S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9599--A

                          I N  A S S E M B L Y

                             March 21, 2016
                               ___________

Introduced  by  M.  of A. HYNDMAN, BRAUNSTEIN, WALKER, ROBINSON, HUNTER,
  SEPULVEDA -- Multi-Sponsored by -- M. of A.  CANCEL,  HOOPER  --  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 creating a vending  to  food
  pantries and soup kitchens tax credit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 28 to read as follows:
  28.  VENDING TO FOOD PANTRY AND SOUP KITCHEN TAX CREDIT. (A) TAXPAYERS
WHO OPERATE FARMS IN THE STATE OF NEW YORK AND SELL FRUITS  AND  VEGETA-
BLES  GROWN IN NEW YORK TO FOOD PANTRIES AND SOUP KITCHENS MAY CLAIM THE
VENDING TO FOOD PANTRY AND SOUP  KITCHEN  TAX  CREDIT  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE AT THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER,
THAT THE UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT  BE  CARRIED
FORWARD AND APPLIED TO ANOTHER TAX YEAR.
  (B)  THE  AMOUNT  OF  THE CREDIT SHALL BE FIFTY PERCENT OF THE REVENUE
EARNED BY THE FARMER FROM THE SALE OF FRUITS AND VEGETABLES GROWN IN NEW
YORK TO FOOD PANTRIES AND SOUP KITCHENS.
  (C) TAXPAYERS CLAIMING THE VENDING TO FOOD PANTRY AND SOUP KITCHEN TAX
CREDIT SHALL SUBMIT COPIES OF THE SALES RECEIPTS WITH TAX  RETURNS  THAT
CLAIM A TAX CREDIT.
  S  2. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC) VENDING TO FOOD PANTRY  AND  SOUP  KITCHEN  TAX  CREDIT.  (1)  A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE  FOR  REVENUE  EARNED  BY VENDING FRUITS AND VEGETABLES GROWN IN NEW
YORK TO FOOD PANTRIES AND SOUP KITCHENS, TO BE COMPUTED AS  PROVIDED  IN
PARAGRAPH TWO OF THIS SUBSECTION.
  (2)  THE AMOUNT OF CREDIT SHALL BE FIFTY PERCENT OF THE REVENUE EARNED
BY THE FARMER FROM THE SALE OF FRUITS AND VEGETABLES GROWN IN  NEW  YORK
TO  FOOD  PANTRIES  AND  SOUP  KITCHENS.  IN  NO  EVENT SHALL THE CREDIT

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

                                                           LBD10554-06-6

A. 9599--A                          2

PROVIDED IN THIS SUBSECTION BE ALLOWED IN EXCESS OF THE  TAXPAYER'S  TAX
FOR SUCH YEAR.
  S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new  clause  (xliii)  to  read  as
follows:
(XLIII) VENDING TO FOOD PANTRY       AMOUNT OF CREDIT UNDER
AND SOUP KITCHEN TAX CREDIT          SUBDIVISION TWENTY-EIGHT OF
UNDER SUBSECTION (CCC)               SECTION TWO HUNDRED TEN-B
  S  4.  This act shall take effect immediately; provided, however, that
the credits established by sections one, two and three of this act shall
apply to taxable years beginning on or after January 1, 2017.