Which New York Tax Incentives Can Startups Actually Use in 2026?

For most venture-backed tech startups in New York, the realistic incentives in 2026 are the Excelsior Jobs Program and the Qualified Emerging Technology Company (QETC) credits, plus the NYC Biotechnology Credit for life sciences companies in the city. They sit on top of the federal R&D credit under IRC §41.

Each program has its own gatekeeper. Excelsior is a discretionary program run by Empire State Development (ESD), so you apply and negotiate before you hire. QETC credits are claimed on your tax return if you meet the statutory tests. The NYC Biotechnology Credit requires an application to the NYC Department of Finance.

One program you may still see in older articles, START-UP NY, is closed to new applicants as of January 1, 2026.

Excelsior Jobs Program: Credits and Eligibility

The Excelsior Jobs Program offers fully refundable tax credits to companies in strategic industries that create jobs or invest in New York. ESD lists five credit components:

  • Jobs tax credit: up to 6.85% of wages per net new job.
  • Investment tax credit: 2% of qualified investments.
  • R&D tax credit: 50% of the New York portion of the federal R&D credit, capped at 6% of research expenditures in New York.
  • Real property tax credit: for firms in certain distressed areas and for regionally significant projects.
  • Child care services tax credit: up to 6% of net new child care services expenditures.

Higher percentages apply to semiconductor supply chain and green CHIPS projects, which are not typical startup cases.

The job thresholds are what matter for startups. Scientific R&D and software development companies qualify with at least 5 net new jobs; back-office operations need 25 and distribution needs 50. Benefits are set out in a preliminary schedule and can run up to 10 years, but only if you hit and keep the job and investment commitments you made in the application.

Excelsior is discretionary. You apply to an ESD industry director or regional office (or through the Consolidated Funding Application) before the jobs are created, and ESD decides whether to admit the project. Hiring first and applying later usually does not work.

Excelsior R&D Credit: A Worked Example

The R&D component is the part most tech startups care about, because it rides on the federal credit you are probably already calculating.

For example, suppose a seed-stage software company admitted to Excelsior earns a $50,000 federal R&D credit, all of it from research performed in New York, on $400,000 of New York research expenditures:

  1. 50% of the New York portion of the federal credit is $25,000.
  2. The cap is 6% of New York research expenditures: 6% × $400,000 = $24,000.
  3. The Excelsior R&D credit is the lower amount, $24,000.

Because Excelsior credits are refundable, a pre-profit company can receive that value as a refund rather than waiting for taxable income. That is the main reason Excelsior is worth the paperwork for a company that meets the job threshold anyway.

The federal credit itself has improved too. Under the One Big Beautiful Bill Act (P.L. 119-21), domestic research expenditures paid or incurred in tax years beginning after December 31, 2024 are deductible currently under new IRC §174A, rather than amortized over five years.

Qualified Emerging Technology Company (QETC) Credits

A QETC is a company located in New York with total annual product sales of $10 million or less that either has primary products or services classified as emerging technologies under Public Authorities Law §3102-e, or conducts R&D in New York with an R&D-to-net-sales ratio at or above the National Science Foundation average (4.5% for certification periods ending in 2025).

Two QETC credits matter most for startups:

  • QETC employment credit. $1,000 for each full-time New York employee above the base-year employment number, for three consecutive years. Average New York employment must be at least 101% of the base year, and the credit is refundable. A company that grows from 10 to 20 full-time New York employees earns $10,000 in the first year.
  • QETC capital tax credit. This one goes to your investors, not the company. An individual or business that makes a qualified investment in a certified QETC can claim 10% of the investment if it is held for at least four years, or 20% if held for nine years. It is nonrefundable and claimed on Form DTF-622, and annual and lifetime limits apply.

New York also has a QETC facilities, operations and training credit for certified companies. Confirm its current tests and caps with the Department of Taxation and Finance before counting on it.

NYC Biotechnology Credit

Biotech startups in New York City can apply for the NYC Biotechnology Credit against city business taxes. Per the NYC Department of Finance, it covers:

  • 18% of the cost of qualifying R&D property
  • 9% of qualified research expenses
  • Up to 100% of high-technology training costs, capped at $4,000 per employee per year

The credit is capped at $250,000 per taxpayer per year, and the program as a whole is capped at $3 million a year (prorated if claims exceed it). Companies that do not meet a 105% employee-increase test get 50% of the computed credit, up to $125,000, though companies new to the city are exempt from that test in their first eligible year. Eligibility requires, among other tests, 100 or fewer full-time employees with at least 75% in NYC, product sales of no more than $10 million, and an R&D-to-net-sales ratio of at least 6%.

The version on nyc.gov when we checked in October 2026 covered tax years 2023 through 2025, with 2025 applications due January 15, 2026. Check whether it has been extended before planning around it for 2026.

START-UP NY Is Closed to New Applicants

START-UP NY let approved businesses that located on or near participating college and university campuses operate tax-free for 10 years. Empire State Development states that the program is closed to new applicants as of January 1, 2026.

Companies already admitted continue under their existing agreements and benefit periods. If you are a new company or relocating to New York now, plan around Excelsior and the QETC credits instead.

On the cost side, two city taxes are worth knowing about when you choose space. The NYC Commercial Rent Tax applies to commercial tenants in Manhattan south of 96th Street above a rent threshold, so many smaller startups fall outside it. NYC-based C corporations also pay the city Business Corporation Tax, which for an early-stage company with little NYC income is often just the fixed dollar minimum.

Combining New York and Federal Incentives

These programs can be combined, but they are not additive by default. Some credits are refundable (Excelsior, the QETC employment credit) and some only offset tax (the QETC capital credit for investors). Excelsior participants generally cannot claim certain other state credits for the same activity, and the job counts you report to ESD and the employment numbers on your QETC claim need to agree.

A sensible order of work for a New York tech startup:

  1. Calculate the federal R&D credit and decide whether to use the payroll tax offset.
  2. If you will add at least 5 net new jobs, talk to ESD about Excelsior before you hire.
  3. Test QETC status each year and claim the employment credit as headcount grows.
  4. Tell your investors about the QETC capital tax credit; it can help a New York round.
  5. If you are a NYC biotech company, confirm the status of the city biotechnology credit and apply by the January deadline.

We model these credits for New York clients and prepare the federal, state and city filings. Program rules change, and this summary reflects ESD, Department of Taxation and Finance and NYC Department of Finance pages checked in October 2026; it is not tax advice for your specific facts.

Frequently asked questions

What tax incentives are available for startups in New York in 2026?

The main options in 2026 are the Excelsior Jobs Program, which offers refundable credits to companies that create jobs in strategic industries, and the Qualified Emerging Technology Company (QETC) credits, including a $1,000-per-new-employee credit and a capital credit for investors. NYC biotech companies may also apply for the NYC Biotechnology Credit if it is extended. All of these sit on top of the federal R&D credit under IRC §41.

Is START-UP NY still accepting applications?

No. Empire State Development states that START-UP NY closed to new applicants as of January 1, 2026. The program let approved businesses located on or near participating college campuses operate tax-free for 10 years. Companies already admitted continue under their existing agreements, but a startup forming or relocating to New York now should plan around Excelsior and the QETC credits instead.

How is the Excelsior R&D tax credit calculated?

The Excelsior R&D credit equals 50% of the New York portion of your federal R&D credit, capped at 6% of research expenditures attributable to New York. For example, a company with a $50,000 federal credit earned entirely in New York on $400,000 of New York research spending gets the lower of $25,000 and $24,000, so $24,000. The credit is refundable, but only for companies Empire State Development has admitted to the program.

What qualifies as a QETC in New York?

A Qualified Emerging Technology Company is located in New York, has total annual product sales of $10 million or less, and either sells primarily emerging-technology products or services under Public Authorities Law §3102-e or does R&D in New York at or above the National Science Foundation R&D-to-sales average (4.5% for 2025 certification periods). Qualifying companies claim the refundable employment credit on Form DTF-621.

Do investors in New York startups get a state tax credit?

Yes, if the company is a certified QETC. Individuals and businesses that make a qualified investment can claim a nonrefundable QETC capital tax credit of 10% of the investment if it is held at least four years, or 20% if held at least nine years, using Form DTF-622. Because the credit only offsets New York tax, it mainly helps investors with New York tax liability.

Sources

  1. Empire State Development: Excelsior Jobs Program
  2. Empire State Development: START-UP NY
  3. NYS Tax Department: QETC employment credit
  4. NYS Tax Department: QETC capital tax credit
  5. NYC Department of Finance: Biotechnology Credit