Bill Text: NY A06656 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes business franchise and personal income tax credits for certain taxes and surcharges on wireless communications paid by certain small businesses which do not have a landline telephone.

Spectrum: Slight Partisan Bill (Democrat 14-9)

Status: (Introduced - Dead) 2017-03-10 - referred to ways and means [A06656 Detail]

Download: New_York-2017-A06656-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6656
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2017
                                       ___________
        Introduced  by  M.  of A. GJONAJ, MOSLEY, BENEDETTO, SIMANOWITZ, COLTON,
          BRABENEC, RAIA, PICHARDO, DiPIETRO, BICHOTTE -- Multi-Sponsored by  --
          M.  of  A. ABBATE, COOK, GARBARINO, GIGLIO, HAWLEY, HOOPER, LUPINACCI,
          MAGEE, McLAUGHLIN, PALMESANO, PERRY, RIVERA, SKARTADOS  --  read  once
          and referred to the Committee on Ways and Means
        AN  ACT to amend the tax law, in relation to establishing business fran-
          chise tax and personal income tax credit for  the  amount  of  certain
          taxes  and  surcharges  paid by certain taxpayers that are small busi-
          nesses
          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 28 to read as follows:
     3    28. Wireless communications sales tax and surcharge credit. (a) Allow-
     4  ance of credit. A taxpayer that is a small  business  with  a  permanent
     5  business  address  within  the  state, for which its mobile telecommuni-
     6  cations service, as defined in paragraph twenty-four of subdivision  (b)
     7  of  section  eleven hundred one of this chapter, is the primary means of
     8  contacting such small business, and such small business  does  not  have
     9  landline  telephone service subject to the provisions of article five of
    10  the public service law, shall  be  allowed  a  credit  against  the  tax
    11  imposed  by  this  article  equal  to the sum of (i) the excise taxes on
    12  telecommunications services paid by the taxpayer for mobile telecommuni-
    13  cations service during the taxable year, pursuant to section one hundred
    14  eighty-six-e of this chapter,  (ii)  the  public  safety  communications
    15  surcharges  paid  by  the taxpayer as a wireless communications customer
    16  during the taxable year, pursuant to section one hundred eighty-six-f of
    17  this chapter, and (iii) the sales and compensating use taxes paid by the
    18  taxpayer as a wireless communications customer during the taxable  year,
    19  pursuant  to  sections  eleven  hundred five, eleven hundred nine and/or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10486-01-7
        A. 6656                             2
     1  eleven hundred ten of  this  chapter,  to  the  extent  such  taxes  and
     2  surcharges are related to the taxpayer's small business.
     3    (b)  Definition.  The term "small business" shall, for the purposes of
     4  this subdivision, mean a business which is resident in this state, inde-
     5  pendently owned and operated, not dominant  in  its  field  and  employs
     6  twenty-five or less persons.
     7    (c)  Application  of credit. The credit allowed under this subdivision
     8  for any taxable year shall not reduce the tax due for such year to  less
     9  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
    10  section two hundred ten of this article. However, if the amount of cred-
    11  it allowed under this subdivision for any taxable year reduces  the  tax
    12  to  such amount or if the taxpayer otherwise pays tax based on the fixed
    13  dollar minimum amount, any amount of credit thus not deductible in  such
    14  taxable  year will be treated as an overpayment of tax to be credited or
    15  refunded in accordance with  the  provisions  of  section  one  thousand
    16  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    17  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    18  notwithstanding, no interest will be paid thereon.
    19    §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    20  of the tax law is amended by adding a new  clause  (xliii)  to  read  as
    21  follows:
    22  (xliii) Wireless communications      Amount of credit
    23  sales tax and surcharge credit       under subdivision
    24  under subsection (ccc)               twenty-eight of
    25                                       section two  hundred ten-B
    26    §  3. Section 606 of the tax law is amended by adding a new subsection
    27  (ccc) to read as follows:
    28    (ccc) Wireless communications sales  tax  and  surcharge  credit.  (1)
    29  Allowance of credit. A taxpayer that owns a small business with a perma-
    30  nent  business address within the state, for which its mobile telecommu-
    31  nications service as defined in paragraph twenty-four of subdivision (b)
    32  of section eleven hundred one of this chapter, is the primary  means  of
    33  contacting  such  small  business, and such small business does not have
    34  landline telephone service subject to the provisions of article five  of
    35  the  public  service  law,  shall  be  allowed  a credit against the tax
    36  imposed by this article equal to the sum of  (A)  the  excise  taxes  on
    37  telecommunications services paid by the taxpayer for mobile telecommuni-
    38  cations service during the taxable year, pursuant to section one hundred
    39  eighty-six-e  of  this  chapter,  (B)  the  public safety communications
    40  surcharges paid by the taxpayer as a  wireless  communications  customer
    41  during the taxable year, pursuant to section one hundred eighty-six-f of
    42  this  chapter,  and (C) the sales and compensating use taxes paid by the
    43  taxpayer as a wireless communications customer during the taxable  year,
    44  pursuant  to  sections  eleven  hundred five, eleven hundred nine and/or
    45  eleven hundred ten of  this  chapter,  to  the  extent  such  taxes  and
    46  surcharges are related to the taxpayer's small business.
    47    (2)  Definition.  The  term "small business" means a business which is
    48  resident in the state, independently owned and operated, not dominant in
    49  its field and employs twenty-five or less persons.
    50    (3) Application of credit. If the amount  of  the  credit  under  this
    51  subsection for any taxable year shall exceed the taxpayer's tax for such
    52  year, the excess shall be treated as an overpayment of tax to be credit-
    53  ed  or refunded in accordance with the provisions of section six hundred
    54  eighty-six of this article, provided, however, that no interest shall be
    55  paid thereon.
    56    § 4. This act shall take effect immediately.