In order to encourage business investment, the General Assembly has added a new option to qualify for certain installment credits of tax credits earned under the William S. Lee Act under Article 3A of Chapter 105 (which was repealed for business activities occurring on or after January 1, 2007).  For credits which require that the taxpayer maintain at least 200 employees at the property for a given year, the jobs requirement for that year may also be satisfied if the taxpayer maintains at least 125 employees at the property and, within two years of the date the employment level falls below 200, invests at the property the greater of $5,000,000 or at least twice the value of the remaining installments of the credit.[15]

This new provision is effective for tax years beginning on or after January 1, 2009