S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2654
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, BLANKENBUSH, TAGUE, STIRPE, WOER-
   NER, BUTTENSCHON -- Multi-Sponsored by -- M. of A. HAWLEY -- read once
   and referred to the Committee  on  Tourism,  Parks,  Arts  and  Sports
   Development
 
 AN  ACT  to  amend the tax law, in relation to providing a tax credit to
   certain landowners who allow snowmobile access on such land
 
   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 (n-3) to read as follows:
   (N-3) CREDIT FOR CERTAIN LANDOWNERS WHO ALLOW SNOWMOBILE ACCESS.   (1)
 AN  INDIVIDUAL TAXPAYER WHO MEETS THE ELIGIBILITY STANDARDS IN PARAGRAPH
 TWO OF THIS SUBSECTION SHALL BE  ALLOWED  A  CREDIT  AGAINST  THE  TAXES
 IMPOSED  BY  THIS  ARTICLE IN THE AMOUNT SPECIFIED IN PARAGRAPH THREE OF
 THIS SUBSECTION.
   (2) TO BE ELIGIBLE FOR THE CREDIT, THE TAXPAYER (OR  TAXPAYERS  FILING
 JOINT  RETURNS)  ON THE PERSONAL INCOME TAX RETURN MUST ALLOW SNOWMOBILE
 ACCESS IN THE FORM OF A STATE-FUNDED SNOWMOBILE TRAIL OR PORTION THEREOF
 ON PROPERTY OWNED BY THE TAXPAYER.
   (3) A TAXPAYER SHALL BE ALLOWED A CREDIT EQUAL TO TEN CENTS PER LINEAR
 FOOT OF STATE-FUNDED SNOWMOBILE TRAIL ON ELIGIBLE PROPERTY  PURSUANT  TO
 PARAGRAPH TWO OF THIS SUBSECTION.
   (4)  THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED BY A TAXPAYER PURSU-
 ANT TO THIS SUBSECTION SHALL NOT EXCEED SEVEN HUNDRED FIFTY  DOLLARS  IN
 ANY GIVEN YEAR.
   (5)  IF  THE  AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR,  THE  EXCESS
 ALLOWED  FOR A TAXABLE YEAR COMMENCING PRIOR TO JANUARY FIRST, TWO THOU-
 SAND TWENTY-TWO MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR  YEARS  AND
 MAY  BE  DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS, BUT IN
 NO EVENT SHALL SUCH CREDIT BE CARRIED OVER TO TAXABLE  YEARS  COMMENCING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04383-01-1

 A. 2654                             2
 
 ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND THIRTY-TWO, AND ANY AMOUNT OF
 CREDIT ALLOWED FOR A TAXABLE YEAR COMMENCING ON OR AFTER JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-TWO AND NOT DEDUCTIBLE IN SUCH YEAR MAY BE CARRIED
 OVER  TO  THE TEN TAXABLE YEARS NEXT FOLLOWING SUCH TAXABLE YEAR AND MAY
 BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. IN  LIEU  OF
 CARRYING  OVER  ANY  SUCH EXCESS, A TAXPAYER WHO IS ELIGIBLE PURSUANT TO
 PARAGRAPH TWO OF THIS SUBSECTION MAY, AT HIS OR HER OPTION, RECEIVE SUCH
 EXCESS AS A REFUND. ANY REFUND PAID PURSUANT TO THIS PARAGRAPH SHALL  BE
 DEEMED  TO  BE  A REFUND OF AN OVERPAYMENT OF TAX AS PROVIDED IN SECTION
 SIX HUNDRED EIGHTY-SIX OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THAT  NO
 INTEREST SHALL BE PAID THEREON.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 taxable  years  beginning on or after such date. The department of taxa-
 tion and finance is  authorized  to  promulgate  rules  and  regulations
 necessary  for  the  timely implementation of this act on or before such
 effective date.