Bill Text: NY A02075 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the small business relief act; establishes the credit for college to work program; authorizes certain counties to impose taxes at a lower rate than the uniform local rate; relates to research and development commercialization enterprises; exempts equipment with a purchase price of five hundred dollars or more purchased by any company located in an incubator facility that is associated with a college; provides a small business electric energy credit; eliminates the residential restriction on heating exemptions.
Spectrum: Partisan Bill (Republican 44-1)
Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A02075 Detail]
Download: New_York-2011-A02075-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2075
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. REILICH, TEDISCO, KOLB, BUTLER, HAYES -- Multi-
Sponsored by -- M. of A. AMEDORE, BARCLAY, BOYLE, BURLING, CALHOUN,
CONTE, CORWIN, CROUCH, DUPREY, FINCH, GIGLIO, HAWLEY, JORDAN,
P. LOPEZ, McDONOUGH, McKEVITT, J. MILLER, MOLINARO, OAKS, RABBITT,
RAIA, SALADINO, SAYWARD, THIELE, TOBACCO -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the computation of tax (Part
A); to amend the tax law, in relation to the credit for college work
program (Part B); to amend the tax law, in relation to authorizing
counties to impose certain taxes at a lower rate than the uniform
local rate (Part C); to amend the tax law, in relation to increasing
the amount of tax (Part D); to amend the general municipal law and the
tax law, in relation to research and development commercialization
enterprises (Part E); to amend the tax law, in relation to certain
taxes (Part F); to amend the tax law, in relation to exempting certain
equipment from taxes (Part G); to amend the tax law, in relation to a
small business electric energy tax credit (Part H); to amend the tax
law, in relation to eliminating the residential restriction for heat-
ing exemptions (Part I); to amend the tax law, in relation to estab-
lishing a credit for on-the-job training (Part J); and to amend the
real property tax law, in relation to extending the benefits of the
STAR program to small businesses (Part K)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law components of legislation relating
2 to the "small business relief act of 2011". Each component is wholly
3 contained within a Part identified as Parts A through K. The effective
4 date for each particular provision contained within such Part is set
5 forth in the last section of such Part. Any provision in any section
6 contained within a Part, including the effective date of the Part, which
7 makes reference to a section "of this act", when used in connection with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04050-01-1
A. 2075 2
1 that particular component, shall be deemed to mean and refer to the
2 corresponding section of the Part in which it is found. Section three of
3 this act sets forth the general effective date of this act.
4 PART A
5 Section 1. Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
6 sion 1 of section 210 of the tax law, as amended by section 2 of part N
7 of chapter 60 of the laws of 2007, are amended to read as follows:
8 (iii) for taxable years beginning on or after January first, two thou-
9 sand five [and ending before January first, two thousand seven], if the
10 entire net income base is not more than two hundred ninety thousand
11 dollars the amount shall be six and one-half percent of the entire net
12 income base; if the entire net income base is more than two hundred
13 ninety thousand dollars but not over three hundred ninety thousand
14 dollars the amount shall be the sum of (1) eighteen thousand eight
15 hundred fifty dollars, (2) seven and one-half percent of the excess of
16 the entire net income base over two hundred ninety thousand dollars but
17 not over three hundred ninety thousand dollars and (3) seven and one-
18 quarter percent of the excess of the entire net income base over three
19 hundred fifty thousand dollars but not over three hundred ninety thou-
20 sand dollars;
21 (iv) for taxable years beginning on or after [January first, two thou-
22 sand seven] JUNE THIRTIETH, TWO THOUSAND TWELVE, if the entire net
23 income base is not more than two hundred ninety thousand dollars the
24 amount shall be [six and one-half] FIVE AND EIGHTY-FIVE HUNDREDTHS
25 percent of the entire net income base; if the entire net income base is
26 more than two hundred [ninety] thousand dollars but not over three
27 hundred ninety thousand dollars the amount shall be the sum of (1)
28 [eighteen thousand eight hundred fifty] ELEVEN THOUSAND SEVEN HUNDRED
29 dollars, (2) [seven and one-tenth] SIX AND EIGHTY-FIVE HUNDREDTHS
30 percent of the excess of the entire net income base over two hundred
31 [ninety] thousand dollars [but not over three hundred ninety thousand
32 dollars] and (3) [four and thirty-five hundredths] FIVE percent of the
33 excess of the entire net income base over [three] TWO hundred fifty
34 thousand dollars [but not over three hundred ninety thousand dollars];
35 S 2. This act shall take effect immediately and shall apply to taxable
36 years beginning on and after July 1, 2012.
37 PART B
38 Section 1. Section 210 of the tax law is amended by adding a new
39 subdivision 22-a to read as follows:
40 22-A. CREDIT FOR COLLEGE TO WORK PROGRAM. (A) ALLOWANCE OF CREDIT. A
41 TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
42 PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON ITS
43 PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON BEHALF OF AN
44 INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK FOR THE
45 TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREEMENT
46 BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
47 (B) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
48 MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
49 INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
50 FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
51 EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
52 REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
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1 REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
2 THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
3 EXCLUDED FROM THE DEFINITION OF "TUITION".
4 (C) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
5 THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
6 HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
7 SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
8 ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
9 ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
10 UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
11 LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
12 DIPLOMA.
13 (D) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
14 IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
15 OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
16 CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
17 (E) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
18 AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
19 AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
20 LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
21 FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
22 DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
23 THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
24 CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
25 VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
26 QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
27 TAXPAYER FOR THE AGREED UPON TERM.
28 (F) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
29 A TAXPAYER WHICH PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION
30 UNDER THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBDIVISION, SHALL
31 BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE
32 EXTENT OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S
33 TUITION, BUT SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE
34 YEAR FOR EACH SUCH QUALIFIED INDIVIDUAL.
35 (G) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
36 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
37 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
38 SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
39 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
40 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
41 MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
42 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
43 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
44 of the tax law is amended by adding a new clause (xxxii) to read as
45 follows:
46 (XXXII) COLLEGE TO WORK PROGRAM AMOUNT OF CREDIT UNDER
47 CREDIT UNDER SUBSECTION SUBDIVISION TWENTY-TWO-A
48 (S-1) OF SECTION TWO HUNDRED TEN
49 S 3. Section 606 of the tax law is amended by adding a new subsection
50 (s-1) to read as follows:
51 (S-1) CREDIT FOR COLLEGE TO WORK PROGRAM. (1) ALLOWANCE OF CREDIT. A
52 TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
53 PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON SUCH
54 TAXPAYER'S PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON
55 BEHALF OF AN INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK
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1 FOR THE TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREE-
2 MENT BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
3 (2) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
4 MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
5 INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
6 FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
7 EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
8 REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
9 REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
10 THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
11 EXCLUDED FROM THE DEFINITION OF "TUITION".
12 (3) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
13 THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
14 HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
15 SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
16 ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
17 ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
18 UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
19 LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
20 DIPLOMA.
21 (4) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
22 IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
23 OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
24 CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
25 (5) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
26 AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
27 AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
28 LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
29 FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
30 DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
31 THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
32 CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
33 VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
34 QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
35 TAXPAYER FOR THE AGREED UPON TERM.
36 (6) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
37 A TAXPAYER WHO PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION UNDER
38 THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBSECTION, SHALL BE
39 ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE EXTENT
40 OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S TUITION, BUT
41 SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE YEAR FOR EACH
42 SUCH QUALIFIED INDIVIDUAL.
43 (7) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
44 FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX AMOUNT, ANY AMOUNT
45 OF THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND
46 MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
47 S 4. This act shall take effect immediately and shall apply to taxa-
48 ble years beginning on and after January 1, 2012.
49 PART C
50 Section 1. Subdivision (a) of section 1210 of the tax law is amended
51 by adding a new paragraph 3-a to read as follows:
52 (3-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
53 COUNTY, MAY, BY LOCAL LAW, PROVIDE THAT THE TAXES IMPOSED, PURSUANT TO
54 THIS SUBDIVISION, BY SUCH COUNTY ON THE RETAIL SALE OR USE OF FUEL OIL
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1 AND COAL USED FOR BUSINESS PURPOSES, THE RETAIL SALE OR USE OF WOOD USED
2 FOR BUSINESS HEATING PURPOSES AND THE SALE, OTHER THAN FOR RESALE, OF
3 PROPANE (EXCEPT WHEN SOLD IN CONTAINERS OF LESS THAN ONE HUNDRED
4 POUNDS), NATURAL GAS, ELECTRICITY, STEAM AND GAS, ELECTRIC AND STEAM
5 SERVICES USED FOR BUSINESS PURPOSES MAY BE IMPOSED AT A LOWER RATE THAN
6 THE UNIFORM LOCAL RATE IMPOSED PURSUANT TO THE OPENING PARAGRAPH OF THIS
7 SECTION, AS LONG AS SUCH RATE IS ONE OF THE RATES AUTHORIZED BY SUCH
8 PARAGRAPH OR SUCH SALE OR USE MAY BE EXEMPTED FROM SUCH TAXES.
9 PROVIDED, HOWEVER, SUCH LOWER RATE SHALL APPLY TO ALL SUCH ENERGY SOURC-
10 ES AND SERVICES AND AT THE SAME RATE AND NO SUCH EXEMPTION MAY BE
11 ENACTED UNLESS SUCH EXEMPTION APPLIES TO ALL SUCH ENERGY SOURCES AND
12 SERVICES. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A SALE OR
13 USE OF (I) DIESEL MOTOR FUEL WHICH INVOLVES A DELIVERY AT A FILLING
14 STATION OR INTO A REPOSITORY WHICH IS EQUIPPED WITH A HOSE OR OTHER
15 APPARATUS BY WHICH SUCH FUEL CAN BE DISPENSED INTO THE FUEL TANK OF A
16 MOTOR VEHICLE AND (II) ENHANCED DIESEL MOTOR FUEL EXCEPT IN THE CASE OF
17 A SALE OR USE OF SUCH ENHANCED DIESEL MOTOR FUEL USED EXCLUSIVELY FOR
18 BUSINESS PURPOSES WHICH IS DELIVERED INTO A STORAGE TANK WHICH IS NOT
19 EQUIPPED WITH A HOSE OR OTHER APPARATUS BY WHICH SUCH FUEL CAN BE
20 DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE AND SUCH STORAGE TANK IS
21 ATTACHED TO THE HEATING UNIT BURNING SUCH FUEL.
22 S 2. This act shall take effect immediately.
23 PART D
24 Section 1. Paragraph 2 of subdivision (f) of section 1137 of the tax
25 law, as amended by section 1 of part H of chapter 62 of the laws of
26 2006, is amended to read as follows:
27 (2) The amount of the credit authorized by paragraph one of this
28 subdivision shall be [five] TEN percent of the amount of taxes and fees
29 (but not including any penalty or interest thereon) required to be
30 reported on, and paid or paid over with, the return but only if the
31 return is filed on or before the filing due date, but not more than two
32 hundred FIFTY dollars[,] for each quarterly or longer period, except
33 that, with respect to returns required to be filed for quarterly or
34 longer periods ending on or before the last day of February, two thou-
35 sand seven, the amount of the credit shall be not more than one hundred
36 seventy-five dollars for each such quarterly or longer period.
37 S 2. This act shall take effect immediately; provided that this act
38 shall apply only to returns required to be filed under section 1136 of
39 the tax law for quarterly periods which begin on or after September 1,
40 2012 and to returns for longer periods and authorized annual return
41 periods required to be filed after September 1, 2012.
42 PART E
43 Section 1. The general municipal law is amended by adding a new
44 section 959-c to read as follows:
45 S 959-C. RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. (A)
46 FOR PURPOSES OF THIS SECTION, "RESEARCH AND DEVELOPMENT COMMERCIALIZA-
47 TION ENTERPRISES" SHALL MEAN ANY BUSINESS PRIMARILY ENGAGED IN RESEARCH,
48 OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A CENTER OF EXCELLENCE, AS
49 DEFINED IN SECTION THREE OF PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF
50 TWO THOUSAND TWO, OR AT A GEN*NY*SIS CENTER AS ESTABLISHED PURSUANT TO
51 SECTION TWO HUNDRED NINE-R OF THE EXECUTIVE LAW. A BUSINESS IS PRIMARI-
52 LY ENGAGED IN RESEARCH, OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A
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1 CENTER FOR EXCELLENCE, OR AT A GEN*NY*SIS CENTER IF EIGHTY PERCENT OR
2 MORE OF ITS PROPERTY IN NEW YORK IS UTILIZED FOR SUCH PURPOSES.
3 (B) THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL SERVE AS THE SOLE
4 CERTIFICATION OFFICER FOR BUSINESSES SEEKING CERTIFICATION AS RESEARCH
5 AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. THE COMMISSIONER OF
6 ECONOMIC DEVELOPMENT, SHALL PROMULGATE REGULATIONS GOVERNING (I) CRITE-
7 RIA OF ELIGIBILITY FOR DESIGNATION OF RESEARCH AND DEVELOPMENT COMMER-
8 CIALIZATION ENTERPRISES, (II) THE APPLICATION PROCESS, AND (III) THE
9 CERTIFICATION BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AS TO THE
10 ELIGIBILITY OF BUSINESS ENTERPRISES FOR BENEFITS REFERRED TO IN SECTION
11 NINE HUNDRED SIXTY-SIX OF THIS ARTICLE. A BUSINESS SO CERTIFIED SHALL BE
12 DEEMED TO BE ELIGIBLE FOR SUCH BENEFITS AS IF SUCH BUSINESS WERE LOCATED
13 IN AN INVESTMENT ZONE AS DEFINED IN PARAGRAPH (I) OF SUBDIVISION (D) OF
14 SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE. NO SUCH CERTIFICATION
15 SHALL BE MADE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN.
16 (C) SUCH ENTERPRISE SHALL BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH
17 (III) OF SUBDIVISION (A) OF SECTION NINE HUNDRED FIFTY-EIGHT, SECTIONS
18 NINE HUNDRED SIXTY-ONE, NINE HUNDRED SIXTY-TWO AND NINE HUNDRED
19 SIXTY-THREE OF THIS ARTICLE.
20 S 2. Section 14 of the tax law is amended by adding a new subdivision
21 (o) to read as follows:
22 (O) RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. IN DETER-
23 MINING TAX BENEFITS UNDER THIS CHAPTER FOR RESEARCH AND DEVELOPMENT
24 COMMERCIALIZATION ENTERPRISES CERTIFIED UNDER ARTICLE EIGHTEEN-B OF THE
25 GENERAL MUNICIPAL LAW, REFERENCES IN THIS SECTION AND OTHER SECTIONS IN
26 THIS CHAPTER RELATING TO QUALIFIED EMPIRE ZONE ENTERPRISES AND EMPIRE
27 ZONE BENEFITS TO "AN EMPIRE ZONE", "THE EMPIRE ZONE" AND "THE EMPIRE
28 ZONES" SHALL BE READ AS REFERENCES TO "NEW YORK STATE", AND ANY TESTS OR
29 MEASUREMENTS RELATING TO EMPLOYMENT FOR PURPOSES OF EMPIRE ZONE BENEFITS
30 UNDER THIS CHAPTER SHALL BE CALCULATED WITH RESPECT TO EMPLOYMENT WITHIN
31 THE ENTIRE STATE, AND REFERENCES TO "QEZES" SHALL BE READ AS INCLUDING
32 REFERENCES TO SUCH RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTER-
33 PRISES THAT MEET THE EMPLOYMENT TEST IN THIS SECTION. FOR PURPOSES OF
34 TAX REDUCTION CREDIT ALLOWED UNDER SECTION SIXTEEN OF THIS ARTICLE, FOR
35 RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES, THE ZONE ALLO-
36 CATION FACTOR SHALL BE ONE HUNDRED PERCENT.
37 S 3. Subdivision (j) of section 14 of the tax law is amended by adding
38 a new paragraph 6 to read as follows:
39 (6) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A BUSINESS
40 ENTERPRISE WHICH IS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
41 AS THE OWNER OF A RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISE
42 PURSUANT TO SECTION NINE HUNDRED FIFTY-NINE-C OF THE GENERAL MUNICIPAL
43 LAW SHALL BE DEEMED TO BE A NEW BUSINESS UNDER THIS SECTION. PROVIDED,
44 HOWEVER, TO BE DEEMED A NEW BUSINESS UNDER THIS PARAGRAPH, SUCH BUSINESS
45 ENTERPRISE SHALL HAVE RECEIVED CERTIFICATION UNDER ARTICLE EIGHTEEN-B OF
46 THE GENERAL BUSINESS LAW BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOUR-
47 TEEN.
48 S 4. This act shall take effect immediately.
49 PART F
50 Section 1. Subparagraph 1 of paragraph (g) of subdivision 1 of section
51 210 of the tax law, as amended by section 4 of part AA-1 of chapter 57
52 of the laws of 2008, is amended to read as follows:
53 (1) General. The amount prescribed by this paragraph shall be, in the
54 case of each New York S corporation, (i) the higher of the amounts
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1 prescribed in paragraphs (a) and (d) of this subdivision (other than the
2 amount prescribed in the final clause of subparagraph one of that para-
3 graph (d)) (ii) reduced by the article twenty-two tax equivalent;
4 provided, however, that the amount thus determined shall not be less
5 than the lowest of the amounts prescribed in subparagraph one of that
6 paragraph (d) (applying the provisions of subparagraph three of that
7 paragraph as necessary). Provided, however, notwithstanding any
8 provision of this paragraph, in taxable years beginning in two thousand
9 three and before two thousand eight, the amount prescribed by this para-
10 graph shall be the amount prescribed in subparagraph one of that para-
11 graph (d) (applying the provisions of subparagraph three of that para-
12 graph as necessary) and applying the calculation of that amount in the
13 case of a termination year as set forth in subparagraph four of this
14 paragraph as necessary. In taxable years beginning in two thousand eight
15 [and thereafter] AND TWO THOUSAND ELEVEN, the amount prescribed by this
16 paragraph is the amount prescribed in subparagraph four of that para-
17 graph (d) (applying the provisions of subparagraph three of that para-
18 graph as necessary) and applying the calculation of that amount in the
19 case of a termination year as set forth in subparagraph four of this
20 paragraph as necessary. PROVIDED FURTHER, AND NOTWITHSTANDING ANY
21 PROVISION OF THIS PARAGRAPH, IN TAXABLE YEARS BEGINNING IN AND AFTER TWO
22 THOUSAND TWELVE, THE AMOUNT PRESCRIBED BY THIS PARAGRAPH SHALL EQUAL
23 ZERO, BUT THE PROVISIONS OF THIS PARAGRAPH SHALL HAVE NO EFFECT ON THE
24 AMOUNT PRESCRIBED BY THE ARTICLE TWENTY-TWO TAX EQUIVALENT.
25 S 2. This act shall take effect immediately and shall apply to taxable
26 years beginning on or after January 1, 2012.
27 PART G
28 Section 1. Subdivision (a) of section 1115 of the tax law is amended
29 by adding a new paragraph 44 to read as follows:
30 (44) EQUIPMENT WITH A PURCHASE PRICE OF FIVE HUNDRED DOLLARS OR GREAT-
31 ER PURCHASED BY ANY COMPANY LOCATED IN AN INCUBATOR FACILITY THAT IS
32 ASSOCIATED WITH A COLLEGE, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
33 OF THE EDUCATION LAW, OR AN INCUBATOR FACILITY THAT IS FUNDED BY THE
34 STATE. SUCH EQUIPMENT MUST BE USED DIRECTLY AND PREDOMINANTLY WITHIN
35 SUCH AFOREMENTIONED INCUBATOR FACILITY.
36 S 2. This act shall take effect on the first day of a sales tax quar-
37 terly period, as such period is described in subdivision (b) of section
38 1136 of the tax law, beginning at least 45 days after the date on which
39 this act shall have become a law and shall apply to sales made on or
40 after such date although rendered or made under prior contract.
41 PART H
42 Section 1. Section 210 of the tax law is amended by adding a new
43 subdivision 43 to read as follows:
44 43. SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (A) A TAXPAYER THAT IS
45 ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH (B) OF THIS SUBDI-
46 VISION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
47 CLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT OF TWO
48 CENTS PER KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT
49 THE TAXPAYER'S PRIMARY BUSINESS LOCATION.
50 (B) AN ELIGIBLE TAXPAYER SHALL:
51 (I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
52 YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
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1 (II) NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S PRIMARY
2 BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S PLACE OF
3 RESIDENCE;
4 (III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
5 MUNICIPAL LAW; AND
6 (IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
7 AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
8 (C) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
9 ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
10 TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
11 LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
12 USAGE COST.
13 (II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
14 OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
15 TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
16 (III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
17 FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
18 SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AS
19 AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
20 THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
21 THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
22 DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
23 THE TAXPAYER.
24 (D) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
25 THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
26 ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
27 PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
28 PROVIDER.
29 (E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
30 SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE HIGHER OF
31 THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF
32 THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDI-
33 VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT
34 OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN
35 OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
36 PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
37 HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHT-
38 Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
39 EON.
40 S 2. Section 606 of the tax law is amended by adding a new subsection
41 (aaa) to read as follows:
42 (AAA) SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (1) A TAXPAYER THAT
43 IS ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH TWO OF THIS
44 SUBSECTION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS
45 ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT (OR PRO
46 RATA SHARE OF THE PRODUCT IN THE CASE OF A PARTNERSHIP) OF TWO CENTS PER
47 KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT THE TAXPAY-
48 ER'S PRIMARY BUSINESS LOCATION.
49 (2) AN ELIGIBLE TAXPAYER SHALL:
50 (I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
51 YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
52 (II) SHALL NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S
53 PRIMARY BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S
54 PLACE OF RESIDENCE;
55 (III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
56 MUNICIPAL LAW; AND
A. 2075 9
1 (IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
2 AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
3 (3) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
4 ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
5 TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
6 LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
7 USAGE COST.
8 (II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
9 OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
10 TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
11 (III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
12 FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
13 SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER, AS
14 AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
15 THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
16 THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
17 DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
18 THE TAXPAYER.
19 (4) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
20 THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
21 ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
22 PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
23 PROVIDER.
24 (5) IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
25 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
26 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
27 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
28 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
29 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
30 of the tax law is amended by adding a new clause (xxxiii) to read as
31 follows:
32 (XXXIII) SMALL BUSINESS ELECTRICITY QUALIFYING ELECTRICITY USAGE
33 ENERGY CREDIT UNDER SUBDIVISION FORTY-THREE
34 UNDER SUBSECTION (AAA) OF SECTION TWO HUNDRED TEN
35 S 4. This act shall take effect immediately and shall apply to taxable
36 years beginning on or after January 1, 2012.
37 PART I
38 Section 1. Subdivision (d) of section 301-b of the tax law, as amended
39 by section 2 of part H of chapter 407 of the laws of 1999, subparagraph
40 (C) of paragraph 2 as amended by section 1 of part X of chapter 63 of
41 the laws of 2000, is amended to read as follows:
42 (d) Sales to consumers for heating purposes. [(1) Total residential
43 heating] HEATING exemption. (A) Unenhanced diesel motor fuel sold by a
44 petroleum business registered under article twelve-A of this chapter as
45 a distributor of diesel motor fuel or residual petroleum product sold by
46 a petroleum business registered under this article as a residual petro-
47 leum product business to the consumer exclusively for [residential]
48 heating purposes.
49 (B) Enhanced diesel motor fuel sold by a petroleum business registered
50 under article twelve-A of this chapter as a distributor of diesel motor
51 fuel to the consumer exclusively for [residential] heating purposes but
52 only if such enhanced diesel motor fuel is delivered into a storage tank
A. 2075 10
1 which is not equipped with a hose or other apparatus by which such fuel
2 can be dispensed into the fuel tank of a motor vehicle and such storage
3 tank is attached to the heating unit burning such fuel, provided, that
4 with respect to each delivery of such fuel over four thousand five
5 hundred gallons, to obtain this exemption there shall be required a
6 certificate signed by the purchaser stating that the product will be
7 used exclusively for [residential] heating purposes.
8 [(2) Partial non-residential heating exemption. (A) Unenhanced diesel
9 motor fuel sold by a petroleum business registered under article
10 twelve-A of this chapter as a distributor of diesel motor fuel or resi-
11 dual petroleum product sold by a petroleum business registered under
12 this article as a residual petroleum product business to the consumer
13 exclusively for heating, other than residential heating purposes.
14 (B) Enhanced diesel motor fuel sold by a petroleum business registered
15 under article twelve-A of this chapter as a distributor of diesel motor
16 fuel to the consumer exclusively for heating, other than residential
17 heating purposes, but only if such enhanced diesel motor fuel is deliv-
18 ered into a storage tank which is not equipped with a hose or other
19 apparatus by which such fuel can be dispensed into the fuel tank of a
20 motor vehicle and such storage tank is attached to the heating unit
21 burning such fuel, provided, that with respect to each delivery of such
22 fuel over four thousand five hundred gallons, to obtain this exemption
23 there shall be required a certificate signed by the purchaser stating
24 that the product will be used exclusively for heating, other than resi-
25 dential heating purposes.
26 (C) Calculation of partial exemption. Notwithstanding any other
27 provision of this article, commencing April first, two thousand one and
28 ending August thirty-first, two thousand two, the amount of the partial
29 exemption under this paragraph shall be determined by multiplying the
30 quantity of diesel motor fuel and residual petroleum product eligible
31 for the exemption times the sum of the then current rate of the supple-
32 mental tax imposed by section three hundred one-j of this article and
33 twenty percent of the then current rate of the tax imposed by section
34 three hundred one-a of this article, with respect to the specific diesel
35 motor fuel or residual petroleum product rate, as the case may be, and
36 commencing September first, two thousand two, the amount of the partial
37 exemption under this paragraph shall be determined by multiplying the
38 quantity of diesel motor fuel and residual petroleum product eligible
39 for the exemption times the sum of the then current rate of the supple-
40 mental tax imposed by section three hundred one-j of this article and
41 forty-six percent of the then current rate of the tax imposed by section
42 three hundred one-a of this article, with respect to the specific diesel
43 motor fuel or residual petroleum product rate, as the case may be.]
44 S 2. Subdivision (a) of section 301-c of the tax law, as amended by
45 section 4 of part H of chapter 407 of the laws of 1999 and subparagraph
46 (B) of paragraph 2 as amended by section 2 of part X of chapter 63 of
47 the laws of 2000, is amended to read as follows:
48 (a) Diesel motor fuel used for heating purposes. [(1)] Total [residen-
49 tial] heating reimbursement. Diesel motor fuel purchased in this state
50 and sold by such purchaser to a consumer for use exclusively for [resi-
51 dential] heating purposes but only where (i) such diesel motor fuel is
52 delivered into a storage tank which is not equipped with a hose or other
53 apparatus by which such fuel can be dispensed into the fuel tank of a
54 motor vehicle and such storage tank is attached to the heating unit
55 burning such fuel, (ii) the tax imposed pursuant to this article has
56 been paid with respect to such diesel motor fuel and the entire amount
A. 2075 11
1 of such tax has been absorbed by such purchaser, and (iii) such purchas-
2 er possesses documentary proof satisfactory to the commissioner evidenc-
3 ing the absorption by it of the entire amount of the tax imposed pursu-
4 ant to this article. Provided, however, that the commissioner is
5 authorized, in the event that the commissioner determines that it would
6 not threaten the integrity of the administration and enforcement of the
7 tax imposed by this article, to provide a reimbursement with respect to
8 a retail sale to a consumer for [residential] heating purposes of less
9 than ten gallons of diesel motor fuel provided such fuel is not
10 dispensed into the tank of a motor vehicle. Provided, further, that with
11 respect to each delivery of enhanced diesel motor fuel of over four
12 thousand five hundred gallons, to obtain this reimbursement there shall
13 be required a certificate signed by the consumer stating that the prod-
14 uct will be used exclusively for [residential] heating purposes.
15 [(2) Partial non-residential heating reimbursement. (A) Diesel motor
16 fuel purchased in this state and sold by such purchaser to a consumer
17 for use exclusively for heating, other than for residential heating
18 purposes, but only where (i) such diesel motor fuel is delivered into a
19 storage tank which is not equipped with a hose or other apparatus by
20 which such fuel can be dispensed into the fuel tank of a motor vehicle
21 and such storage tank is attached to the heating unit burning such fuel,
22 (ii) the tax imposed pursuant to this article has been paid with respect
23 to such diesel motor fuel and the entire amount of such tax has been
24 absorbed by such purchaser, and (iii) such purchaser possesses documen-
25 tary proof satisfactory to the commissioner evidencing the absorption by
26 it of the entire amount of the tax imposed pursuant to this article.
27 Provided, however, that with respect to each delivery of enhanced diesel
28 motor fuel of over four thousand five hundred gallons, to obtain this
29 reimbursement there shall be required a certificate signed by the
30 consumer stating that the product will be used exclusively for heating,
31 other than for residential heating purposes.
32 (B) Calculation of partial reimbursement. Notwithstanding any other
33 provision of this article, commencing April first, two thousand one and
34 ending August thirty-first, two thousand two, the amount of the
35 reimbursement under this paragraph shall be determined by multiplying
36 the quantity of diesel motor fuel eligible for the reimbursement times
37 the sum of the then current rate of the supplemental tax imposed by
38 section three hundred one-j of this article and twenty percent of the
39 then current rate of the tax imposed by section three hundred one-a of
40 this article, with respect to the specific diesel motor fuel rate, as
41 the case may be, and commencing September first, two thousand two, the
42 amount of the reimbursement under this paragraph shall be determined by
43 multiplying the quantity of diesel motor fuel eligible for the
44 reimbursement times the sum of the then current rate of the supplemental
45 tax imposed by section three hundred one-j of this article and forty-six
46 percent of the then current rate of the tax imposed by section three
47 hundred one-a of this article, with respect to the specific diesel motor
48 fuel rate, as the case may be.]
49 S 3. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law.
51 PART J
52 Section 1. Section 210 of the tax law is amended by adding a new
53 subdivision 22-b to read as follows:
A. 2075 12
1 22-B. CREDIT FOR ON-THE-JOB TRAINING. (A) GENERAL. A TAXPAYER, WHO HAS
2 ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
3 AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
4 PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
5 (B) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
6 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
7 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
8 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
9 (C) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
10 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
11 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
12 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
13 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
14 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
15 DEDICATED SPACE FOR THE TRAINING.
16 (D) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
17 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
18 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
19 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
20 ITURES WERE MADE.
21 (E) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
22 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
23 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
24 SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
25 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
26 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
27 MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
28 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
29 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
30 of the tax law is amended by adding a new clause (xxxiv) to read as
31 follows:
32 (XXXIV) CREDIT FOR COSTS UNDER SUBDIVISION
33 ON-THE-JOB TWENTY-TWO-B OF
34 TRAINING UNDER SUBSECTION (BBB) SECTION TWO
35 HUNDRED TEN
36 S 3. Section 606 of the tax law is amended by adding a new subsection
37 (bbb) to read as follows:
38 (BBB) CREDIT FOR ON-THE-JOB TRAINING. (1) GENERAL. A TAXPAYER, WHO
39 HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE
40 COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTI-
41 CLE, FOR PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
42 (2) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
43 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
44 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
45 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
46 (3) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
47 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
48 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
49 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
50 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
51 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
52 DEDICATED SPACE FOR THE TRAINING.
53 (4) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
54 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
A. 2075 13
1 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
2 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
3 ITURES WERE MADE.
4 (5) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
5 FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH TAX YEAR,
6 THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY
7 BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
8 S 4. This act shall take effect immediately and shall apply to taxable
9 years beginning on and after the first of January next succeeding the
10 date on which it shall have become a law.
11 PART K
12 Section 1. Subdivision 3 of section 425 of the real property tax law,
13 as added by section 1 of part B of chapter 389 of the laws of 1997,
14 paragraph (a) as amended by chapter 264 of the laws of 2000, paragraph
15 (b-1) as added by section 1 of part FF of chapter 57 of the laws of
16 2010, paragraph (d) as added by chapter 443 of the laws of 2003, para-
17 graph (e) as added by section 2 of part W of chapter 57 of the laws of
18 2008, is amended to read as follows:
19 3. Eligibility requirements. (a) Property use. To qualify for
20 exemption pursuant to this section, the property must be a one, two or
21 three family residence, a farm dwelling, A SMALL BUSINESS or residential
22 property held in condominium or cooperative form of ownership. If the
23 property is not an eligible type of property, but a portion of the prop-
24 erty is partially used by the owner as a primary residence, that portion
25 which is so used shall be entitled to the exemption provided by this
26 section; provided that in no event shall the exemption exceed the
27 assessed value attributable to that portion.
28 (b) Primary residence. The property must serve as the primary resi-
29 dence of one or more of the owners thereof, UNLESS SUCH PROPERTY IS
30 OWNED BY A SMALL BUSINESS AS DEFINED IN PARAGRAPH (F) OF THIS SUBDIVI-
31 SION.
32 (b-1) Income. For final assessment rolls to be used for the levy of
33 taxes for the two thousand eleven-two thousand twelve school year and
34 thereafter, the parcel's affiliated income may be no greater than five
35 hundred thousand dollars, as determined by the commissioner of taxation
36 and finance pursuant to section one hundred seventy-one-u of the tax
37 law, in order to be eligible for the basic exemption authorized by this
38 section. As used herein, the term "affiliated income" shall mean the
39 combined income of all of the owners of the parcel who resided primarily
40 thereon on the applicable taxable status date, and of any owners' spous-
41 es residing primarily thereon. For exemptions on final assessment rolls
42 to be used for the levy of taxes for the two thousand eleven-two thou-
43 sand twelve school year, affiliated income shall be determined based
44 upon the parties' incomes for the income tax year ending in two thousand
45 nine. In each subsequent school year, the applicable income tax year
46 shall be advanced by one year. The term "income" as used herein shall
47 have the same meaning as in subdivision four of this section.
48 (c) Trusts. If legal title to the property is held by one or more
49 trustees, the beneficial owner or owners shall be deemed to own the
50 property for purposes of this subdivision.
51 (d) Farm dwellings not owned by the resident. (i) If legal title to
52 the farm dwelling is held by an S-corporation or by a C-corporation, the
53 exemption shall be granted if the property serves as the primary resi-
54 dence of a shareholder of such corporation.
A. 2075 14
1 (ii) If the legal title to the farm dwelling is held by a partnership,
2 the exemption shall be granted if the property serves as the primary
3 residence of one or more of the partners.
4 (iii) Any information deemed necessary to establish shareholder or
5 partner status for eligibility purposes shall be considered confidential
6 and exempt from the freedom of information law.
7 (e) Dwellings owned by limited partnerships. (i) If legal title to a
8 dwelling is held by a limited partnership, the exemption shall be grant-
9 ed if the property serves as the primary residence of one or more of the
10 partners, provided that the limited partnership which holds title to the
11 property does not engage in any commercial activity, that the limited
12 partnership was lawfully created to hold title solely for estate plan-
13 ning and asset protection purposes, and that the partner or partners who
14 primarily reside thereon personally pay all of the real property taxes
15 and other costs associated with the property's ownership.
16 (ii) Any information deemed necessary to establish partner status for
17 eligibility purposes shall be considered confidential and exempt from
18 the freedom of information law.
19 (F) SMALL BUSINESSES. FOR THE PURPOSES OF THIS SUBDIVISION:
20 (I) THE TERM "SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH EMPLOYS ONE
21 HUNDRED PERSONS OR LESS AND IS LOCATED ON A NON-RESIDENTIAL PROPERTY
22 USED PRIMARILY FOR COMMERCIAL PURPOSES. SUCH BUSINESS WILL ONLY BE
23 ELIGIBLE FOR THE EXEMPTION IF IT DOES NOT RECEIVE EMPIRE ZONE REAL PROP-
24 ERTY TAX BENEFITS PURSUANT TO SECTION FIFTEEN OF THE TAX LAW OR DOES NOT
25 MAKE PAYMENTS IN LIEU OF TAXES TO THE PUBLIC SCHOOL DISTRICT IN WHICH
26 SUCH SMALL BUSINESS IS LOCATED AT A RATE BELOW THE RATE APPLICABLE TO
27 ALL OTHER PROPERTIES; AND
28 (II) THE TERM "COMMERCIAL" SHALL HAVE THE SAME MEANING AS SET FORTH IN
29 SECTION FOUR HUNDRED EIGHTY-NINE-AAA OF THIS ARTICLE.
30 S 2. This act shall take effect immediately and shall apply to all
31 taxable years beginning on and after January 1, 2012.
32 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
33 sion, section or part of this act shall be adjudged by any court of
34 competent jurisdiction to be invalid, such judgement shall not affect,
35 impair, or invalidate the remainder thereof, but shall be confined in
36 its operation to the clause, sentence, paragraph, subdivision, section
37 or part thereof directly involved in the controversy in which such
38 judgement shall have been rendered. It is hereby declared to be the
39 intent of the legislature that this act would have been enacted even if
40 such invalid provisions had not been included herein.
41 S 3. This act shall take effect immediately provided, however, that
42 the applicable effective date of Parts A through K of this act shall be
43 as specifically set forth in the last section of such Parts.
