The Department of Taxation and Finance has ruled that an LLC treated as a partnership for income tax purposes that was certified for New York State Empire Zone (“EZ”) tax benefits did not lose its certification as a result of its inserting two new single‑member LLCs as direct owners, where the two original members retained the same indirect ownership and control of the LLC after the restructuring. Advisory Opinion, TSB-A-12(1)I (N.Y.S. Dep’t of Taxation & Fin., Jan. 31, 2012). The Department reasoned that the restructuring did not change the identity of the party who ultimately would receive the flowthrough of EZ tax benefits. The Department also stated that should there be any future modifications or revocations of the Advisory Opinion based on possible subsequent structural changes, such modifications or revocations would operate prospectively only.