Bill Text: NY A10811 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates an agricultural crop loss personal income tax credit.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-08-24 - referred to ways and means [A10811 Detail]
Download: New_York-2011-A10811-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10811 I N A S S E M B L Y August 24, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Tedisco, Amedore, P. Lopez) -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to establishing an agricultural crop loss personal income tax credit THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 606 of the tax law is amended by adding a new 2 subsection (uu) to read as follows: 3 (UU) AGRICULTURAL CROP LOSS TAX CREDIT. (1) ALLOWANCE OF CREDIT. A 4 TAXPAYER WHOSE FEDERAL GROSS INCOME FROM FARMING FOR THE TAXABLE YEAR IS 5 AT LEAST TWO-THIRDS OF EXCESS FEDERAL GROSS INCOME SHALL BE ALLOWED A 6 CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR THE LOSS OR DAMAGE OF 7 ELIGIBLE CROPS AS A RESULT OF FROST INJURY FOR THE TAXABLE YEAR BEGIN- 8 NING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE AND ENDING ON DECEM- 9 BER THIRTY-FIRST, TWO THOUSAND TWELVE. THE AMOUNT OF THE CREDIT SHALL BE 10 EQUAL TO THIRTY-FIVE PERCENT OF THE AVERAGE VALUE OF THE UNIT OF 11 PRODUCTION FOR NEW YORK STATE AS REPORTED BY THE USDA NATIONAL AGRICUL- 12 TURAL STATISTICS SERVICE FOR TWO THOUSAND ELEVEN, MULTIPLIED BY ACREAGE 13 IN PRODUCTION, INCLUDING NEWLY PLANTED ACREAGE, FOR THE TWO THOUSAND 14 TWELVE GROWING SEASON. 15 (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER 16 THIS SUBSECTION FOR SUCH TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX 17 FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO 18 BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX 19 HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST 20 SHALL BE PAID THEREON. 21 (3) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "ELIGIBLE CROP" 22 SHALL MEAN: (A) FRUITS, INCLUDING APPLES, PEACHES, GRAPES, CHERRIES AND 23 BERRIES, (B) VEGETABLES, INCLUDING TOMATOES, SNAP BEANS, CABBAGE, 24 CARROTS, BEETS AND ONIONS, AND (C) POTATOES AND DRY BEANS. 25 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16115-01-2