Bill Text: NY A04800 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases the maximum award available under the historic preservation tax credit from five million dollars to nine million dollars over a period of two years.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04800 Detail]

Download: New_York-2019-A04800-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4800
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  LUPARDO, FAHY, PEOPLES-STOKES,
          GALEF, OTIS, ASHBY -- read once and referred to the Committee on  Ways
          and Means
        AN ACT to amend the tax law, in relation to increasing the maximum award
          available under the historic preservation tax credit
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (A) of  paragraph  1  of  subsection  (oo)  of
     2  section  606 of the tax law, as amended by section 1 of part RR of chap-
     3  ter 59 of the laws of 2018, is amended to read as follows:
     4    (A) For taxable years beginning on or after January first,  two  thou-
     5  sand  ten and before January first, two thousand twenty-five, a taxpayer
     6  shall be allowed a credit  as  hereinafter  provided,  against  the  tax
     7  imposed  by  this  article, in an amount equal to one hundred percent of
     8  the amount of credit allowed the taxpayer with respect  to  a  certified
     9  historic  structure under internal revenue code section 47(c)(3), deter-
    10  mined without regard to ratably allocating the credit over a  five  year
    11  period as required by subsection (a) of such section 47, with respect to
    12  a  certified  historic  structure  located  within  the state. Provided,
    13  however, the credit shall not exceed [five]  seven  million  dollars  in
    14  state  fiscal year two thousand twenty--two thousand twenty-one and nine
    15  million dollars in state fiscal year two thousand twenty-one--two  thou-
    16  sand twenty-two.  For taxable years beginning on or after January first,
    17  two  thousand twenty-five, a taxpayer shall be allowed a credit as here-
    18  inafter provided, against the tax imposed by this article, in an  amount
    19  equal  to  thirty  percent  of the amount of credit allowed the taxpayer
    20  with respect to a certified historic structure  under  internal  revenue
    21  code  section  47(c)(3), determined without regard to ratably allocating
    22  the credit over a five year period as required by subsection (a) of such
    23  section 47, with respect to a certified historic structure located with-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08490-01-9

        A. 4800                             2
     1  in the state; provided, however, the credit shall not exceed one hundred
     2  thousand dollars.
     3    §  2.  Subparagraph  (i) of paragraph (a) of subdivision 26 of section
     4  210-B of the tax law, as amended by section 2 of part RR of  chapter  59
     5  of the laws of 2018, is amended to read as follows:
     6    (i)  For  taxable years beginning on or after January first, two thou-
     7  sand ten, and before January first, two thousand twenty-five, a taxpayer
     8  shall be allowed a credit  as  hereinafter  provided,  against  the  tax
     9  imposed  by  this  article, in an amount equal to one hundred percent of
    10  the amount of credit allowed the taxpayer for the same taxable year with
    11  respect to a certified historic structure under  internal  revenue  code
    12  section  47(c)(3),  determined  without regard to ratably allocating the
    13  credit over a five year period as required by  subsection  (a)  of  such
    14  section 47, with respect to a certified historic structure located with-
    15  in  the  state.  Provided,  however,  the credit shall not exceed [five]
    16  seven million dollars in state  fiscal  year  two  thousand  twenty--two
    17  thousand  twenty-one  and  nine million dollars in state fiscal year two
    18  thousand twenty-one--two thousand twenty-two.
    19    § 3. Subparagraph (A) of paragraph 1 of  subdivision  (y)  of  section
    20  1511 of the tax law, as amended by section 3 of part RR of chapter 59 of
    21  the laws of 2018, is amended to read as follows:
    22    (A)  For  taxable years beginning on or after January first, two thou-
    23  sand ten and before January first, two thousand twenty-five, a  taxpayer
    24  shall  be  allowed  a  credit  as  hereinafter provided, against the tax
    25  imposed by this article, in an amount equal to one  hundred  percent  of
    26  the  amount  of  credit allowed the taxpayer with respect to a certified
    27  historic structure under internal revenue code section 47(c)(3),  deter-
    28  mined  without  regard to ratably allocating the credit over a five year
    29  period as required by subsection (a) of such section 47, with respect to
    30  a certified historic  structure  located  within  the  state.  Provided,
    31  however,  the  credit  shall  not exceed [five] seven million dollars in
    32  state fiscal year two thousand twenty--two thousand twenty-one and  nine
    33  million  dollars in state fiscal year two thousand twenty-one--two thou-
    34  sand twenty-two.  For taxable years beginning on or after January first,
    35  two thousand twenty-five, a taxpayer shall be allowed a credit as  here-
    36  inafter  provided, against the tax imposed by this article, in an amount
    37  equal to thirty percent of the amount of  credit  allowed  the  taxpayer
    38  with  respect  to  a certified historic structure under internal revenue
    39  code section 47(c)(3), determined without regard to  ratably  allocating
    40  the credit over a five year period as required by subsection (a) of such
    41  section 47 with respect to a certified historic structure located within
    42  the  state.   Provided, however, the credit shall not exceed one hundred
    43  thousand dollars.
    44    § 4. This act shall take effect immediately and shall apply to taxable
    45  years beginning on and after January 1, 2019.
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