STATE OF NEW YORK
        ________________________________________________________________________
                                          7851
                    IN SENATE
                                      March 5, 2018
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the tax law, in relation to creating a  tax  credit  for
          companies  that  invest in certain dairy equipment and use such equip-
          ment to produce value added products
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The tax law is amended by adding a new section 44 to read
     2  as follows:
     3    § 44. Value added dairy investment tax credit. (a) General. A taxpayer
     4  subject to tax under article nine, nine-A or twenty-two of this  chapter
     5  shall  be  allowed  a credit against such tax pursuant to the provisions
     6  referenced in subdivision (e)  of  this  section,  however,  the  unused
     7  portion  of  any  tax  credit  claimed  shall not be carried forward and
     8  applied in another tax year. The tax credit  allowed  pursuant  to  this
     9  section  shall  apply  to  taxable  years  beginning on or after January
    10  first, two thousand eighteen.
    11    (b) Definitions. For the purposes of this section the following  terms
    12  shall have the following meanings:
    13    (1) "dairy product" shall mean dairy beverages, cheese, yogurt, frozen
    14  dairy  products  or  any  additional  product added by regulation by the
    15  commissioner, in consultation with the commissioner of  agriculture  and
    16  markets, that contains milk;
    17    (2)  "value  added  dairy product" shall mean the increase in the fair
    18  market value of a dairy product resulting from the  processing  of  such
    19  into  a  flavored  or enhanced dairy product processed wholly within the
    20  state;
    21    (3) "farm business" shall mean (i) a business with farm related income
    22  of at least one thousand dollars in one of the last three years; or (ii)
    23  a new business with farm related income;
    24    (4) "eligible expenses" shall mean tools, equipment and  supplies  for
    25  the manufacturing and packaging of value added dairy products; and
    26    (5)  "eligible  taxpayer"  means a corporation (including a New York S
    27  corporation), a sole proprietorship, a limited liability  company  or  a
    28  partnership.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14985-03-8

        S. 7851                             2
     1    (c) The amount of the credit shall be for one hundred percent of up to
     2  ten   thousand   dollars  for  eligible  expenses  associated  with  the
     3  production of value added products for wholesale or retail  sale  within
     4  five hundred miles of such taxpayer's farm business.
     5    (d)  (1)  Businesses claiming the value added dairy product tax credit
     6  shall submit a computer-generated report with tax returns that  claim  a
     7  tax credit.
     8    (2)  Such  report  shall  include (i) the name of the producer and the
     9  physical place of business where the products  are  produced;  (ii)  the
    10  amount  paid  by  the eligible taxpayer for eligible expenses; and (iii)
    11  the physical places of business such  value  added  dairy  products  are
    12  sold.
    13    (e)  Cross-references.  For  application of the credit provided for in
    14  this section, see the following provisions of this chapter:
    15    (1) Article 9: Section 187-q.
    16    (2) Article 9-A: Section 210-B, subdivision 53.
    17    (3) Article 22: Section 606, subsections (i) and (iii).
    18    § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
    19  sion 53 to read as follows:
    20    53.  Value  added  dairy  investment  tax  credit. A taxpayer shall be
    21  allowed a credit, to be computed as provided in  section  forty-four  of
    22  this chapter against the tax imposed by this article. The credit allowed
    23  under this subdivision for any taxable year shall not reduce the tax due
    24  for such year to less than the fixed dollar minimum amount prescribed in
    25  paragraph  (d)  of  subdivision  one  of section two hundred ten of this
    26  article.  The tax credit allowed pursuant to this section shall apply to
    27  taxable years beginning on or after January first,  two  thousand  eigh-
    28  teen.
    29    §  3. Section 606 of the tax law is amended by adding a new subsection
    30  (iii) to read as follows:
    31    (iii) Value added dairy investment tax credit.  A  taxpayer  shall  be
    32  allowed  a  credit  to  be computed as provided in section forty-four of
    33  this chapter against the tax imposed by this article.   The  tax  credit
    34  allowed  pursuant to this section shall apply to taxable years beginning
    35  on or after January first, two thousand eighteen.
    36    § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    37  of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
    38  follows:
    39  (xliv) NY crops for value added      Amount of credit under
    40  products tax credit under            subdivision fifty-three of
    41  subsection (iii)                     section two hundred ten-B
    42    § 5. The tax law is amended by adding a new section 187-q to  read  as
    43  follows:
    44    §  187-q.  Value  added  dairy investment tax credit. (a) Allowance of
    45  credit. A taxpayer shall be allowed a credit, to be computed as provided
    46  in section forty-four of this chapter against the tax  imposed  by  this
    47  article.
    48    (b)  Application  of credit. The credit allowed under this subdivision
    49  for any taxable year shall not reduce the tax due for such year to  less
    50  than  the  fixed  dollar  minimum  amount prescribed in paragraph (d) of
    51  subdivision one of section two hundred ten of this  chapter.    The  tax
    52  credit  allowed  pursuant  to  this section shall apply to taxable years
    53  beginning on or after January first, two thousand eighteen.
    54    § 6. This act shall take effect immediately and shall apply to taxable
    55  years beginning on or after January 1, 2018.