Bill Text: NY S08205 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a historic wood window rehabilitation and energy retrofit tax credit of up to 25% of the expenditures paid or incurred within the five years preceding the year in which the tax credit is applied.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-12 - REFERRED TO BUDGET AND REVENUE [S08205 Detail]

Download: New_York-2023-S08205-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8205

                    IN SENATE

                                    January 12, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- 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 historic wood
          window rehabilitation and energy retrofit tax credit

          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 (ppp) to read as follows:
     3    (ppp) Historic wood window  rehabilitation  and  energy  retrofit  tax
     4  credit.  (1)  A  taxpayer  shall  be allowed a credit, to be computed as
     5  hereinafter provided, against the  tax  imposed  by  this  article.  The
     6  amount  of  the  credit  shall  be twenty-five percent of the taxpayer's
     7  qualified  rehabilitation  and  energy  retrofit  expenditures  paid  or
     8  incurred  within  the five years immediately preceding the year in which
     9  such tax credit shall be applied  with  respect  to  any  historic  wood
    10  windows located in this state. All such rehabilitation and energy retro-
    11  fit  shall  include  energy  efficiency  upgrades  while maintaining the
    12  historic integrity of all such windows. For purposes of this subsection,
    13  the term "energy efficiency upgrades" shall  mean  repairs  in  kind  to
    14  deteriorated  historic wood windows, window sash systems and operational
    15  components, including but not limited to,  reglazing,  weatherstripping,
    16  and  the  appropriate installation of interior or exterior storm windows
    17  to protect historic sash. For the purposes of this subsection, the  term
    18  "historic  wood  windows"  means  a  wood  window that is fifty years or
    19  older, as evaluated and approved  by  the  state  historic  preservation
    20  office.
    21    (2)  The  total  amount  of tax credits allocated to the historic wood
    22  window rehabilitation and energy retrofit tax credit  each  fiscal  year
    23  shall not exceed two hundred thousand dollars of qualified expenditures.
    24  Rebates  shall  be allocated to applicants on a first-come, first-served
    25  basis, determined by the date the application  is  received,  until  all
    26  appropriated  funds  for the fiscal year are expended. An owner-occupied
    27  residential property or owners of commercial properties shall not exceed
    28  fifty thousand dollars in expenditures per fiscal year.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11804-03-3

        S. 8205                             2

     1    (3) If the amount of credit  allowable  under  this  subsection  shall
     2  exceed  the  taxpayer's  tax  for  such year and the taxpayer's New York
     3  adjusted gross income for such  year  does  not  exceed  sixty  thousand
     4  dollars,  the  excess  shall  be  treated as an overpayment of tax to be
     5  credited  or  refunded  in accordance with the provisions of section six
     6  hundred eighty-six of this article; provided, however, that no  interest
     7  shall  be paid thereon. If the taxpayer's New York adjusted gross income
     8  for such year exceeds sixty thousand dollars, the excess credit  may  be
     9  carried over to the following year or years and may be deducted from the
    10  taxpayer's tax for such year or years.
    11    § 2. This act shall take effect immediately and shall apply to taxable
    12  years commencing on and after such date.
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