S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2672
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Ways and Means
 
 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.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) 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.
              

                                                            LBD06689-01-1

 A. 2672                             2
 
 PROVIDED IN THIS SUBSECTION BE ALLOWED IN EXCESS OF THE  TAXPAYER'S  TAX
 FOR SUCH YEAR.
   §  3. 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) VENDING TO FOOD PANTRY        AMOUNT OF CREDIT UNDER SUBDIVISION
 AND SOUP KITCHEN TAX CREDIT          TWENTY-EIGHT OF SECTION TWO
 UNDER SUBSECTION (KKK)               HUNDRED TEN-B
   §  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, 2022.