Bill Text: NY A02414 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a tax credit for farm vehicle tolls of seventy-five percent of New York state thruway tolls paid for certain farm vehicles.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2015-11-20 - tabled [A02414 Detail]

Download: New_York-2015-A02414-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2414
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced  by M. of A. BARRETT, GUNTHER, ROBERTS, STIRPE, SANTABARBARA,
         RIVERA, BLANKENBUSH, CROUCH, BARCLAY,  DiPIETRO,  McLAUGHLIN,  JAFFEE,
         LOPEZ  --  Multi-Sponsored  by -- M. of A. ARROYO, GLICK, MAGEE, McDO-
         NOUGH, OAKS, SKARTADOS -- read once and referred to the  Committee  on
         Ways and Means
       AN  ACT  to  amend the tax law, in relation to establishing a tax credit
         for farm vehicle tolls
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  210-B  of the tax law is amended by adding a new
    2  subdivision 49 to read as follows:
    3    49. FARM VEHICLE TOLLS TAX CREDIT.  (A)  TAXPAYERS  WHO  OPERATE  FARM
    4  VEHICLES  ON THE NEW YORK STATE THRUWAY MAY CLAIM THE FARM VEHICLE TOLLS
    5  TAX CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AT THE CLOSE  OF  THE
    6  TAX  YEAR  PROVIDED,  HOWEVER, THAT THE UNUSED PORTION OF ANY TAX CREDIT
    7  CLAIMED SHALL NOT BE CARRIED FORWARD AND APPLIED IN ANOTHER TAX YEAR.
    8    (B) FOR THE PURPOSES OF THIS SECTION,  "FARM  VEHICLE"  SHALL  MEAN  A
    9  VEHICLE  WHICH  IS  REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES AND
   10  AUTHORIZED TO TRAVEL ON THE NEW YORK STATE THRUWAY AND HAVING A GVWR  OF
   11  NOT  MORE  THAN TWENTY-SIX THOUSAND POUNDS WHICH IS CONTROLLED AND OPER-
   12  ATED BY A FARMER, IS  USED  TO  TRANSPORT  AGRICULTURAL  PRODUCTS,  FARM
   13  MACHINERY,  FARM  SUPPLIES  OR  ALL OF THE AFOREMENTIONED TO OR FROM THE
   14  FARM AND IS NOT USED IN THE OPERATIONS OF A  COMMON  OR  CONTRACT  MOTOR
   15  CARRIER  AND, SUCH A VEHICLE HAVING A GVWR OF MORE THAN TWENTY-SIX THOU-
   16  SAND POUNDS WHILE BEING USED WITHIN  ONE  HUNDRED  FIFTY  MILES  OF  THE
   17  PERSON'S FARM.
   18    (C)  THE AMOUNT OF THE CREDIT SHALL BE SEVENTY-FIVE PERCENT OF THE NEW
   19  YORK STATE THRUWAY TOLLS PAID BY THE TAXPAYER FOR FARM VEHICLES CLAIMING
   20  THE FARM VEHICLE TOLLS TAX CREDIT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05142-01-5
       A. 2414                             2
    1    (D) TAXPAYER CLAIMING THE FARM VEHICLE TOLLS TAX CREDIT  SHALL  SUBMIT
    2  COPIES  OF  NEW  YORK  STATE THRUWAY TOLL RECEIPTS WITH TAX RETURNS THAT
    3  CLAIM A TAX CREDIT.
    4    S  2. Section 606 of the tax law is amended by adding a new subsection
    5  (ccc) to read as follows:
    6    (CCC) CREDIT FOR FARM VEHICLE TOLLS. (1) GENERAL. A TAXPAYER SHALL  BE
    7  ALLOWED  A  CREDIT  AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR NEW YORK
    8  STATE THRUWAY TOLLS PAID BY  THE  TAXPAYER  FOR  FARM  VEHICLES,  TO  BE
    9  COMPUTED AS PROVIDED IN PARAGRAPH THREE OF THIS SUBSECTION.
   10    (2) DEFINITIONS. FOR PURPOSES OF THIS SUBSECTION, "FARM VEHICLE" SHALL
   11  MEAN A VEHICLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES
   12  AND AUTHORIZED TO TRAVEL ON THE NEW YORK STATE THRUWAY AND HAVING A GVWR
   13  OF  NOT  MORE  THAN  TWENTY-SIX  THOUSAND POUNDS WHICH IS CONTROLLED AND
   14  OPERATED BY A FARMER, IS USED TO TRANSPORT AGRICULTURAL  PRODUCTS,  FARM
   15  MACHINERY,  FARM  SUPPLIES  OR  ALL OF THE AFOREMENTIONED TO OR FROM THE
   16  FARM AND IS NOT USED IN THE OPERATIONS OF A  COMMON  OR  CONTRACT  MOTOR
   17  CARRIER  AND, SUCH A VEHICLE HAVING A GVWR OF MORE THAN TWENTY-SIX THOU-
   18  SAND POUNDS WHILE BEING USED WITHIN  ONE  HUNDRED  FIFTY  MILES  OF  THE
   19  PERSON'S FARM.
   20    (3)  AMOUNT  OF  CREDIT.  THE  AMOUNT  OF CREDIT SHALL BE SEVENTY-FIVE
   21  PERCENT OF THE NEW YORK STATE THRUWAY TOLLS PAID  BY  THE  TAXPAYER  FOR
   22  FARM  VEHICLES. IN NO EVENT SHALL THE CREDIT PROVIDED IN THIS SUBSECTION
   23  BE ALLOWED IN EXCESS OF THE TAXPAYER'S TAX FOR SUCH YEAR.
   24    S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
   25  of  the  tax  law  is  amended  by  adding a new clause (xli) to read as
   26  follows:
   27  (XLI) CREDIT FOR FARM           AMOUNT OF CREDIT
   28  VEHICLE TOLLS UNDER             UNDER SUBDIVISION
   29  SUBSECTION (CCC)                FORTY-NINE OF SECTION
   30                                  TWO HUNDRED TEN-B
   31    S 4. This act shall take effect immediately; provided,  however,  that
   32  the credits established by sections one, two and three of this act shall
   33  apply to taxable years beginning on or after January 1, 2016.