Bill Text: NY A08179 | 2023-2024 | General Assembly | Amended
Bill Title: Imposes a tax on certain businesses when people are displaced from their employment due to certain technologies based on the sum of any taxes or fees imposed by the state or any political subdivision thereof computed based on a displaced employee's wage.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A08179 Detail]
Download: New_York-2023-A08179-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8179--B 2023-2024 Regular Sessions IN ASSEMBLY October 27, 2023 ___________ Introduced by M. of A. BURKE, REYES, DE LOS SANTOS -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to enacting the "robot tax act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "robot tax 2 act". 3 § 2. The tax law is amended by adding a new section 209-A to read as 4 follows: 5 § 209-A. Additional tax on using technology to displace workers. 1. 6 (a) For the privilege of exercising its corporate franchise, or of doing 7 business, or of employing capital, or of owning or leasing property in a 8 corporate or organized capacity, or of maintaining an office, or of 9 deriving receipts from activity in this state, for all or any part of 10 its taxable year, there is hereby imposed on every corporation subject 11 to tax under section two hundred nine of this article, or any receiver, 12 referee, trustee, assignee or other fiduciary, or any officer or agent 13 appointed by any court, who conducts the business of any such corpo- 14 ration, a tax surcharge, in addition to the tax imposed under section 15 two hundred nine of this article, to be in an amount equal to the sum of 16 any taxes or fees imposed by the state or any political subdivision 17 thereof computed based on an employee's wage, paid by the corporation or 18 the employee, including, but not limited to, state income tax, state 19 unemployment insurance, and local occupational taxes, for an employee's 20 final year of employment with the company where such employee was 21 displaced in such taxable year due to the employee's position being 22 replaced by technology. For the purposes of this section, the term 23 "technology" shall include, but not be limited to, machinery, artificial 24 intelligence algorithms, or computer applications. 25 (b) A corporation is deriving receipts from activity in this state if 26 it has receipts within this state of one million dollars or more in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13007-03-3A. 8179--B 2 1 taxable year. For purposes of this section, the term "receipts" means 2 the receipts that are subject to the apportionment rules set forth in 3 section two hundred ten-A of this article, and the term "receipts within 4 this state" means the receipts included in the numerator of the appor- 5 tionment factor determined under section two hundred ten-A of this arti- 6 cle. 7 (c) A corporation is doing business in this state if: (i) it has 8 issued credit cards to one thousand or more customers who have a mailing 9 address within this state as of the last day of its taxable year; (ii) 10 it has merchant customer contracts with merchants and the total number 11 of locations covered by those contracts equals one thousand or more 12 locations in this state to whom the corporation remitted payments for 13 credit card transactions during the taxable year; or (iii) the sum of 14 the number of customers described in subparagraph (i) of this paragraph 15 plus the number of locations covered by its contracts described in 16 subparagraph (ii) of this paragraph equals one thousand or more. As used 17 in this subdivision, the term "credit card" includes bank, credit, trav- 18 el and entertainment cards. 19 (d)(i) A corporation with less than one million dollars but at least 20 ten thousand dollars of receipts within this state in a taxable year 21 that is part of a unitary group that meets the ownership test under 22 section two hundred ten-C of this article is deriving receipts from 23 activity in this state if the receipts within this state of the members 24 of the unitary group that have at least ten thousand dollars of receipts 25 within this state in the aggregate meet the threshold set forth in para- 26 graph (b) of this subdivision. 27 (ii) A corporation that does not meet any of the thresholds set forth 28 in paragraph (c) of this subdivision but has at least ten customers, or 29 locations, or customers and locations, as described in paragraph (c) of 30 this subdivision, and is part of a unitary group that meets the owner- 31 ship test under section two hundred ten-C of this article is doing busi- 32 ness in this state if the number of customers, locations, or customers 33 and locations, within this state of the members of the unitary group 34 that have at least ten customers, locations, or customers and locations, 35 within this state in the aggregate meets any of the thresholds set forth 36 in paragraph (c) of this subdivision. 37 (e) At the end of each year, the commissioner shall review the cumula- 38 tive percentage change in the consumer price index. The commissioner 39 shall adjust the receipt thresholds set forth in this subdivision if the 40 consumer price index has changed by ten percent or more since January 41 first, two thousand fifteen, or since the date that the thresholds were 42 last adjusted under this subdivision. The thresholds shall be adjusted 43 to reflect that cumulative percentage change in the consumer price 44 index. The adjusted thresholds shall be rounded to the nearest one 45 thousand dollars. As used in this paragraph, "consumer price index" 46 means the consumer price index for all urban consumers (CPI-U) available 47 from the bureau of labor statistics of the United States department of 48 labor. Any adjustment shall apply to tax periods that begin after the 49 adjustment is made. 50 (f) If a partnership is doing business, employing capital, owning or 51 leasing property in this state, maintaining an office in the state, or 52 deriving receipts from activity in this state, any corporation that is a 53 partner in such partnership shall be subject to tax under this article 54 as described in the regulations of the commissioner. 55 2. (a) A foreign corporation shall not be deemed to be doing business, 56 employing capital, owning or leasing property, or maintaining an officeA. 8179--B 3 1 in this state, or deriving receipts from activity in this state, for the 2 purposes of this article, by reason of: (i) the maintenance of cash 3 balances with banks or trust companies in this state; (ii) the ownership 4 of shares of stock or securities kept in this state, if kept in a safe 5 deposit box, safe, vault or other receptacle rented for the purpose, or 6 if pledged as collateral security, or if deposited with one or more 7 banks or trust companies, or brokers who are members of a recognized 8 security exchange, in safekeeping or custody accounts; (iii) the taking 9 of any action by any such bank or trust company or broker, which is 10 incidental to the rendering of safekeeping or custodian service to such 11 corporation; (iv) the maintenance of an office in this state by one or 12 more officers or directors of the corporation who are not employees of 13 the corporation if the corporation otherwise is not doing business in 14 this state, and does not employ capital or own or lease property in this 15 state; (v) the keeping of books or records of a corporation in this 16 state if such books or records are not kept by employees of such corpo- 17 ration and such corporation does not otherwise do business, employ capi- 18 tal, own or lease property or maintain an office in this state; or (vi) 19 any combination of the foregoing activities. 20 (b) An alien corporation shall not be deemed to be doing business, 21 employing capital, owning or leasing property, maintaining an office in 22 this state, or deriving receipts from activity in this state, for the 23 purposes of this article, if its activities in this state are limited 24 solely to: (i) investing or trading in stocks and securities for its own 25 account within the meaning of clause (ii) of subparagraph (A) of para- 26 graph (2) of subsection (b) of section eight hundred sixty-four of the 27 internal revenue code; (ii) investing or trading in commodities for its 28 own account within the meaning of clause (ii) of subparagraph (B) of 29 paragraph (2) of subsection (b) of section eight hundred sixty-four of 30 the internal revenue code; or (iii) any combination of activities 31 described in subparagraphs (i) and (ii) of this paragraph. An alien 32 corporation that under any provision of the internal revenue code is not 33 treated as a "domestic corporation" as defined in section seven thousand 34 seven hundred one of such code and has no effectively connected income 35 for the taxable year pursuant to clause (iv) of the opening paragraph of 36 subdivision nine of section two hundred eight of this article shall not 37 be subject to tax under this article for that taxable year. For purposes 38 of this article, an alien corporation is a corporation organized under 39 the laws of a country, or any political subdivision thereof, other than 40 the United States, or organized under the laws of a possession, territo- 41 ry or commonwealth of the United States. 42 3. Any receiver, referee, trustee, assignee or other fiduciary, or any 43 officer or agent appointed by any court, who conducts the business of 44 any corporation, shall be subject to the tax imposed by this article in 45 the same manner and to the same extent as if the business were conducted 46 by the agents or officers of such corporation. A dissolved corporation 47 which continues to conduct business shall also be subject to the tax 48 imposed by this article. 49 § 3. This act shall take effect immediately and shall apply to taxable 50 years starting January 1, 2024. Effective immediately, the addition, 51 amendment and/or repeal of any rule or regulation necessary for the 52 implementation of this act on its effective date are authorized to be 53 made and completed on or before such effective date.
