process that are proprietary and if revealed would put “John Smith’s Manufacturing Inc.” at a competitive disadvantage.