Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

First Award Approved Under Emerge Job Creation Tax Credit Program

Author: Donald M. Pepe

Date: September 29, 2021

Key Contacts

Back

The Murphy Administration recently announced the approval of the first award under the Emerge Program, a new tax credit program created under the New Jersey Economic Recovery Act of 2020 (ERA)...

First Award Approved Under Emerge Job Creation Tax Credit Program

The Murphy Administration recently announced the approval of the first award under the Emerge Program, a new tax credit program created under the New Jersey Economic Recovery Act of 2020 (ERA). The award is for a project by Party City Holdings Inc. (Party City), a Fortune 1000 specialty manufacturing, wholesale, and retail company. Party City plans to bring 357 jobs to New Jersey and will receive a tax credit award of $9,996,000 over seven years.

Key Benefits of the Emerge Program

Through the Emerge Program, small and large businesses, as well as non-profits, can apply for tax credits to support projects that meet minimum capital investment, job creation or retention, and other requirements. To be eligible for Emerge support, a project must:

  • Create at least 35 new, full-time jobs. In some circumstances, this job creation requirement may be lower if a business is primarily engaged in a targeted industry, or if a business meets the definition of a “small business” as defined in the Emerge Program rules.
  • Be located in an Eligible Incentive location.
  • Meet minimum capital investment requirements.
  • Emerge tax credits must yield a minimum net positive economic benefit to the state of 200 percent to 400 percent depending on project location.
  • Ensure that at least 80 percent of incented employees’ work time is spent in New Jersey and 80 percent of the withholdings of new or retained full-time jobs are subject to the ‘New Jersey Gross Income Tax Act’.
  • Ensure the Qualified Business Facility can accommodate at least 50 percent of incented jobs.
  • Commit to stay at the Qualified Business Facility for 1.5 times the eligibility period.
  • Demonstrate that the award of the tax credit is a “material factor” in the decision to create or retain at least the minimum number of full-time jobs.

The Emerge Program awards are calculated on an annual per job basis, with base credits for new jobs ranging between $500-$4,000 per job depending on project location and other aspects of the project. Bonuses are also available based on project location, industry, and alignment with other policy objectives. These bonuses can increase annual per-job credits to a maximum of $8,000 per job.  Jobs that are covered by a labor harmony agreement are eligible for an additional $1,000 bonus over the capped amounts. 

Tax credits awarded through Emerge can be used to offset Corporate Business Tax or Insurance Premiums Tax. They can also be transferred for no less than 85 percent of their value or surrendered to NJ Division of Taxation for 90 percent of the value of the credits.

Emerge Program’s First Tax Credit Approval

On September 21, Gov. Murphy announced Party City is the first company to receive an approval under the Emerge Program. Party City, the largest retailer of party goods in the United States, Canada, and Mexico, is planning to consolidate its Rockaway, New Jersey and Elmsford, New York sites into a single, new national headquarters.

“When we began working on reforming the state’s tax incentive program four years ago, this was exactly the type of award we envisioned – a project that will bring good, high-paying jobs to New Jersey at a reasonable investment,”  Governor Murphy said in a press statement. “A big piece of building a stronger and fairer New Jersey is fueling a strong 21st century economy that works for everyone. We view this new incentive program as integral to the continued growth of New Jersey’s economy.”

According to the NJEDA, the project is expected to create 357 new full-time jobs and retain 338 full-time jobs currently at risk of leaving New Jersey. Additionally, the project will invest more than $32 million to lease a 208,911 square foot office building in Woodcliff Lake.

The NJEDA approved Party City for a tax credit award of $9,996,000 over seven years, with a discounted present value of $7,434,696. According to the NJEDA’s calculations, the present value of the net positive economic benefit of this project to the State is $35,734,024. This is a 481 percent net positive economic benefit coverage ratio of the present value of the award, which is above the required rate of 400 percent. Party City will also need to enter into a community benefits agreement with Woodcliff Lake or Bergen County.

As the NJEDA highlighted in its announcement, the per-job incentives awarded to this project is significantly lower than the average per-job incentive awarded under New Jersey’s previous job creation tax incentive program. Additionally, Party City is expected to generate economic benefits more than four times as large as the tax credits it receives.

Next Steps for Interested Businesses

The NJEDA is currently accepting applications for the Emerge Program. We encourage interested businesses to work with experienced counsel who can help ensure that your business is able to reap the full benefits of New Jersey’s new tax incentive program.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact Don Pepe or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!