Bill Text: NY S05146 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2015-10-26 - VETOED MEMO.218 [S05146 Detail]

Download: New_York-2015-S05146-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5146
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 5, 2015
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT in relation to the meaning of the term "equipment"  for  purposes
         of department of taxation and finance audit or enforcement proceedings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. For the purposes of this act, the  term  "equipment"  shall
    2  mean a machine or system, and any part or subassembly thereof.
    3    S 2. For the purposes of this act, equipment shall be considered to be
    4  "directly and predominantly" used, as such term is used in clause (i) of
    5  paragraph  1  of  subdivision  (z)  of  section  1115 of the tax law, as
    6  repealed by section 30 of part S-1 of chapter 57 of the laws of 2009 and
    7  last amended by section 17 of part CC of chapter 85 of the laws of 2002,
    8  when such equipment was received, inventoried  or  organized,  and  then
    9  prepared  for distribution at 124 Metropolitan Park drive, Syracuse, New
   10  York, or 3606 John Glenn boulevard, Syracuse, New York, by  a  qualified
   11  empire  zone  enterprise  that  has  operated  at  both  such locations,
   12  provided that such equipment, upon distribution, is  stocked,  repaired,
   13  cleaned or otherwise handled for the purpose of maintenance or upkeep by
   14  employees of such qualified empire zone enterprise provided such service
   15  work  or  duties  originate  from,  and terminate at, either empire zone
   16  location described in this section.
   17    S 3. Notwithstanding any law, rule, or  regulation,  or  any  determi-
   18  nation  or  decision  of  the  department of taxation and finance or the
   19  division of tax appeals to the contrary, the  division  of  tax  appeals
   20  shall  accept  and  review,  pursuant  to part three-thousand of the tax
   21  appeals tribunal rules of practice and procedure, a petition related  to
   22  the  interpretation  of  the  term "directly and predominantly", as such
   23  term is used in section two of this act, provided that such petition  is
   24  filed  by  a  qualified empire zone enterprise that has operated at both
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09845-01-5
       S. 5146                             2
    1  locations described in section two of this action, and provided  further
    2  that such petition challenges a determination or decision of the depart-
    3  ment  of taxation and finance or the division of tax appeals that denied
    4  or  withheld  sales  and use tax credits as afforded by the provision of
    5  the tax law described in section two of this act.
    6    S 4. This act shall take effect immediately, and shall apply to  taxa-
    7  ble  years  beginning on and after March 1, 2003, and shall apply to any
    8  audit or enforcement  proceeding  of  the  department  of  taxation  and
    9  finance,  or  any  other  administrative  matter  or  proceeding of such
   10  department, commencing on or after March 1, 2003.
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