S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    223
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GUNTHER, CAHILL -- Multi-Sponsored by -- M. of A.
   COOK -- read once and referred to the Committee on Ways and Means
 
 AN  ACT  to amend the tax law, in relation to establishing an income tax
   credit for certain metropolitan commuters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (kkk) to read as follows:
   (KKK) METROPOLITAN COMMUTER TRANSPORTATION DISTRICT  FEE  TAX  CREDIT.
 ANY  PERSON  WHO  PAYS  THE  REGISTRATION  FEE  REQUIRED BY SECTION FOUR
 HUNDRED NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM  VEHICLE
 REGISTERED  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED ONE
 OF THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE  HUNDRED
 PERCENT  OF  SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
 IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION  FOR  ANY  TAXABLE
 YEAR  EXCEEDS  THE  TAXPAYER'S  TAX  FOR  SUCH YEAR, THE EXCESS SHALL BE
 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
 CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
 follows:
 (XLVI) METROPOLITAN COMMUTER         AMOUNT OF CREDIT UNDER
 TRANSPORTATION DISTRICT FEE TAX      SUBDIVISION FIFTY-FIVE OF
 CREDIT UNDER SUBSECTION (KKK)        SECTION TWO HUNDRED TEN-B
   §  3. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 55 to read as follows:
   55. METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE TAX CREDIT.  (A)
 ANY TAXPAYER WHO PAYS THE REGISTRATION  FEE  REQUIRED  BY  SECTION  FOUR
 HUNDRED  NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM VEHICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02621-01-1

 A. 223                              2
 
 REGISTERED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED  ONE
 OF  THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE HUNDRED
 PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  FIXED  DOLLAR  MINIMUM  AMOUNT PRESCRIBED IN PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER,  IF
 THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
 REDUCES  THE  TAX  TO  SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX
 BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS  NOT
 DEDUCTIBLE  IN  SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF
 TAX TO BE CREDITED OR REFUNDED IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE
 PROVISIONS OF SUBSECTION (C) OF SECTION  ONE  THOUSAND  EIGHTY-EIGHT  OF
 THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 4. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2020.