NY A00160 | 2009-2010 | General Assembly

Status

Spectrum: Committee Bill
Status: Introduced on January 7 2009 - 25% progression, died in committee
Action: 2009-01-21 - print number 160a
Pending: Assembly Ways and Means Committee
Text: Latest bill text (Amended) [HTML]

Summary

Relates to the definition of presence in New York in determining a taxpayer's New York residency status; adds filing fees for partnerships; enacts reforms to the empire zones program; relates to conforming the definition of manufacturing for purposes of tax credits under article 9-A of the tax law; excludes generation and distribution of electricity; provides for exemption from franchise tax for certain town or county cooperative insurance companies; increases the rate of the premiums tax on certain insurance companies; eliminates the franchise tax imposed on life insurance companies; relates to tax collection and offset agreements with the United States and other states; relates to the treatment of overcapitalized captive insurance companies; limits various under-utilized tax credits; requires nonresident individuals to include as income the gain or loss from the sale of a partnership, limited liability corporation, S corporation with 100 or fewer shareholders to the extent that the gain or loss includes gain or loss from real property located in New York state; changes the percentage used to compute the mandatory first installment of franchise tax and the metropolitan commuter transportation district business tax surcharge under articles 9, 9-A, 32 and 33; relates to a credit against income tax for persons or entities investing in low-income housing; provides for a five hundred dollar threshold for a sales and compensating use tax exemption for clothing and footwear for two, one week exemption periods; imposes state and local sales and compensating use taxes on certain personal services; hair, manicures, pedicures, beauty, massage services, credit rating services; exempts personal services that are rendered by a physician or other person licensed under title 8 of the education law; repeals provisions of the administrative code relating to sales and use taxes; relates to limiting itemized deductions for certain taxpayers and determining the amount of estimated tax installments to be paid; relates to the treatment of income received by partners for performing investment management services as New York source income received for services; provides a tax credit for increasing research activities; relates to qualified emerging technology company facilities, operations and training credits; relates to imposing a tax on cable television service; relates to tobacco products, cigarette taxes, and the manner in which cigars are taxed; includes the amount of any discount given for a coupon in the amounts subject to the sales and compensating use taxes; relates to investment of lottery moneys available and retained on deposit for the payment of lottery prizes; such moneys may be invested or caused to be invested in obligations by the comptroller as provided or in other investments with the care, skill, prudence and diligence of a prudent person acting in like capacity; such investments may be made by a money manager or other advisor recommended by the lottery division and approved by the comptroller; relates to the operation of video lottery gaming; makes technical corrections regarding the operation of video lottery gaming and approving the construction or alteration of any facility housing video lottery gaming; amends chapter 383 of the laws of 2001, authorizes the division of the lottery to conduct a pilot program involving the operation of video lottery terminals at certain racetracks; expands the definition of "vendor" for purposes of the sales and compensating use taxes; authorizes video lottery gaming at Belmont Park; relates to taxing flavored malt beverages at the low liquor tax rate; relates to extending certain provisions of the racing, pari-mutuel wagering and breeding law; increases the percentage for computing receipts and considerations for certain taxes; attempts to curtail certain sales and compensating use tax avoidance schemes; repeals sales and compensating use tax credit and refund for bad debt for purchases made by private label credit cards; provides for the taxation of digital products; removes the cap on the taxation of motor fuel and diesel motor fuel; authorizes the commissioner of taxation and finance to require the use of decals as evidence that a carrier has a valid certificate of registration for each motor vehicle operated or to be operated on the public highways of this state; imposes state sales and compensating use tax surcharge on certain beverage products; 18% on fruit drinks that contain less than 70% of natural fruit juice and soft drinks, soda and beverages that are ordinarily dispensed at soda fountains; does not apply to diet soda; raises replacement certificates of registration from four dollars to fifteen dollars for motor vehicles and for any trailer, semi-trailer, dolly or other device drawn thereby; imposes an additional rate of sales tax on certain luxury property; eliminates the expiration of and make permanent the provisions of law authorizing the quick draw lottery game; eliminates restrictions on the manner in which the quick draw lottery game is authorized to be conducted; relates to participation in more than one joint, multi-jurisdictional and out of state lottery; allows for participation in more than one such group at any time; creates a new grocery store or drug store wine license; provides schedule of fees for stores in business for less than twelve months and for stores in business for twelve months and longer; increases taxes paid by distributors of beer and wine; provides for a special floor tax to be imposed on beer and wine products under contract but not delivered prior to the effective date of the tax increase; increases the special tax on passenger car rentals from 5% to 6% of the receipts therefrom; relates to imposing a sales and compensating use tax on certain transportation services; expands sales taxes on certain amusement charges; relates to narrowing the sales tax definition and treatment of capitol improvements; imposes higher penalties for tax scofflaws.

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Title

Relates to the definition of presence in New York in determining a taxpayer's New York residency status; adds filing fees for partnerships; enacts reforms to the empire zones program; relates to conforming the definition of manufacturing for purposes of tax credits under article 9-A of the tax law; excludes generation and distribution of electricity; provides for exemption from franchise tax for certain town or county cooperative insurance companies; increases the rate of the premiums tax on certain insurance companies; eliminates the franchise tax imposed on life insurance companies; relates to tax collection and offset agreements with the United States and other states; relates to the treatment of overcapitalized captive insurance companies; limits various under-utilized tax credits; requires nonresident individuals to include as income the gain or loss from the sale of a partnership, limited liability corporation, S corporation with 100 or fewer shareholders to the extent that the gain or loss includes gain or loss from real property located in New York state; changes the percentage used to compute the mandatory first installment of franchise tax and the metropolitan commuter transportation district business tax surcharge under articles 9, 9-A, 32 and 33; relates to a credit against income tax for persons or entities investing in low-income housing; provides for a five hundred dollar threshold for a sales and compensating use tax exemption for clothing and footwear for two, one week exemption periods; imposes state and local sales and compensating use taxes on certain personal services; hair, manicures, pedicures, beauty, massage services, credit rating services; exempts personal services that are rendered by a physician or other person licensed under title 8 of the education law; repeals provisions of the administrative code relating to sales and use taxes; relates to limiting itemized deductions for certain taxpayers and determining the amount of estimated tax installments to be paid; relates to the treatment of income received by partners for performing investment management services as New York source income received for services; provides a tax credit for increasing research activities; relates to qualified emerging technology company facilities, operations and training credits; relates to imposing a tax on cable television service; relates to tobacco products, cigarette taxes, and the manner in which cigars are taxed; includes the amount of any discount given for a coupon in the amounts subject to the sales and compensating use taxes; relates to investment of lottery moneys available and retained on deposit for the payment of lottery prizes; such moneys may be invested or caused to be invested in obligations by the comptroller as provided or in other investments with the care, skill, prudence and diligence of a prudent person acting in like capacity; such investments may be made by a money manager or other advisor recommended by the lottery division and approved by the comptroller; relates to the operation of video lottery gaming; makes technical corrections regarding the operation of video lottery gaming and approving the construction or alteration of any facility housing video lottery gaming; amends chapter 383 of the laws of 2001, authorizes the division of the lottery to conduct a pilot program involving the operation of video lottery terminals at certain racetracks; expands the definition of "vendor" for purposes of the sales and compensating use taxes; authorizes video lottery gaming at Belmont Park; relates to taxing flavored malt beverages at the low liquor tax rate; relates to extending certain provisions of the racing, pari-mutuel wagering and breeding law; increases the percentage for computing receipts and considerations for certain taxes; attempts to curtail certain sales and compensating use tax avoidance schemes; repeals sales and compensating use tax credit and refund for bad debt for purchases made by private label credit cards; provides for the taxation of digital products; removes the cap on the taxation of motor fuel and diesel motor fuel; authorizes the commissioner of taxation and finance to require the use of decals as evidence that a carrier has a valid certificate of registration for each motor vehicle operated or to be operated on the public highways of this state; imposes state sales and compensating use tax surcharge on certain beverage products; 18% on fruit drinks that contain less than 70% of natural fruit juice and soft drinks, soda and beverages that are ordinarily dispensed at soda fountains; does not apply to diet soda; raises replacement certificates of registration from four dollars to fifteen dollars for motor vehicles and for any trailer, semi-trailer, dolly or other device drawn thereby; imposes an additional rate of sales tax on certain luxury property; eliminates the expiration of and make permanent the provisions of law authorizing the quick draw lottery game; eliminates restrictions on the manner in which the quick draw lottery game is authorized to be conducted; relates to participation in more than one joint, multi-jurisdictional and out of state lottery; allows for participation in more than one such group at any time; creates a new grocery store or drug store wine license; provides schedule of fees for stores in business for less than twelve months and for stores in business for twelve months and longer; increases taxes paid by distributors of beer and wine; provides for a special floor tax to be imposed on beer and wine products under contract but not delivered prior to the effective date of the tax increase; increases the special tax on passenger car rentals from 5% to 6% of the receipts therefrom; relates to imposing a sales and compensating use tax on certain transportation services; expands sales taxes on certain amusement charges; relates to narrowing the sales tax definition and treatment of capitol improvements; imposes higher penalties for tax scofflaws.

Sponsors


History

DateChamberAction
2009-01-21 print number 160a
2009-01-21 amend and recommit to ways and means
2009-01-07 referred to ways and means

Same As/Similar To

S00060 (Same As) 2009-01-21 - PRINT NUMBER 60A

New York State Sources


Bill Comments

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