34:1B-245 Incentive agreement required prior to issuance of tax credits.
4.The authority shall require an eligible business to enter into an incentive agreement prior to the issuance of tax credits. The incentive agreement shall include, but shall not be limited to, the following:
a.A detailed description of the proposed project which will result in job creation or retention, and the number of new or retained full-time jobs that are approved for tax credits.
b.The eligibility period of the tax credits, including the first year for which the tax credits may be claimed.
c.Personnel information that will enable the authority to administer the program.
d.A requirement that the applicant maintain the project at a location in New Jersey for the commitment period, with at least the minimum number of full-time employees as required by this program, and a provision to permit the authority to recapture all or part of any tax credits awarded, at its discretion, if the business does not remain in compliance with this provision for the required term, and in the instance of the business terminating an existing incentive agreement in order to participate in an incentive agreement authorized pursuant to the "New Jersey Economic Opportunity Act of 2013," P.L.2013, c.161 (C.52:27D-489p et al.), such permitted recapture may be calculated to recognize the period of time that the business was in compliance prior to termination.
e.A method for the business to certify that it has met the capital investment and employment requirements of the program pursuant to paragraph (1) of subsection a. of section 3 of P.L.2011, c.149 (C.34:1B-244) and to report annually to the authority the number of full-time employees for which the tax credits are to be made.
f.A provision permitting an audit of the payroll records of the business from time to time, as the authority deems necessary.
g.A provision which permits the authority to amend the agreement.
h.A provision establishing the conditions under which the agreement may be terminated.
L.2011, c.149, s.4; amended 2013, c.161, s.9.
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Last modified: October 11, 2016