Bill Text: NY S00530 | 2021-2022 | General Assembly | Introduced
Bill Title: Exempts from sales and compensating use taxes any equipment or product purchased by a restaurant or food service establishment for use in outdoor dining during the novel coronavirus (COVID-19).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S00530 Detail]
Download: New_York-2021-S00530-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 530 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to exempting from sales and compensating use taxes any equipment or product purchased by restau- rant or food service establishment for use in outdoor dining during the novel coronavirus (COVID-19) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 46 to read as follows: 3 (46) Any equipment or product purchased by any restaurant or food 4 service establishment for the use in outdoor dining during the novel 5 coronavirus (COVID-19) pandemic. 6 § 2. Section 210-B of the tax law is amended by adding a new subdivi- 7 sion 55 to read as follows: 8 55. Sales tax paid on outdoor dining equipment credit. (1) For the 9 period beginning June fourth, two thousand twenty and ending on the 10 effective date of this subdivision, a taxpayer who owns a restaurant or 11 food service establishment shall be allowed a credit for sales tax paid 12 for any equipment or product purchased by such taxpayer for use in 13 outdoor dining during the novel coronavirus (COVID-19) pandemic. 14 (2) If the amount of the credit allowed under this subdivision for any 15 taxable year shall exceed the taxpayer's tax for such year, the excess 16 shall be treated as an overpayment of tax to be credited or refunded in 17 accordance with the provisions of section six hundred eighty-six of this 18 article, provided, however, that no interest shall be paid thereon. 19 § 3. Section 606 of the tax law is amended by adding a new subsection 20 (kkk) to read as follows: 21 (kkk) Sales tax paid on outdoor dining equipment credit. (1) For the 22 period beginning June fourth, two thousand twenty and ending on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03424-01-1S. 530 2 1 effective date of this subsection, a taxpayer who owns a restaurant or 2 food service establishment shall be allowed a credit for sales tax paid 3 for any equipment or product purchased by such taxpayer for use in 4 outdoor dining during the novel coronavirus (COVID-19) pandemic. 5 (2) If the amount of the credit allowed under this subsection for any 6 taxable year shall exceed the taxpayer's tax for such year, the excess 7 shall be treated as an overpayment of tax to be credited or refunded in 8 accordance with the provisions of section six hundred eighty-six of this 9 article, provided, however, that no interest shall be paid thereon. 10 § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 11 of the tax law is amended by adding a new clause (xlvi) to read as 12 follows: 13 (xlvi) Sales tax paid on outdoor Sales tax paid on 14 dining equipment credit outdoor dining 15 under subsection (kkk) equipment credit 16 under subdivision 17 fifty-five of 18 section two 19 hundred ten-B 20 § 5. This act shall take effect on the first day of a sales tax quar- 21 terly period, as described in subdivision (b) of section 1136 of the tax 22 law, next commencing at least thirty days after this act shall have 23 become a law and shall apply in accordance with the applicable transi- 24 tional provisions of sections 1106 and 1217 of the tax law; provided 25 that the commissioner of taxation and finance shall be authorized on and 26 after the date this act shall have become a law to take steps necessary 27 to implement the provisions of this act on its effective date.
