Bill Text: NY S03097 | 2021-2022 | General Assembly | Introduced


Bill Title: Exempts from sales and compensating use taxes any propane or propane tank purchased by a restaurant or food service establishment for use in outdoor dining during the COVID-19 state disaster emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-27 - REFERRED TO BUDGET AND REVENUE [S03097 Detail]

Download: New_York-2021-S03097-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3097

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 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 empty propane tank, pre-filled propane tank
          or  propane dispensed into a propane tank purchased by a restaurant or
          food service establishment for use in outdoor dining during the  novel
          coronavirus (COVID-19) state disaster emergency

          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  empty  propane  tank,  pre-filled  propane  tank or propane
     4  dispensed into a propane  tank  purchased  by  any  restaurant  or  food
     5  service establishment for use in outdoor dining during the novel corona-
     6  virus  (COVID-19)  state  disaster emergency declared by the governor in
     7  executive order number two hundred two on March  seventh,  two  thousand
     8  twenty.
     9    §  2. Section 210-B of the tax law is amended by adding a new subdivi-
    10  sion 55 to read as follows:
    11    55. Sales tax paid on propane and propane tanks  for  use  in  outdoor
    12  dining  credit.  (a)  For the period beginning June fourth, two thousand
    13  twenty and ending on the effective date of this subdivision, a  taxpayer
    14  who  owns  a restaurant or food service establishment shall be allowed a
    15  credit for sales tax paid for any empty propane tank, pre-filled propane
    16  tank or propane dispensed into a propane tank purchased by such taxpayer
    17  for use in outdoor dining during the novel coronavirus (COVID-19)  state
    18  disaster  emergency  declared  by the governor in executive order number
    19  two hundred two on March seventh, two thousand twenty.
    20    (b) If the amount of the credit allowed under this subdivision for any
    21  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    22  shall  be treated as an overpayment of tax to be credited or refunded in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05609-02-1

        S. 3097                             2

     1  accordance with the provisions of section six hundred eighty-six of this
     2  chapter, provided, however, that no interest shall be paid thereon.
     3    §  3. Section 606 of the tax law is amended by adding a new subsection
     4  (lll) to read as follows:
     5    (lll) Sales tax paid on propane and propane tanks for use  in  outdoor
     6  dining  credit.  (1)  For the period beginning June fourth, two thousand
     7  twenty and ending on the effective date of this subsection,  a  taxpayer
     8  who  owns  a restaurant or food service establishment shall be allowed a
     9  credit for sales tax paid for any empty propane tank, pre-filled propane
    10  tank or propane dispensed into a propane tank purchased by such taxpayer
    11  for use in outdoor dining during the novel coronavirus (COVID-19)  state
    12  disaster  emergency  declared  by the governor in executive order number
    13  two hundred two on March seventh, two thousand twenty.
    14    (2) If the amount of the credit allowed under this subsection 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    §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    20  of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
    21  follows:
    22    (xlvi) Sales tax paid on propane   Sales tax paid on propane and
    23  and propane tanks for use in         propane tanks for use in
    24  outdoor dining credit under          outdoor dining credit
    25  subsection (lll)                     under subdivision fifty-five
    26                                       of section two hundred ten-B
    27    §  5. This act shall take effect on the first day of a sales tax quar-
    28  terly period, as described in subdivision (b) of section 1136 of the tax
    29  law, next commencing at least thirty days  after  this  act  shall  have
    30  become  a  law and shall apply in accordance with the applicable transi-
    31  tional provisions of sections 1106 and 1217 of  the  tax  law;  provided
    32  that the commissioner of taxation and finance shall be authorized on and
    33  after  the date this act shall have become a law to take steps necessary
    34  to implement the provisions of this act on its effective date.
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