S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7026
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend  the  tax  law,  in  relation  to  establishing  a  fine
   reimbursement  credit  for  taxpayers  fined  for  operating  a bar or
   restaurant during the COVID-19 pandemic

   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) FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANU-
 ARY FIRST, TWO THOUSAND TWENTY AND  ENDING  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-TWO, A TAXPAYER WHO HAS BEEN LEVIED A FINE BETWEEN MARCH
 FIFTEENTH,  TWO  THOUSAND TWENTY AND APRIL FIFTEENTH, TWO THOUSAND TWEN-
 TY-ONE FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF  TWO
 THOUSAND  TWENTY  OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION OF A
 BAR OR RESTAURANT DURING THE COVID-19 PANDEMIC SHALL BE ALLOWED A CREDIT
 AGAINST THE TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH FINE.  THE
 COMMISSIONER  OF  TAXATION AND FINANCE, IN CONSULTATION WITH THE COMMIS-
 SIONERS OF THE STATE LIQUOR  AUTHORITY,  SHALL  HAVE  THE  AUTHORITY  TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBSECTION.
   (2)  IF  THE  AMOUNT  OF  CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE 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, NO INTEREST WILL BE PAID THEREON.
   §  2. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 55 to read as follows:
   55. FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANUARY
 FIRST, TWO THOUSAND TWENTY AND ENDING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-TWO, A  TAXPAYER  WHO  HAS  BEEN  LEVIED  A  FINE  BETWEEN  MARCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10533-01-1

 A. 7026                             2
 
 FIFTEENTH,  TWO  THOUSAND TWENTY AND APRIL FIFTEENTH, TWO THOUSAND TWEN-
 TY-ONE FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF  TWO
 THOUSAND  TWENTY  OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION OF A
 BAR OR RESTAURANT DURING THE COVID-19 PANDEMIC SHALL BE ALLOWED A CREDIT
 AGAINST  THE TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH FINE. THE
 COMMISSIONER OF TAXATION AND FINANCE, IN CONSULTATION WITH  THE  COMMIS-
 SIONERS  OF  THE  STATE  LIQUOR  AUTHORITY,  SHALL HAVE THE AUTHORITY TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBDIVISION.
   (2) IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS  SUBDIVISION  FOR  ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE 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
 CHAPTER, PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   § 3. This act shall take effect immediately.