Bill Text: NY S05893 | 2011-2012 | General Assembly | Amended
Bill Title: Establishes a credit for sales tax paid by victims who incurred damage as a result of tropical storms Irene and Lee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05893 Detail]
Download: New_York-2011-S05893-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5893--A A. 8643--A
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
September 21, 2011
___________
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. TEDISCO, CROUCH, TOBACCO, GABRYS-
ZAK, McLAUGHLIN, N. RIVERA, CALHOUN, RA, TITONE, BUTLER -- Multi-Spon-
sored by -- M. of A. DUPREY -- read once and referred to the Committee
on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to establishing tax credits for
state and county sales tax paid by victims of tropical storms Irene
and Lee
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 (tt) to read as follows:
3 (TT) CREDIT FOR STATE SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
4 IRENE AND LEE. (1) GENERAL. A TAXPAYER WHOSE RESIDENCE OR BUSINESS
5 INCURRED DAMAGE AS A RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND
6 ELEVEN, TROPICAL STORM LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL
7 STORMS SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
8 CLE, TO BE COMPUTED AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION.
9 (2) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE EQUAL TO STATE
10 SALES TAX PAID FOR EXPENSES RELATED TO DAMAGE INCURRED AS A RESULT OF
11 FLOODING, HIGH WINDS, RAIN AND/OR MUDSLIDES CAUSED BY SUCH TROPICAL
12 STORMS. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPENSES FOR
13 MOVING AND STORAGE, AND FOR THE REPLACEMENT OF SUMP PUMPS, FURNACES,
14 REFRIGERATORS, WASHERS, DRYERS, DEHUMIDIFIERS, BOILERS, FURNITURE,
15 CONSTRUCTION MATERIALS, VEHICLES AND CLOTHING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13461-03-1
S. 5893--A 2 A. 8643--A
1 (3) ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SUCH CREDIT, A TAXPAYER
2 SHALL RESIDE OR HAVE A BUSINESS WITHIN A COUNTY IN THIS STATE WHICH WAS
3 DECLARED A FEDERAL DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID
4 OR ASSISTANCE AS A RESULT OF SUCH TROPICAL STORMS FROM THE FEDERAL EMER-
5 GENCY MANAGEMENT AGENCY.
6 (4) APPLICABILITY. CREDIT ALLOWED PURSUANT TO THIS SUBSECTION SHALL
7 APPLY TO PAYMENTS FOR SERVICES AND EXPENSES MADE DURING THE TWO THOUSAND
8 ELEVEN AND TWO THOUSAND TWELVE TAXABLE YEARS.
9 S 2. Section 210 of the tax law is amended by adding a new subdivision
10 44 to read as follows:
11 44. CREDIT FOR STATE SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
12 IRENE AND LEE. (A) GENERAL. A TAXPAYER WHOSE BUSINESS INCURRED DAMAGE AS
13 A RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND ELEVEN, TROPICAL STORM
14 LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL STORMS SHALL BE ALLOWED
15 A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO BE COMPUTED AS
16 PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
17 (B) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE EQUAL TO STATE
18 SALES TAX PAID FOR EXPENSES RELATED TO DAMAGE INCURRED AS A RESULT OF
19 FLOODING, HIGH WINDS, RAIN AND/OR MUDSLIDES CAUSED BY SUCH TROPICAL
20 STORMS. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPENSES FOR
21 MOVING AND STORAGE, AND FOR THE REPLACEMENT OF SUMP PUMPS, FURNACES,
22 REFRIGERATORS, WASHERS, DRYERS, DEHUMIDIFIERS, BOILERS, FURNITURE,
23 CONSTRUCTION MATERIALS, VEHICLES AND CLOTHING.
24 (C) ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SUCH CREDIT, A TAXPAYER
25 SHALL HAVE A BUSINESS WITHIN A COUNTY IN THIS STATE WHICH WAS DECLARED A
26 FEDERAL DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID OR ASSIST-
27 ANCE AS A RESULT OF SUCH TROPICAL STORMS FROM THE FEDERAL EMERGENCY
28 MANAGEMENT AGENCY.
29 (D) APPLICABILITY. CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL
30 APPLY TO PAYMENTS FOR SERVICES AND EXPENSES MADE DURING THE TWO THOUSAND
31 ELEVEN AND TWO THOUSAND TWELVE TAXABLE YEARS.
32 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
33 of the tax law is amended by adding a new clause (xxxiii) to read as
34 follows:
35 (XXXIII) CREDIT FOR STATE SALES TAX AMOUNT OF CREDIT UNDER
36 PAID BY VICTIMS OF TROPICAL STORMS SUBDIVISION FORTY-FOUR
37 IRENE AND LEE UNDER SUBSECTION (TT) OF SECTION TWO HUNDRED
38 TEN
39 S 4. The tax law is amended by adding a new section 1207 to read as
40 follows:
41 S 1207. CREDIT FOR COUNTY SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
42 IRENE AND LEE. ANY COUNTY IN THIS STATE WHICH WAS DECLARED A FEDERAL
43 DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID OR ASSISTANCE AS A
44 RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND ELEVEN, TROPICAL STORM
45 LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL STORMS, OR ANY COUNTY
46 WHICH BORDERS SUCH A COUNTY, MAY, AFTER PUBLIC HEARING, ADOPT A LOCAL
47 LAW, ORDINANCE OR RESOLUTION TO PROVIDE A CREDIT AGAINST TAXES IMPOSED
48 BY ARTICLES NINE-A AND TWENTY-TWO OF THIS CHAPTER FOR COUNTY SALES TAX
49 PAID BY VICTIMS OF SUCH TROPICAL STORMS. SUCH CREDIT SHALL BE ALLOWED TO
50 TAXPAYERS IN THE SAME MANNER AS THE CREDIT FOR STATE SALES TAX PAID
51 ALLOWED PURSUANT TO SUBDIVISION (TT) OF SECTION SIX HUNDRED SIX AND
52 SUBDIVISION FORTY-FOUR OF SECTION TWO HUNDRED TEN OF THIS CHAPTER.
53 S 5. This act shall take effect immediately.
