NY State Assembly Bill 2021-A6870B

Assembly Bill A6870B

2021-2022 Legislative Session

Exempts from sales and compensating use taxes and establishes a tax credit for any equipment or product purchased by a small business that is used to comply with a COVID-19 health and safety plan

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to ways and means
May 12, 2021	print number 6870b
May 12, 2021	amend and recommit to ways and means
May 07, 2021	print number 6870a
May 07, 2021	amend and recommit to ways and means
Apr 13, 2021	referred to ways and means

Bill Amendments

Original

B (Active)

2021-A6870 - Details

See Senate Version of this Bill:: S540
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S9078

2021-A6870 - Summary

Establishes a tax credit for any equipment or product, including materials used in the construction of physical barriers, purchased by a small business doing business in this state that is directly used by such small business to comply with a COVID-19 health and safety plan.

2021-A6870 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6870
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the tax law, in relation to  exempting  from  sales  and
   compensating use taxes and establishing a tax credit for any equipment
   or product purchased by a small business that is used to comply with a
   COVID-19 health and safety plan

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
 by adding a new paragraph 46 to read as follows:
   (46)  ANY  EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS OR PARTITIONS, PURCHASED  BY  A
 SMALL  BUSINESS  DOING  BUSINESS  IN THIS STATE THAT IS DIRECTLY USED BY
 SUCH SMALL BUSINESS TO BE IN COMPLIANCE WITH A COVID-19 HEALTH AND SAFE-
 TY PLAN. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55.  SALES  TAX  PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) FOR THE PERIOD BEGINNING  MAY  FIFTEENTH,  TWO  THOUSAND
 TWENTY  AND ENDING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAXPAYER
 WHO OWNS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES  TAX  PAID
 FOR   ANY   EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN  THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS  OR  PARTITIONS,  PURCHASED  BY
 SUCH  SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH
 AND SAFETY PLAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04910-01-1

 A. 6870                             2
 
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE SMALL BUSINESS'S TAX FOR  SUCH  YEAR,  THE
 EXCESS  SHALL  BE  TREATED  AS  AN  OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   (3)  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (kkk) to read as follows:
   (KKK)  SALES TAX PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) FOR THE PERIOD BEGINNING  MAY  FIFTEENTH,  TWO  THOUSAND
 TWENTY  AND  ENDING ON THE EFFECTIVE DATE OF THIS SUBSECTION, A TAXPAYER
 WHO OWNS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES  TAX  PAID
 FOR   ANY   EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN  THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS  OR  PARTITIONS,  PURCHASED  BY
 SUCH  SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH
 AND SAFETY PLAN.
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
 TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   (3)  FOR  PURPOSES OF THIS SUBSECTION, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   § 4. 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) SALES TAX PAID ON MATERIALS   SALES TAX PAID ON
 FOR COVID-19 HEALTH AND SAFETY       MATERIALS FOR
 PLAN COMPLIANCE UNDER                COVID-19 HEALTH
 SUBSECTION (KKK)                     AND SAFETY PLAN
                                      COMPLIANCE UNDER
                                      SUBDIVISION FIFTY-FIVE
                                      OF SECTION TWO
                                      HUNDRED TEN-B
   § 5. This act shall take effect on the first  day  of  the  sales  tax
 quarterly  period commencing after this act shall have become a law, and
 shall apply to sales made and uses occurring on and after such  date  in
 accordance  with applicable transitional provisions of sections 1106 and
 1217 of the tax law; provided that  the  commissioner  of  taxation  and
 finance  shall  be  authorized on and after the date this act shall have
 become a law to take steps necessary to implement the provisions of this
 act on its effective date.

2021-A6870A - Details

See Senate Version of this Bill:: S540
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S9078

2021-A6870A - Summary

2021-A6870A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6870--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee 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 establishing a tax credit
   for any equipment or product purchased by a  small  business  that  is
   used to comply with a COVID-19 health and safety plan
 
   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 58 to read as follows:
   58.  SALES  TAX  PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) FOR THE PERIOD BEGINNING  MAY  FIFTEENTH,  TWO  THOUSAND
 TWENTY  AND ENDING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAXPAYER
 WHO OWNS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES  TAX  PAID
 FOR   ANY   EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN  THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS  OR  PARTITIONS,  PURCHASED  BY
 SUCH  SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH
 AND SAFETY PLAN.
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE SMALL BUSINESS'S TAX FOR  SUCH  YEAR,  THE
 EXCESS  SHALL  BE  TREATED  AS  AN  OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   (3) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL BUSINESS"  SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (nnn) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04910-03-1

 A. 6870--A                          2
 
   (NNN) SALES TAX PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY  PLAN
 COMPLIANCE.  (1)  FOR  THE  PERIOD BEGINNING MAY FIFTEENTH, TWO THOUSAND
 TWENTY AND ENDING ON THE EFFECTIVE DATE OF THIS SUBSECTION,  A  TAXPAYER
 WHO  OWNS  A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES TAX PAID
 FOR   ANY   EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN  THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS  OR  PARTITIONS,  PURCHASED  BY
 SUCH  SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH
 AND SAFETY PLAN.
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
 TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   (3)  FOR  PURPOSES OF THIS SUBSECTION, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by adding a new clause (xlix) to read as
 follows:
 (XLIX) SALES TAX PAID ON MATERIALS   SALES TAX PAID ON
 FOR COVID-19 HEALTH AND SAFETY       MATERIALS FOR
 PLAN COMPLIANCE UNDER                COVID-19 HEALTH
 SUBSECTION (NNN)                     AND SAFETY PLAN
                                      COMPLIANCE UNDER
                                      SUBDIVISION FIFTY-EIGHT
                                      OF SECTION TWO
                                      HUNDRED TEN-B
   § 4. This act shall take effect on the first  day  of  the  sales  tax
 quarterly  period commencing after this act shall have become a law, and
 shall apply to sales made and uses occurring on and after such  date  in
 accordance  with applicable transitional provisions of sections 1106 and
 1217 of the tax law; provided that  the  commissioner  of  taxation  and
 finance  shall  be  authorized on and after the date this act shall have
 become a law to take steps necessary to implement the provisions of this
 act on its effective date.

2021-A6870B (ACTIVE) - Details

See Senate Version of this Bill:: S540
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:: S9078

2021-A6870B (ACTIVE) - Summary

2021-A6870B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6870--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Ways and Means -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend the tax law, in relation to establishing a tax credit
   for any equipment or product purchased by a  small  business  that  is
   used to comply with a COVID-19 health and safety plan
 
   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 58 to read as follows:
   58.  SALES  TAX  PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE  ALLOWED  A
 CREDIT  FOR  SALES TAX PAID DURING THE ELIGIBILITY PERIOD FOR ANY EQUIP-
 MENT OR PRODUCT, INCLUDING MATERIALS USED IN THE CONSTRUCTION  OF  PHYS-
 ICAL  BARRIERS,  INCLUDING  BUT  NOT LIMITED TO PLASTIC SHIELDING WALLS,
 STRIP CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR MATERIALS, OR OTHER
 IMPERMEABLE DIVIDERS OR PARTITIONS, PURCHASED BY SUCH SMALL BUSINESS  IN
 ORDER  TO  BE IN COMPLIANCE WITH A COVID-19 HEALTH AND SAFETY PLAN.  THE
 ELIGIBILITY PERIOD  SHALL  BE  THE  PERIOD  OF  TIME  BEGINNING  ON  MAY
 FIFTEENTH,  TWO  THOUSAND TWENTY AND ENDING WITH THE END OF THE DECLARED
 COVID-19 STATE OF EMERGENCY AS SET OUT PURSUANT TO EXECUTIVE  ORDER  TWO
 HUNDRED  TWO  OF TWO THOUSAND TWENTY AND AS CONTINUED IN EACH SUBSEQUENT
 EXECUTIVE ORDER.
   (2) 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 CRED-
 IT  ALLOWED  UNDER  THIS SUBDIVISION FOR ANY  TAXABLE  YEAR  REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04910-05-1

 A. 6870--B                          2
 
 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 CHAP-
 TER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   (3) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL BUSINESS"  SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (nnn) to read as follows:
   (NNN) SALES TAX PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY  PLAN
 COMPLIANCE.  (1) A TAXPAYER WHO OWNS A SMALL BUSINESS SHALL BE ALLOWED A
 CREDIT FOR SALES TAX PAID DURING THE ELIGIBILITY PERIOD FOR  ANY  EQUIP-
 MENT  OR  PRODUCT, INCLUDING MATERIALS USED IN THE CONSTRUCTION OF PHYS-
 ICAL BARRIERS, INCLUDING BUT NOT LIMITED  TO  PLASTIC  SHIELDING  WALLS,
 STRIP CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR MATERIALS, OR OTHER
 IMPERMEABLE  DIVIDERS OR PARTITIONS, PURCHASED BY SUCH SMALL BUSINESS IN
 ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH AND  SAFETY  PLAN.  THE
 ELIGIBILITY  PERIOD  SHALL  BE  THE  PERIOD  OF  TIME  BEGINNING  ON MAY
 FIFTEENTH, TWO THOUSAND TWENTY AND ENDING WITH THE END OF  THE  DECLARED
 COVID-19  STATE  OF EMERGENCY AS SET OUT PURSUANT TO EXECUTIVE ORDER TWO
 HUNDRED TWO OF  TWO THOUSAND TWENTY AND AS CONTINUED IN EACH  SUBSEQUENT
 EXECUTIVE ORDER.
   (2)  IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR,  THE  EXCESS
 SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   (3) FOR PURPOSES OF THIS SUBSECTION, THE TERM "SMALL  BUSINESS"  SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlix)  to  read  as
 follows:
 (XLIX) SALES TAX PAID ON MATERIALS   SALES TAX PAID ON
 FOR COVID-19 HEALTH AND SAFETY       MATERIALS FOR
 PLAN COMPLIANCE UNDER                COVID-19 HEALTH
 SUBSECTION (NNN)                     AND SAFETY PLAN
                                      COMPLIANCE UNDER
                                      SUBDIVISION FIFTY-EIGHT
                                      OF SECTION TWO
                                      HUNDRED TEN-B
   §  4. This act shall take effect immediately, and shall apply to taxa-
 ble years beginning on and after January  1,  2021;  provided  that  the
 commissioner  of  taxation  and finance shall be authorized on and after
 the date this act shall have become a law to  take  steps  necessary  to
 implement the provisions of this act on its effective date.

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