Bill Text: NY A02415 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a business tax credit for businesses that provide their communities with social spaces that specifically allow persons age sixty-five or older to gather and stay for extended periods of time.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A02415 Detail]
Download: New_York-2015-A02415-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2415
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. KIM, WEPRIN, MOSLEY, SIMOTAS, BRAUNSTEIN, MOYA,
CRESPO, SEPULVEDA, ROSENTHAL, ROZIC, MILLER -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a business tax
credit for businesses that provide their communities with social spac-
es that specifically allow persons age sixty-five or older to gather
and stay for extended periods of time
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. COMMUNITY CORNER CAFE TAX CREDIT. (A) GENERAL. FOR TAXABLE YEARS
4 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, A TAXPAYER
5 WHO QUALIFIES AS A TRIPLE-C BUSINESS SHALL BE ALLOWED A CREDIT, TO BE
6 COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY
7 THIS ARTICLE, FOR PROVIDING A QUALIFYING SOCIAL SETTING FOR EXTENDED
8 PERIODS OF TIME TO PERSONS AGE SIXTY-FIVE OR OLDER. THE TAXPAYER MAY
9 CLAIM THE CREDIT IN THE YEAR IN WHICH IT HAS PROVIDED SUCH SETTING FOR
10 ONE YEAR. IF THE TAXPAYER CLAIMS THE CREDIT ALLOWED UNDER THIS SUBDIVI-
11 SION, THE TAXPAYER MAY NOT USE THE PROVISION OF SUCH SOCIAL SETTING THAT
12 IS THE BASIS FOR THIS CREDIT ON THE BASIS OF ANY OTHER CREDIT ALLOWED
13 UNDER THIS ARTICLE.
14 (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL BE AT
15 LEAST FIVE THOUSAND DOLLARS BUT SHALL NOT EXCEED TWENTY-FIVE THOUSAND
16 DOLLARS.
17 (C) AS USED IN THIS SUBDIVISION: (1) A TRIPLE-C BUSINESS MEANS A BUSI-
18 NESS CERTIFIED BY THE DEPARTMENT AS A COMMUNITY CORNER CAFE BUSINESS. A
19 TAXPAYER SHALL APPLY TO THE DEPARTMENT FOR CERTIFICATION AS A TRIPLE-C
20 BUSINESS IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE
21 COMMISSIONER AND BY SUBMITTING TO THE DEPARTMENT, IN SUCH FORM AS THE
22 DEPARTMENT MAY REQUIRE, PROOF OF PARTNERSHIP WITH AT LEAST ONE 501(C)3
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00404-02-5
A. 2415 2
1 COMMUNITY-BASED GROUP THAT SERVES SENIORS, AN OFFICIAL RECOMMENDATION
2 FROM A LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL AND A SIGNED AGREEMENT
3 OF GUIDELINE TERMS.
4 (2) A "QUALIFYING SOCIAL SETTING" MEANS AN AREA OF THE TAXPAYER'S
5 CAFE, COFFEE SHOP, DINER OR RESTAURANT WHICH IS DESIGNATED FOR USE BY
6 PERSONS SIXTY-FIVE YEARS OR OLDER FOR THE PURPOSE OF SOCIAL GATHERINGS
7 FOR EXTENDED PERIODS OF TIME, WITHOUT THE REQUIREMENT THAT SUCH PERSONS
8 MAKE A PURCHASE OF GOODS OR SERVICES FROM THE TAXPAYER'S FACILITY.
9 (D) CARRYOVERS. IN NO EVENT SHALL THE CREDIT ALLOWED UNDER THIS SUBDI-
10 VISION FOR ANY TAXABLE YEAR REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
11 THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
12 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF
13 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
14 TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
15 TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
16 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
17 EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
18 SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
19 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
20 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
21 of the tax law is amended by adding a new clause (xli) to read as
22 follows:
23 (XLI) COMMUNITY CORNER CAFE AMOUNT OF THE CREDIT UNDER
24 TAX CREDIT SUBDIVISION
25 UNDER SUBSECTION (CCC) FORTY-NINE OF
26 SECTION TWO HUNDRED TEN-B
27 S 3. Section 606 of the tax law is amended by adding a new subsection
28 (ccc) to read as follows:
29 (CCC) COMMUNITY CORNER CAFE CREDIT. A TAXPAYER SHALL BE ALLOWED A
30 CREDIT, TO BE COMPUTED AS PROVIDED IN SUBDIVISION FORTY-NINE OF SECTION
31 TWO HUNDRED TEN-B OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
32 CLE. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
33 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
34 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
35 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
36 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
37 S 4. The commissioner of the department of taxation and finance is
38 authorized to and shall take all measures he or she deems necessary to
39 implement the provisions of this act on or before its effective date,
40 including establishing all guidelines, criteria and procedures necessary
41 to implement the Triple-C business certification process.
42 S 5. This act shall take effect immediately and shall apply to taxable
43 years beginning on or after January 1, 2015.
