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Advisory: credits and decisions in New York

New York’s incentives are refundable but by application, through Empire State Development. The 2026 budget kept the 7.25% cliff rate, decoupled from R&E expensing, and left QSBS alone.

Jurisdiction
New York
Reading time
3 min
Checked
October 13, 2026
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Key figures

New York advisory

2026, with sources

Excelsior R&D tax credit
50% of NY share of federal creditUp to 6% of NY research expenditures; fully refundable, by program admission.
QETC business income rate
4.875%Qualified emerging technology companies.
QETC fixed dollar minimum
$19 to $3,750Lower scale for QETCs and qualified manufacturers.
QSBS (IRC §1202)
Follows federalA 2026 proposal to add back excluded gain was not enacted.
NOL carryforward
20 years
Top rate over $5M base
7.25%Applies to the whole base, not the excess.

Credits that pay cash

New York’s incentives mostly run through Empire State Development rather than the tax return alone. The Excelsior Jobs Program offers five fully refundable credits over a benefit period of up to ten years, including a jobs credit of up to 6.85% of wages per net new job and an R&D credit of 50% of the portion of the federal research credit tied to New York expenditures, up to 6% of New York research spending. Refundable matters to a startup: a company with losses gets cash rather than a carryforward. Admission is not automatic; a company applies, commits to job and investment thresholds, and must meet them to earn the credits.

Separately, the Article 9-A schedule gives qualified emerging technology companies (QETCs) a 4.875% business income rate, a 0% capital base rate and a lower fixed dollar minimum ($19 to $3,750). QETC status depends on the company’s technology and its receipts and research spending; the CT-3 instructions set out the tests.

What changed in 2026

The fiscal 2027 budget, enacted in May 2026, extended the 7.25% rate on business income bases over $5 million and the 0.1875% capital base rate through 2029, and decoupled the state and the city from federal immediate expensing of R&E. It did not decouple from the federal QSBS exclusion, despite a Senate proposal to add back 100% of excluded gain, and it left the pass-through entity tax credit unchanged.

The 7.25% rate is a cliff: once the business income base passes $5 million, the whole base is taxed at 7.25%, not just the excess. A company crossing that line in a growth year sees its New York effective rate jump, and the forecast should model it.

Where founders go wrong in New York

Consider a seed-stage company incorporated in Delaware with two founders in Manhattan and its first engineer starting next month. Before that first payroll it needs an Application for Authority, a withholding and UI account, a disability and PFL policy, new-hire reports, the NYC paid-leave notice, and a decision on whether its SaaS sales to New York customers already require sales tax registration. None of these are exotic, but each has its own agency.

  • Registering with the state and forgetting the city: NYC’s Business Corporation Tax is a separate return to a separate agency.
  • Missing the MTA layer: the CT-3-M surcharge on income and the MCTMT on payroll both apply in the commuter district.
  • Buying workers’ comp but not the disability and Paid Family Leave policy New York requires on top of it.
  • Treating SaaS as untaxed: New York taxes prewritten software however it is delivered.
  • Hiring an employee upstate and assuming the NYC rules apply (or the reverse): minimum wage, paid leave and the MCTMT all depend on where the work happens.

Common questions

Does New York have an R&D credit a seed-stage startup can claim?

Not automatically. The state’s R&D credit for most companies comes through the Excelsior Jobs Program, which Empire State Development admits companies to based on job and investment commitments. Once admitted, the Excelsior R&D credit is 50% of the share of the federal research credit tied to New York expenditures, capped at 6% of New York research spending, and it is fully refundable.

Will New York tax my QSBS gain if the federal exclusion applies?

No, as of the fiscal 2027 budget. The Senate proposed adding back 100% of federally excluded QSBS gain, retroactive to 2025, but the enacted budget did not include it, so New York residents follow the federal § 1202 exclusion. It is a proposal that has come up before and can come up again.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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