Bill Text: NY S08733 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides farm beverage manufacturers a tax credit for providing spent grain or grape pomace to farmers at no cost.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08733 Detail]
Download: New_York-2017-S08733-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8733 IN SENATE May 10, 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 providing a tax credit to farm beverage manufacturers that provide spent grain or grape pomace to farmers at no cost 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 53 to read as follows: 3 53. Credit for farm beverage manufacturers that provide spent grain or 4 grape pomace to farmers at no cost. (a) Allowance of credit. A taxpayer 5 that holds a farm brewery license, farm distillery license or farm 6 winery license shall be allowed a credit against the tax imposed by this 7 article for twenty-five percent of the cost of grain or grapes used in 8 the brewing, vinification or distilling process, for providing spent 9 grain or grape pomace to farmers at no cost. For purposes of this subdi- 10 vision: 11 (i) "farm brewery license" shall mean the license as specified in 12 section fifty-one-a of the alcoholic beverage control law; 13 (ii) "farm distillery license" shall mean the license as specified in 14 paragraph (a) of subdivision two-c of section sixty-one of the alcoholic 15 beverage control law; 16 (iii) "farm winery license" shall mean the license as specified in 17 section seventy-six-a of the alcoholic beverage control law; 18 (iv) "spent grain" shall mean the leftover malt and adjuncts after the 19 mash has extracted most of the sugars, proteins, and nutrients from 20 grain used in the brewing or distilling process; 21 (v) "grape pomace" shall mean the skins, pulp and seeds from grapes 22 used in wine production; and 23 (vi) "farmer" shall mean a farmer who has livestock and livestock 24 products, including but not limited to, cattle, sheep, hogs, goats, 25 horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15101-03-8S. 8733 2 1 farmed deer, farmed buffalo, fur bearing animals, wool bearing animals, 2 such as alpacas and llamas, milk, eggs and furs. 3 (b) Application of credit. If the amount of the credit allowed under 4 this subdivision for any taxable year shall exceed the taxpayer's tax 5 for such year, the excess shall be treated as an overpayment of tax to 6 be credited or refunded in accordance with the provisions of section six 7 hundred eighty-six of this chapter, provided, however, that no interest 8 shall be paid thereon. 9 § 2. Section 606 of the tax law is amended by adding a new subsection 10 (jjj) to read as follows: 11 (jjj) Credit for farm beverage manufacturers that donate their spent 12 grain or grape pomace to farmers at no cost. (1) Allowance of credit. A 13 taxpayer that holds a farm brewery license, farm distillery license or 14 farm winery license shall be allowed a credit against the tax imposed by 15 this article for twenty-five percent of the cost of grain or grapes used 16 in the brewing, vinification or distilling process, for providing spent 17 grain or grape pomace to farmers at no cost. For purposes of this 18 subsection: 19 (A) "Farm brewery license" shall mean the license as specified in 20 section fifty-one-a of the alcoholic beverage control law; 21 (B) "Farm distillery license" shall mean the license as specified in 22 paragraph (a) of subdivision two-c of section sixty-one of the alcoholic 23 beverage control law; 24 (C) "Farm winery license" shall mean the license as specified in 25 section seventy-six-a of the alcoholic beverage control law; 26 (D) "Spent grain" shall mean the leftover malt and adjuncts after the 27 mash has extracted most of the sugars, proteins, and nutrients from 28 grain used in the brewing or distilling process; 29 (E) "grape pomace" shall mean the skins, pulp and seeds from grapes 30 used in wine production; and 31 (F) "Farmer" shall mean a farmer who has livestock and livestock 32 products, including but not limited to, cattle, sheep, hogs, goats, 33 horses, poultry, fish, ratites, such as ostriches, emus, rheas and 34 kiwis, farmed deer, farmed buffalo, fur bearing animals, wool bearing 35 animals, such as alpacas and llamas, milk, eggs and furs. 36 (2) Application of credit. If the amount of the credit allowed under 37 this subsection for any taxable year shall exceed the taxpayer's tax for 38 such year, the excess shall be treated as an overpayment of tax to be 39 credited or refunded in accordance with the provisions of section six 40 hundred eighty-six of this article, provided, however, that no interest 41 shall be paid thereon. 42 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 43 of the tax law is amended by adding a new clause (xliv) to read as 44 follows: 45 (xliv) Credit for farm Costs under subdivision 46 beverage manufacturers fifty-three of section 47 that provide spent two hundred ten-B 48 grain or grape pomace to farmers 49 at no cost under subsection (jjj) 50 § 4. This act shall take effect immediately and shall apply to taxable 51 years beginning on and after January 1, 2019.
