Bill Text: NY A01710 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides a maximum $200 tax credit for taxpayer expenses associated with the development of open source and free software license programs.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-01-16 - referred to ways and means [A01710 Detail]

Download: New_York-2019-A01710-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1710
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M. of A. QUART, JAFFEE, WEPRIN -- read once and referred
          to the Committee on Ways and Means
        AN ACT to amend the tax law, in relation to providing a  tax  credit  to
          individuals  for  up to two hundred dollars of expenses related to the
          development and posting of an open source or free license program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Section  606  of the tax law is amended by adding a new
     2  subsection (jjj) to read as follows:
     3    (jjj) Open source or free license credit.  (1)  A  taxpayer  shall  be
     4  allowed a credit, to be computed as provided in this subsection, against
     5  the  tax  imposed  pursuant to section six hundred one of this part. The
     6  amount of credit shall equal up to twenty percent of the  total  out-of-
     7  pocket  expenses  of  the  taxpayer used in the development of a program
     8  that is provided to the public under an open  source  or  free  software
     9  license, up to a maximum of two hundred dollars.
    10    (2)  For  the purposes of this subsection, a program shall qualify for
    11  the credit provided by this subsection if the code for such program  has
    12  been released under an open source license recognized by the Open Source
    13  Initiative,  or  has  been released under a free software license recog-
    14  nized by the Free Software Foundation.
    15    (3) This subsection shall apply to any individual for any taxable year
    16  only if such individual elects to have this section apply for such taxa-
    17  ble year. An election to have this section apply may not be made for any
    18  taxable year if such election is in effect with respect to such individ-
    19  ual for any other taxable year and pertaining to the same program or any
    20  portion thereof.
    21    (4) In no event shall the  amount  of  the  credit  provided  by  this
    22  subsection  exceed  the taxpayer's tax for the taxable year. However, if
    23  the amount of credit otherwise allowable pursuant to this subsection for
    24  any taxable year results in such excess amount, any amount of credit not
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01423-01-9

        A. 1710                             2
     1  deductible in such taxable year may be carried  over  to  the  following
     2  year  or years and may be deducted from the taxpayer's tax for such year
     3  or years.
     4    § 2. This act shall take effect immediately and shall apply to taxable
     5  years  beginning  on  and after the first of January next succeeding the
     6  date on which it shall have become a law.
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