Bill Text: NY S04680 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes a small business tax credit for certain efforts taken to improve such small business's facility in an effort to reduce the spread of infectious diseases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S04680 Detail]

Download: New_York-2021-S04680-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4680

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 8, 2021
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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 establishing a  small  busi-
          ness  tax credit for certain efforts taken to improve such small busi-
          ness's facility in an  effort  to  reduce  the  spread  of  infectious
          diseases

          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 55 to read as follows:
     3    55.  Small  business  tax  credit; infectious disease mitigation.  (a)
     4  General. A taxpayer that is a small business shall be allowed a  credit,
     5  to  be computed as provided in this subdivision, against the tax imposed
     6  by this article for efforts taken to improve such taxpayer's facility in
     7  an effort to reduce the spread of infectious diseases.
     8    (b) Amount of credit. A credit authorized by  this  section  shall  be
     9  equal to the amount of money spent by an eligible taxpayer to construct,
    10  install, build, and/or equip such taxpayer's facility with new amenities
    11  primarily  intended  to  reduce  the  spread of infectious diseases, but
    12  shall not exceed five thousand dollars total  for  each  location  where
    13  such  new  amenities  have  been  constructed,  installed, built, and/or
    14  equipped.
    15    (c) Carryover. The credit allowed under this subdivision for any taxa-
    16  ble year shall not reduce the tax due for such year  to  less  than  the
    17  amount  prescribed  in  paragraph  (d) of subdivision one of section two
    18  hundred ten of this article. However, if the amount of credit  allowable
    19  under  this  subdivision  for  any  taxable year reduces the tax to such
    20  amount or if the taxpayer otherwise pays tax based on the  fixed  dollar
    21  minimum amount, any amount of credit not deductible in such taxable year
    22  may  be  carried  over to the following three years, and may be deducted
    23  from the qualified employer's tax for such years.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06255-01-1

        S. 4680                             2

     1    (d) Definitions. As used in this subdivision, the  term  "small  busi-
     2  ness" shall mean any business having fifty or fewer employees.
     3    (e)  Claim  of  credit.  A taxpayer shall not be allowed to claim this
     4  credit to the extent the basis of the calculation  of  this  credit  has
     5  been claimed for another tax credit under this chapter.
     6    §  2. Section 606 of the tax law is amended by adding a new subsection
     7  (lll) to read as follows:
     8    (lll) Small business tax credit; infectious disease mitigation.    (1)
     9  General.  A taxpayer that is a small business shall be allowed a credit,
    10  to be computed as provided in this subsection, against the  tax  imposed
    11  by this article for efforts taken to improve such taxpayer's facility in
    12  an effort to reduce the spread of infectious diseases.
    13    (2)  Amount  of  credit.  A credit authorized by this section shall be
    14  equal to the amount of money spent by an eligible taxpayer to construct,
    15  install, build, and/or equip such taxpayer's facility with new amenities
    16  primarily intended to reduce the  spread  of  infectious  diseases,  but
    17  shall  not  exceed  five  thousand dollars total for each location where
    18  such new amenities  have  been  constructed,  installed,  built,  and/or
    19  equipped.
    20    (3)  Carryover. The credit allowed under this subsection for any taxa-
    21  ble year shall not reduce the tax due for such year  to  less  than  the
    22  amount  prescribed  in  paragraph  (d) of subdivision one of section two
    23  hundred ten of this chapter. However, if the amount of credit  allowable
    24  under  this  subsection  for  any  taxable  year reduces the tax to such
    25  amount or if the taxpayer otherwise pays tax based on the  fixed  dollar
    26  minimum amount, any amount of credit not deductible in such taxable year
    27  may  be  carried  over to the following three years, and may be deducted
    28  from the qualified employer's tax for such years.
    29    (4) Definitions. As used in this subsection, the term "small business"
    30  shall mean any business having fifty or fewer employees.
    31    (5) Claim of credit. A taxpayer shall not be  allowed  to  claim  this
    32  credit  to  the  extent  the basis of the calculation of this credit has
    33  been claimed for another tax credit under this chapter.
    34    § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    35  of  the  tax  law  is  amended  by adding a new clause (xlvi) to read as
    36  follows:
    37  (xlvi) Small business tax credit;    Amount of credit under
    38  infectious disease mitigation        subdivision fifty-five of
    39  under subsection (lll)               section two hundred
    40                                       ten-B
    41    § 4. This act shall take effect on the first of January next  succeed-
    42  ing the date on which it shall have become a law.
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