BILL NUMBER:S2678

TITLE OF BILL:
An act
to amend the tax law, in relation to providing an exemption from sales
and compensating use taxes for certain aircraft purchased in the
state

PURPOSE:
This bill would exempt from sales and use taxes the purchase of
general aviation aircraft.

SUMMARY OF PROVISIONS:
 § 1- This act shall be known and may be cited as the "New York
 Aviation Jobs Act".

 § 2- Amends Tax Law § 1115 (dd) by amending paragraph 1 to exempt from
 sales and use taxation the purchase of general aviation aircraft
 similar to the current exemption granted to commercial service
 aircraft.

 § 3- Effective date.

 JUSTIFICATION:
Airports are one of the economic engines that fuel growth in the
communities that they serve.
              

The economic benefits of airports in this state are quite large.

Annual economic activity attributable to aviation is $36 billion. Over
300,000, New York residents owe their jobs directly or indirectly to
airports. These jobs pay nearly $12 billion in payroll on an annual
basis. Airports and aviation industries pay over $ 2.7 billion in
state and local taxes each year.

New York air service is critical to the economic well-being of 1his
state and to the traveling public. Airline commercial service is
provided at 18 airports located in urban and rural areas throughout
the state. In addition to commercial service airports, hundreds of
other general aviation airports are located throughout the state. These
airports provide services such as charter flights for businesses and
executives, quick access for medical emergencies and law enforcement
needs, flight training, and tourism & recreational flying.

This bill will make New York competitive with other states that
already exempt sales taxes related to the purchase of general
aviation aircraft. Connecticut, Massachusetts, New Jersey and New
Hampshire are a few of the regional states that exempt these aviation
purchases from sales and use taxes or provide more favorable tax
treatment.

Since the sales tax exemption for the maintenance, repair, overhaul or
rebuilding of aircraft was enacted in 2004, New York has attracted
significant investment in aviation services. The recent study by the
New York State Department of Taxation and Finance--A Review of the
Sales and Use Tax Exemption for Private Aircraft Parts and
Service---demonstrates that this particular tax exemption has been a
tremendous success, resulting in an expansion of aviation maintenance
and repair businesses, the creation of jobs here in New York and an
increase in state tax revenue.

Should New York exempt the purchase of general aviation aircraft, it
will timber encourage existing aircraft maintenance facilities to
expand their operations. In addition, other companies would look to
New York to locate or relocate their business jets and operations
within this state.
Like the maintenance and repair exemption, an exemption for the
purchase of aircraft is expected to increase state revenues and
leverage significant economic returns for local communities and the
state.

LEGISLATIVE HISTORY:
2007-2008: S.425-B
2009-2010: S.4551-A

FISCAL IMPLICATIONS:
NYS Department of Taxation & Finance estimates that state and local
governments will see an offset to possible tax losses with an
increased amount of economic development payroll taxes, property
taxes, and sales taxes in other ancillary services and increased fuel
tax collections from aircraft maintenance and in-state basing as a
result of the increase in aviation activity.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to sales made,
services rendered and uses occurring on or after such date in
accordance with the applicable transitional provisions of sections
1106 and 1217 of the tax law. The commissioner of taxation and
finance shall be immediately authorized to adopt and amend any rules
or regulations and issue any procedure, forms or instructions
necessary to implement this act on its effective date.