[ ] is old law to be omitted.
LBD12674-05-2
S. 8009--C 2 A. 9009--C
relating to establishing the New York city musical and theatrical
production tax credit and establishing the New York state council on
the arts cultural program fund, in relation to the effectiveness ther-
eof (Part F); intentionally omitted (Part G); to amend the tax law, in
relation to extending and modifying the hire a vet credit (Part H); to
amend the tax law, in relation to establishing a tax credit for the
conversion from grade no. 6 heating oil usage to biodiesel heating oil
and geothermal systems (Part I); to amend the public housing law, in
relation to extending the credit against income tax for persons or
entities investing in low-income housing (Part J); to amend the tax
law, in relation to extending the clean heating fuel credit for three
years (Part K); to amend chapter 604 of the laws of 2011 amending the
tax law relating to the credit for companies who provide transporta-
tion to people with disabilities, in relation to the effectiveness
thereof; and to amend the tax law, in relation to the application of a
credit for companies who provide transportation to individuals with
disabilities (Part L); to amend the tax law, in relation to the empire
state film production credit and the empire state film post production
credit (Part M); to amend the labor law, in relation to extending the
New York youth jobs program tax credit (Part N); to amend the labor
law, in relation to extending the empire state apprenticeship tax
credit program (Part O); to amend the tax law, in relation to extend-
ing the alternative fuels and electric vehicle recharging property
credit (Part P); to amend the labor law, in relation to the program
period for the workers with disabilities tax credit program; and to
amend part MM of chapter 59 of the laws of 2014 amending the labor law
and the tax law relating to the creation of the workers with disabili-
ties tax credit program, in relation to the effectiveness thereof
(Part Q); intentionally omitted (Part R); intentionally omitted (Part
S); to amend the tax law, in relation to exempting certain fuels used
by tugboats and towboats from the petroleum business tax (Part T);
intentionally omitted (Part U); intentionally omitted (Part V); to
amend the tax law, in relation to requiring publication of changes in
withholding tables and interest rates (Part W); to amend the tax law,
in relation to expanding the definition of financial institution under
the financial institution data match program (Part X); to amend the
real property tax law, in relation to the challenge of assessed value
by owners of local public utility mass real property; and to amend
chapter 475 of the laws of 2013, relating to assessment ceilings for
local public utility mass real property, in relation to extending the
assessment ceiling for local public utility mass real property to
January 1, 2027 (Part Y); to amend the real property tax law, in
relation to good cause refunds for the STAR program (Subpart A);
intentionally omitted (Subpart B); to amend the tax law, in relation
to clarifying the applicable income tax year for the basic STAR credit
(Subpart C); to amend the tax law, in relation to allowing names of
STAR credit recipients to be shared with assessors outside of New York
state (Subpart D); and to amend the tax law, in relation to allowing
decedent reports to be given to assessors (Subpart E) (Part Z); to
amend the real property tax law, in relation to the grievance process
with respect to the valuation of solar and wind energy systems (Part
AA); to amend the tax law, in relation to establishing a homeowner tax
rebate credit (Part BB); intentionally omitted (Part CC); to amend the
racing, pari-mutuel wagering and breeding law, in relation to the
utilization of funds in the Catskill and Capital regions off-track
betting corporation's capital acquisition funds; and to amend part LLL
S. 8009--C 3 A. 9009--C
of chapter 59 of the laws of 2021 amending the racing, pari-mutuel
wagering and breeding law, relating to the utilization of funds in the
Catskill and Capital regions off-track betting corporation's capital
acquisition funds, in relation to the effectiveness thereof (Part DD);
to amend the racing, pari-mutuel wagering and breeding law, in
relation to licenses for simulcast facilities, sums relating to track
simulcast, simulcast of out-of-state thoroughbred races, simulcasting
of races run by out-of-state harness tracks and distributions of
wagers; to amend chapter 281 of the laws of 1994 amending the racing,
pari-mutuel wagering and breeding law and other laws relating to
simulcasting; to amend chapter 346 of the laws of 1990 amending the
racing, pari-mutuel wagering and breeding law and other laws relating
to simulcasting and the imposition of certain taxes, in relation to
extending certain provisions thereof; and to amend the racing, pari-
mutuel wagering and breeding law, in relation to extending certain
provisions thereof (Part EE); to amend the tax law, in relation to
establishing a credit for geothermal energy systems (Part FF); to
amend the tax law, in relation to extending sales tax exemption for
certain food and drink vending machines (Part GG); to amend the real
property tax law, in relation to an abatement of real property taxes
for the creation or expansion of childcare centers in certain build-
ings in a city having a population of one million or more (Part HH);
to amend the administrative code of the city of New York, in relation
to establishing a tax credit for child care against the unincorporated
business tax, general corporation tax, and the business corporation
tax of 2015 (Part II); to amend the tax law and the administrative
code of the city of New York, in relation to the earned income tax
credit (Part JJ); to amend the economic development law and the tax
law, in relation to creating the additional restaurant return-to-work
credit (Part KK); clarifying for certain tax credit programs that work
performed remotely within the state due to the outbreak of novel coro-
navirus, COVID-19, qualifies for certain tax credit programs; and
providing for the repeal of such provisions upon expiration thereof
(Part LL); to amend the tax law, in relation to pass-through entity
tax for electing resident and standard S corporations (Subpart A); and
to amend the tax law, the public authorities law, and the administra-
tive code of the city of New York, in relation to establishing a city
pass-through entity tax (Subpart B) (Part MM); to amend the tax law,
in relation to providing a supplemental empire state child credit,
earned income tax credit payment and enhanced earned income tax credit
payment to resident taxpayers (Part NN); to amend the tax law and the
economic development law, in relation to the creation of the empire
state digital gaming media production credit (Part OO); to amend the
tax law, in relation to permitting deductions for commercial cannabis
activity (Part PP); to amend the racing, pari-mutuel wagering and
breeding law, in relation to the New York Jockey Injury Compensation
Fund, Inc. (Part QQ); and to amend the tax law, in relation to
suspending the excise tax, prepaid sales tax and state sales taxes on
motor fuel and Diesel motor fuel, and authorizing localities to elect
a cents-per-gallon rate of tax on such fuels based on four dollars
(Part RR)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
S. 8009--C 4 A. 9009--C
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2022-2023
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through RR. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part,
including the effective date of the Part, which makes a reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. This Part enacts into law major components of legislation
accelerating middle class tax cuts and providing for an alternative tax
table benefit recapture for certain taxpayers. Each component is wholly
contained within a Subpart identified as Subparts A and B. The effective
date for each particular provision contained within such Subpart is set
forth in the last section of such Subpart. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes reference to a section of "this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is found.
Section two this act sets forth the general effective date of this Part.
SUBPART A
Section 1. Clauses (vi), (vii), (viii) and (ix) of subparagraph (B) of
paragraph 1 of subsection (a) of section 601 of the tax law, clauses
(vi), (vii) and (viii) as amended and clause (ix) as added by section 1
of part A of chapter 59 of the laws of 2021, are amended to read as
follows:
(vi) For taxable years beginning in two thousand twenty-three AND
BEFORE TWO THOUSAND TWENTY-EIGHT the following rates shall apply:
[If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.73% of excess over
$27,900
Over $161,550 but not over $323,200 $8,860 plus 6.17% of excess over
$161,550
Over $323,200 but not over $18,834 plus 6.85% of
$2,155,350 excess over $323,200
Over $2,155,350 but not over $144,336 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $418,845 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,478,845 plus 10.90% of excess over
$25,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
S. 8009--C 5 A. 9009--C
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.61% of excess over
$27,900
Over $161,550 but not over $323,200 $8,700 plus 6.09% of excess over
$161,550
Over $323,200 but not over $18,544 plus 6.85% of excess over
$2,155,350 $323,200
Over $2,155,350 but not over $144,047 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $418,555 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,478,555 plus 10.90% of excess over
$25,000,000
(viii) For taxable years beginning after two thousand twenty-four and
before two thousand twenty-eight the following rates shall apply:]
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over
$27,900
Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over
$161,550
Over $323,200 but not over $18,252 plus 6.85% of excess over
$2,155,350 $323,200
Over $2,155,350 but not over $143,754 plus 9.65% of excess over
$5,000,000 $2,155,350
Over $5,000,000 but not over $418,263 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,478,263 plus 10.90% of excess over
$25,000,000
[(ix)](VII) For taxable years beginning after two thousand twenty-sev-
en the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over
$27,900
Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess
over $161,550
Over $323,200 but not over $18,252 plus 6.85% of excess
$2,155,350 over $323,200
Over $2,155,350 $143,754 plus 8.82% of excess
over $2,155,350
S. 8009--C 6 A. 9009--C
§ 2. Clauses (vi), (vii), (viii) and (ix) of subparagraph (B) of para-
graph 1 of subsection (b) of section 601 of the tax law, clauses (vi),
(vii) and (viii) as amended and clause (ix) as added by section 2 of
part A of chapter 59 of the laws of 2021, are amended to read as
follows:
(vi) For taxable years beginning in two thousand twenty-three AND
BEFORE TWO THOUSAND TWENTY-EIGHT the following rates shall apply:
[If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $107,650 $901 plus 5.73% of excess over
$20,900
Over $107,650 but not over $269,300 $5,872 plus 6.17% of excess over
$107,650
Over $269,300 but not over $15,845 plus 6.85% of excess
$1,616,450 over $269,300
Over $1,616,450 but not over $108,125 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $434,638 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,494,638 plus 10.90% of excess over
$25,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $107,650 $901 plus 5.61% of excess over
$20,900
Over $107,650 but not over $269,300 $5,768 plus 6.09% of excess over
$107,650
Over $269,300 but not over $15,612 plus 6.85% of excess
$1,616,450 over $269,300
Over $1,616,450 but not over $107,892 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $434,404 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,494,404 plus 10.90% of excess over
$25,000,000
(viii) For taxable years beginning after two thousand twenty-four and
before two thousand twenty-eight the following rates shall apply:]
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over
$12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $107,650 $901 plus 5.5% of excess over
$20,900
Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over
S. 8009--C 7 A. 9009--C
$107,650
Over $269,300 but not over $15,371 plus 6.85% of excess over
$1,616,450 $269,300
Over $1,616,450 but not over $107,651 plus 9.65% of excess over
$5,000,000 $1,616,450
Over $5,000,000 but not over $434,163 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,494,163 plus 10.90% of excess over
$25,000,000
[(ix)](VII) For taxable years beginning after two thousand twenty-sev-
en the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $512 plus 4.5% of excess over
$17,650 $12,800
Over $17,650 but not over $730 plus 5.25% of excess over
$20,900 $17,650
Over $20,900 but not over $901 plus 5.5% of excess over
$107,650 $20,900
Over $107,650 but not over $5,672 plus 6.00% of excess
$269,300 over $107,650
Over $269,300 but not over $15,371 plus 6.85% of excess
$1,616,450 over $269,300
Over $1,616,450 $107,651 plus 8.82% of excess
over $1,616,450
§ 3. Clauses (vi), (vii), (viii) and (ix) of subparagraph (B) of para-
graph 1 of subsection (c) of section 601 of the tax law, clauses (vi),
(vii) and (viii) as amended, and clause (ix) as added by section 3 of
part A of chapter 59 of the laws of 2021, are amended to read as
follows:
(vi) For taxable years beginning in two thousand twenty-three AND
BEFORE TWO THOUSAND TWENTY-EIGHT the following rates shall apply:
[If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650 $600 plus 5.73% of excess over
$13,900
Over $80,650 but not over $215,400 $4,424 plus 6.17% of excess over
$80,650
Over $215,400 but not over $12,738 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 but not over $71,796 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $450,312 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,510,312 plus 10.90% of excess over
$25,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
S. 8009--C 8 A. 9009--C
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650 $600 plus 5.61% of excess over
$13,900
Over $80,650 but not over $215,400 $4,344 plus 6.09% of excess over
$80,650
Over $215,400 but not over $12,550 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 but not over $71,608 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $450,124 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,510,124 plus 10.90% of excess over
$25,000,000
(viii) For taxable years beginning after two thousand twenty-four and
before two thousand twenty-eight the following rates shall apply:]
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650 $600 plus 5.50% of excess over
$13,900
Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over
$80,650
Over $215,400 but not over $12,356 plus 6.85% of excess over
$1,077,550 $215,400
Over $1,077,550 but not over $71,413 plus 9.65% of excess over
$5,000,000 $1,077,550
Over $5,000,000 but not over $449,929 plus 10.30% of excess over
$25,000,000 $5,000,000
Over $25,000,000 $2,509,929 plus 10.90% of excess over
$25,000,000
[(ix)](VII) For taxable years beginning after two thousand twenty-sev-
en the following rates shall apply:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $80,650 $600 plus 5.50% of excess over
$13,900
Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess
over $80,650
Over $215,400 but not over $12,356 plus 6.85% of excess
$1,077,550 over $215,400
Over $1,077,550 $71,413 plus 8.82% of excess
over $1,077,550
§ 4. This act shall take effect immediately.
S. 8009--C 9 A. 9009--C
SUBPART B
Section 1. Section 601 of the tax law is amended by adding a new
subsection (d-2) to read as follows:
(D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (D) OR (D-1) OF THIS SECTION, FOR TAXABLE YEARS
BEGINNING ON OR AFTER TWO THOUSAND TWENTY-ONE AND BEFORE TWO THOUSAND
TWENTY-TWO, THERE IS HEREBY IMPOSED A SUPPLEMENTAL TAX IN ADDITION TO
THE TAX IMPOSED UNDER SUBSECTIONS (A), (B) AND (C) OF THIS SECTION FOR
THE PURPOSE OF RECAPTURING THE BENEFIT OF THE TAX TABLES CONTAINED IN
SUCH SUBSECTIONS. DURING THESE TAXABLE YEARS, ANY REFERENCE IN THIS
CHAPTER TO SUBSECTION (D) OR (D-1) OF THIS SECTION SHALL BE READ AS A
REFERENCE TO THIS SUBSECTION.
(1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$43,000 $161,550 $0 $474
$161,550 $323,200 $474 $582
$323,200 $2,155,350 $1,056 $1,680
$2,155,350 $5,000,000 $2,736 $60,350
$5,000,000 $25,000,000 $63,086 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$43,000 $161,550 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$161,550 $323,200 NEW YORK ADJUSTED GROSS INCOME MINUS $161,550
$323,200 $2,155,350 NEW YORK ADJUSTED GROSS INCOME MINUS $323,200
$2,155,350 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $2,155,350
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN FORTY-THREE THOUSAND DOLLARS, THE SUPPLEMENTAL
TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF 5.97 PERCENT AND
NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION ON THE NEW YORK
TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION (A) OF THIS
SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME MINUS ONE
HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE DENOMINATOR OF
WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
(2) FOR RESIDENT HEADS OF HOUSEHOLDS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
S. 8009--C 10 A. 9009--C
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$107,650 $269,300 $0 $742
$269,300 $1,616,450 $742 $1,401
$1,616,450 $5,000,000 $2,143 $45,260
$5,000,000 $25,000,000 $47,403 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$107,650 $269,300 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$269,300 $1,616,450 NEW YORK ADJUSTED GROSS INCOME MINUS $269,300
$1,616,450 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,616,450
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE
PRODUCT OF 6.33 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE
COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
SUBSECTION (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR
OF WHICH IS THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED
GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$80,650 $215,400 $0 $526
$215,400 $1,077,550 $526 $1,120
$1,077,550 $5,000,000 $1,646 $30,171
$5,000,000 $25,000,000 $31,817 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$80,650 $215,400 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$215,400 $1,077,550 NEW YORK ADJUSTED GROSS INCOME MINUS $215,400
$1,077,550 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,077,550
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
S. 8009--C 11 A. 9009--C
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS,
THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
6.33 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION
ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME
MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE
DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
§ 2. Section 601 of the tax law is amended by adding a new subsection
(d-3) to read as follows:
(D-3) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (D), (D-1) OR (D-2) OF THIS SECTION, FOR TAXA-
BLE YEARS BEGINNING ON OR AFTER TWO THOUSAND TWENTY-TWO AND BEFORE TWO
THOUSAND TWENTY-THREE, THERE IS HEREBY IMPOSED A SUPPLEMENTAL TAX IN
ADDITION TO THE TAX IMPOSED UNDER SUBSECTIONS (A), (B) AND (C) OF THIS
SECTION FOR THE PURPOSE OF RECAPTURING THE BENEFIT OF THE TAX TABLES
CONTAINED IN SUCH SUBSECTIONS. DURING THESE TAXABLE YEARS, ANY REFERENCE
IN THIS CHAPTER TO SUBSECTION (D), (D-1) OR (D-2) OF THIS SECTION SHALL
BE READ AS A REFERENCE TO THIS SUBSECTION.
(1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$27,900 $161,550 $0 $430
$161,550 $323,200 $430 $646
$323,200 $2,155,350 $1,076 $1,940
$2,155,350 $5,000,000 $3,016 $60,349
$5,000,000 $25,000,000 $63,365 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$27,900 $161,550 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$161,550 $323,200 NEW YORK ADJUSTED GROSS INCOME MINUS $161,550
$323,200 $2,155,350 NEW YORK ADJUSTED GROSS INCOME MINUS $323,200
$2,155,350 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $2,155,350
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN TWENTY-SEVEN THOUSAND NINE HUNDRED DOLLARS,
THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
5.85 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION
ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
S. 8009--C 12 A. 9009--C
THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME
MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE
DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
(2) FOR RESIDENT HEADS OF HOUSEHOLDS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$107,650 $269,300 $0 $752
$269,300 $1,616,450 $752 $1,616
$1,616,450 $5,000,000 $2,368 $45,261
$5,000,000 $25,000,000 $47,629 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$107,650 $269,300 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$269,300 $1,616,450 NEW YORK ADJUSTED GROSS INCOME MINUS $269,300
$1,616,450 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,616,450
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE
PRODUCT OF 6.25 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE
COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
SUBSECTION (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR
OF WHICH IS THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED
GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$80,650 $215,400 $0 $536
$215,400 $1,077,550 $536 $1,293
$1,077,550 $5,000,000 $1,829 $30,171
$5,000,000 $25,000,000 $32,000 $32,500
S. 8009--C 13 A. 9009--C
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$80,650 $215,400 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$215,400 $1,077,550 NEW YORK ADJUSTED GROSS INCOME MINUS $215,400
$1,077,550 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,077,550
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS,
THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
6.25 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION
ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME
MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE
DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
§ 3. Section 601 of the tax law is amended by adding a new subsection
(d-4) to read as follows:
(D-4) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (D), (D-1), (D-2) OR (D-3) OF THIS SECTION, FOR
TAXABLE YEARS BEGINNING ON OR AFTER TWO THOUSAND TWENTY-THREE AND BEFORE
TWO THOUSAND TWENTY-EIGHT, THERE IS HEREBY IMPOSED A SUPPLEMENTAL TAX IN
ADDITION TO THE TAX IMPOSED UNDER SUBSECTIONS (A), (B) AND (C) OF THIS
SECTION FOR THE PURPOSE OF RECAPTURING THE BENEFIT OF THE TAX TABLES
CONTAINED IN SUCH SUBSECTIONS. DURING THESE TAXABLE YEARS, ANY REFERENCE
IN THIS CHAPTER TO SUBSECTION (D), (D-1), (D-2) OR (D-3) OF THIS SECTION
SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
(1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$27,900 $161,550 $0 $333
$161,550 $323,200 $333 $807
$323,200 $2,155,350 $1,140 $2,747
$2,155,350 $5,000,000 $3,887 $60,350
$5,000,000 $25,000,000 $64,237 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$27,900 $161,550 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$161,550 $323,200 NEW YORK ADJUSTED GROSS INCOME MINUS $161,550
$323,200 $2,155,350 NEW YORK ADJUSTED GROSS INCOME MINUS $323,200
S. 8009--C 14 A. 9009--C
$2,155,350 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $2,155,350
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN TWENTY-SEVEN THOUSAND NINE HUNDRED DOLLARS,
THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
5.50 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION
ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME
MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE
DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
(2) FOR RESIDENT HEADS OF HOUSEHOLDS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$107,650 $269,300 $0 $787
$269,300 $1,616,450 $787 $2,289
$1,616,450 $5,000,000 $3,076 $45,261
$5,000,000 $25,000,000 $48,337 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$107,650 $269,300 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$269,300 $1,616,450 NEW YORK ADJUSTED GROSS INCOME MINUS $269,300
$1,616,450 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,616,450
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE
PRODUCT OF 6.00 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE
COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF
SUBSECTION (B) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR
OF WHICH IS THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED
GROSS INCOME MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY
DOLLARS, AND THE DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
S. 8009--C 15 A. 9009--C
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS:
(A) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN $107,650, BUT
NOT OVER $25,000,000:
(I) THE RECAPTURE BASE AND INCREMENTAL BENEFIT SHALL BE DETERMINED BY
NEW YORK TAXABLE INCOME AS FOLLOWS:
GREATER THAN NOT OVER RECAPTURE BASE INCREMENTAL BENEFIT
$80,650 $215,400 $0 $568
$215,400 $1,077,550 $568 $1,831
$1,077,550 $5,000,000 $2,399 $30,172
$5,000,000 $25,000,000 $32,571 $32,500
(II) THE APPLICABLE AMOUNT SHALL BE DETERMINED BY NEW YORK TAXABLE
INCOME AS FOLLOWS:
GREATER THAN NOT OVER APPLICABLE AMOUNT
$80,650 $215,400 NEW YORK ADJUSTED GROSS INCOME MINUS $107,650
$215,400 $1,077,550 NEW YORK ADJUSTED GROSS INCOME MINUS $215,400
$1,077,550 $5,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $1,077,550
$5,000,000 $25,000,000 NEW YORK ADJUSTED GROSS INCOME MINUS $5,000,000
(III) THE PHASE-IN FRACTION SHALL BE A FRACTION, THE NUMERATOR OF
WHICH SHALL BE THE LESSER OF FIFTY THOUSAND DOLLARS OR THE APPLICABLE
AMOUNT AND THE DENOMINATOR OF WHICH SHALL BE FIFTY THOUSAND DOLLARS; AND
(IV) THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE SUM OF THE RECAPTURE
BASE AND THE PRODUCT OF (I) THE INCREMENTAL BENEFIT AND (II) THE PHASE-
IN FRACTION. PROVIDED, HOWEVER, THAT IF THE NEW YORK TAXABLE INCOME OF
THE TAXPAYER IS LESS THAN EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS,
THE SUPPLEMENTAL TAX SHALL EQUAL THE DIFFERENCE BETWEEN THE PRODUCT OF
6.00 PERCENT AND NEW YORK TAXABLE INCOME AND THE TAX TABLE COMPUTATION
ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION, MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS
THE LESSER OF FIFTY THOUSAND DOLLARS OR NEW YORK ADJUSTED GROSS INCOME
MINUS ONE HUNDRED SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS, AND THE
DENOMINATOR OF WHICH IS FIFTY THOUSAND DOLLARS.
(B) IF NEW YORK ADJUSTED GROSS INCOME IS GREATER THAN TWENTY-FIVE
MILLION DOLLARS, THE SUPPLEMENTAL TAX DUE SHALL EQUAL THE DIFFERENCE
BETWEEN THE PRODUCT OF 10.90 PERCENT AND NEW YORK TAXABLE INCOME AND THE
TAX TABLE COMPUTATION ON THE NEW YORK TAXABLE INCOME SET FORTH IN PARA-
GRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
§ 4. This act shall take effect immediately.
§ 2. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART B
Section 1. This act enacts into law components of legislation relating
to certain tax credits. Each component is wholly contained within a
Subpart identified as Subparts A through C. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.
S. 8009--C 16 A. 9009--C
SUBPART A
Section 1. Subdivision 1 of section 210-B of the tax law is amended by
adding a new paragraph (a-1) to read as follows:
(A-1) FOR A TAXPAYER THAT IS AN ELIGIBLE FARMER, AS DEFINED IN SUBDI-
VISION ELEVEN OF THIS SECTION, THE PERCENTAGE TO BE USED TO COMPUTE THE
CREDIT ALLOWED UNDER THIS SUBDIVISION SHALL BE TWENTY PERCENT FOR PROP-
ERTY DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION
THAT IS PRINCIPALLY USED BY THE TAXPAYER IN THE PRODUCTION OF GOODS BY
FARMING, AGRICULTURE, HORTICULTURE, FLORICULTURE OR VITICULTURE.
§ 2. Subsection (a) of section 606 of the tax law is amended by adding
a new paragraph 1-a to read as follows:
(1-A) FOR A TAXPAYER THAT IS AN ELIGIBLE FARMER, AS DEFINED IN
SUBSECTION (N) OF THIS SECTION, THE PERCENTAGE TO BE USED TO COMPUTE THE
CREDIT ALLOWED UNDER THIS SUBSECTION SHALL BE TWENTY PERCENT FOR PROPER-
TY DESCRIBED IN SUBPARAGRAPH (A) OF PARAGRAPH TWO OF THIS SUBSECTION
THAT IS PRINCIPALLY USED BY THE TAXPAYER IN THE PRODUCTION OF GOODS BY
FARMING, AGRICULTURE, HORTICULTURE, FLORICULTURE OR VITICULTURE.
§ 3. This act shall take effect immediately and apply to property
placed in service on or after April 1, 2022.
SUBPART B
Section 1. Subsection (e) of section 42 of the tax law, as amended by
section 1 of part FF of chapter 59 of the laws of 2021, is amended to
read as follows:
(e) For taxable years beginning on or after January first, two thou-
sand seventeen and before January first, two thousand eighteen, the
amount of the credit allowed under this section shall be equal to the
product of the total number of eligible farm employees and two hundred
fifty dollars. For taxable years beginning on or after January first,
two thousand eighteen and before January first, two thousand nineteen,
the amount of the credit allowed under this section shall be equal to
the product of the total number of eligible farm employees and three
hundred dollars. For taxable years beginning on or after January first,
two thousand nineteen and before January first, two thousand twenty, the
amount of the credit allowed under this section shall be equal to the
product of the total number of eligible farm employees and five hundred
dollars. For taxable years beginning on or after January first, two
thousand twenty and before January first, two thousand twenty-one, the
amount of the credit allowed under this section shall be equal to the
product of the total number of eligible farm employees and four hundred
dollars. For taxable years beginning on or after January first, two
thousand twenty-one and before January first, two thousand [twenty-five]
TWENTY-TWO, the amount of the credit allowed under this section shall be
equal to the product of the total number of eligible farm employees and
six hundred dollars. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-TWO AND BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-SIX, THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SECTION SHALL BE
EQUAL TO THE PRODUCT OF THE TOTAL NUMBER OF ELIGIBLE FARM EMPLOYEES AND
TWELVE HUNDRED DOLLARS.
§ 2. Section 5 of part RR of chapter 60 of the laws of 2016 amending
the tax law relating to creating a farm workforce retention credit, as
amended by section 2 of part FF of chapter 59 of the laws of 2021, is
amended to read as follows:
S. 8009--C 17 A. 9009--C
§ 5. This act shall take effect immediately and shall apply only to
taxable years beginning on or after January 1, 2017 and before January
1, [2025] 2026.
§ 3. This act shall take effect immediately.
SUBPART C
Section 1. Subdivision (f) of section 42 of the tax law, as added by
section 1 of part RR of chapter 60 of the laws of 2016, is amended to
read as follows:
(f) A taxpayer claiming the credit allowed under this section shall
not be allowed to claim any other tax credit allowed under this chapter,
EXCEPT THE CREDIT ALLOWED UNDER SECTION FORTY-TWO-A OF THIS ARTICLE,
with respect to any eligible farm employee included in the total number
of eligible farm employees used to determine the amount of the credit
allowed under this section.
§ 2. The tax law is amended by adding a new section 42-a to read as
follows:
§ 42-A. FARM EMPLOYER OVERTIME CREDIT. (A) NOTWITHSTANDING SUBDIVISION
(F) OF SECTION FORTY-TWO OF THIS ARTICLE, A TAXPAYER THAT IS A FARM
EMPLOYER OR AN OWNER OF A FARM EMPLOYER SHALL BE ELIGIBLE FOR A CREDIT
AGAINST THE TAX IMPOSED UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
TER, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (I) OF THIS
SECTION.
(B) A FARM EMPLOYER IS A CORPORATION (INCLUDING A NEW YORK S CORPO-
RATION), A SOLE PROPRIETORSHIP, A LIMITED LIABILITY COMPANY OR A PART-
NERSHIP THAT IS AN ELIGIBLE FARMER.
(C) FOR PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE FARMER" MEANS A
TAXPAYER WHOSE FEDERAL GROSS INCOME FROM FARMING AS DEFINED IN
SUBSECTION (N) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER FOR THE TAXA-
BLE YEAR IS AT LEAST TWO-THIRDS OF EXCESS FEDERAL GROSS INCOME. EXCESS
FEDERAL GROSS INCOME MEANS THE AMOUNT OF FEDERAL GROSS INCOME FROM ALL
SOURCES FOR THE TAXABLE YEAR IN EXCESS OF THIRTY THOUSAND DOLLARS. FOR
PURPOSES OF THIS SECTION, PAYMENTS FROM THE STATE'S FARMLAND PROTECTION
PROGRAM, ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS,
SHALL BE INCLUDED AS FEDERAL GROSS INCOME FROM FARMING FOR OTHERWISE
ELIGIBLE FARMERS.
(D) AN ELIGIBLE FARM EMPLOYEE IS AN INDIVIDUAL WHO MEETS THE DEFI-
NITION OF A "FARM LABORER" UNDER SECTION TWO OF THE LABOR LAW WHO IS
EMPLOYED BY A FARM EMPLOYER IN NEW YORK STATE, BUT EXCLUDING GENERAL
EXECUTIVE OFFICERS OF THE FARM EMPLOYER.
(E) ELIGIBLE OVERTIME IS THE AGGREGATE NUMBER OF HOURS OF WORK
PERFORMED DURING THE TAXABLE YEAR BY AN ELIGIBLE FARM EMPLOYEE THAT IN
ANY CALENDAR WEEK EXCEEDS THE OVERTIME WORK THRESHOLD SET BY THE COMMIS-
SIONER OF LABOR PURSUANT TO THE RECOMMENDATION OF THE FARM LABORERS WAGE
BOARD, PROVIDED THAT WORK PERFORMED IN SUCH CALENDAR WEEK IN EXCESS OF
SIXTY HOURS SHALL NOT BE INCLUDED.
(F) SPECIAL RULES. IF MORE THAN FIFTY PERCENT OF SUCH ELIGIBLE FARM-
ER'S FEDERAL GROSS INCOME FROM FARMING IS FROM THE SALE OF WINE FROM A
LICENSED FARM WINERY AS PROVIDED FOR IN ARTICLE SIX OF THE ALCOHOLIC
BEVERAGE CONTROL LAW, OR FROM THE SALE OF CIDER FROM A LICENSED FARM
CIDERY AS PROVIDED FOR IN SECTION FIFTY-EIGHT-C OF THE ALCOHOLIC BEVER-
AGE CONTROL LAW, THEN AN ELIGIBLE FARM EMPLOYEE OF SUCH ELIGIBLE FARMER
SHALL BE INCLUDED FOR PURPOSES OF CALCULATING THE AMOUNT OF CREDIT
ALLOWED UNDER THIS SECTION ONLY IF SUCH ELIGIBLE FARM EMPLOYEE IS
EMPLOYED BY SUCH ELIGIBLE FARMER ON QUALIFIED AGRICULTURAL PROPERTY AS
S. 8009--C 18 A. 9009--C
DEFINED IN PARAGRAPH FOUR OF SUBSECTION (N) OF SECTION SIX HUNDRED SIX
OF THIS CHAPTER.
(G) THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SECTION SHALL BE EQUAL
TO THE AGGREGATE AMOUNT OF SUCH CREDIT ALLOWED PER ELIGIBLE FARM EMPLOY-
EE, AS FOLLOWS. THE AMOUNT OF THE CREDIT ALLOWED PER ELIGIBLE FARM
EMPLOYEE SHALL BE EQUAL TO ONE HUNDRED EIGHTEEN PERCENT OF THE PRODUCT
OF (1) THE ELIGIBLE OVERTIME WORKED DURING THE TAXABLE YEAR BY THE
ELIGIBLE FARM EMPLOYEE AND (2) THE OVERTIME RATE PAID BY THE FARM
EMPLOYER TO THE ELIGIBLE FARM EMPLOYEE LESS SUCH EMPLOYEE'S REGULAR RATE
OF PAY.
(H)(1) TAXPAYERS SHALL HAVE THE OPTION TO REQUEST AN ADVANCE PAYMENT
OF THE PORTION OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER THIS
SECTION FOR THE AMOUNT OF ELIGIBLE OVERTIME THAT THE FARM EMPLOYER PAID
FROM JANUARY FIRST THROUGH JULY THIRTY-FIRST. TO BE ELIGIBLE FOR THE
ADVANCE PAYMENT, THE FARM EMPLOYER MUST SUBMIT BY SEPTEMBER THIRTIETH A
PROPERLY COMPLETED APPLICATION TO THE DEPARTMENT OF AGRICULTURE AND
MARKETS, IN A FORM PRESCRIBED BY THE COMMISSIONER OF AGRICULTURE AND
MARKETS, THAT DEMONSTRATES HOW MUCH THE FARM EMPLOYER PAID IN ELIGIBLE
OVERTIME DURING THAT PERIOD. AFTER REVIEWING A FARM EMPLOYER'S COMPLETED
APPLICATION FOR THE ADVANCE PAYMENT OF A PORTION OF THE AMOUNT OF TAX
CREDIT ALLOWED UNDER THIS SECTION, THE DEPARTMENT OF AGRICULTURE AND
MARKETS MAY ISSUE TO THAT FARM EMPLOYER A CERTIFICATE OF TAX CREDIT THAT
SPECIFIES THE EXACT AMOUNT OF THE TAX CREDIT UNDER THIS ARTICLE THAT A
TAXPAYER MAY CLAIM AS AN ADVANCE PAYMENT PURSUANT TO THIS SUBDIVISION.
(2) A TAXPAYER MUST SUBMIT A REQUEST TO THE DEPARTMENT IN THE MANNER
PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIFICATE OF
TAX CREDIT BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO
PARAGRAPH ONE OF THIS SUBDIVISION (OR SUCH CERTIFICATE HAS BEEN ISSUED
TO A PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION
IN WHICH IT IS A PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY, THAT IS A
FARM EMPLOYER), BUT SUCH REQUEST MUST BE SUBMITTED NO LATER THAN NOVEM-
BER FIRST OF THE TAXABLE YEAR FOR WHICH THE CREDIT IS BEING CLAIMED. FOR
THOSE TAXPAYERS WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE
COMMISSIONER HAS DETERMINED TO BE ELIGIBLE FOR THIS CREDIT, THE COMMIS-
SIONER SHALL ADVANCE A PAYMENT OF THE PORTION OF THE AMOUNT OF TAX CRED-
IT ALLOWED TO THE TAXPAYER. THE TAXPAYER WILL CLAIM ON THE TAXPAYERS'
RETURN FOR THE TAXABLE YEAR THE PORTION OF THE AMOUNT OF TAX CREDIT
ALLOWED FOR ELIGIBLE OVERTIME PAID BY THE FARM EMPLOYER FROM AUGUST
FIRST THROUGH DECEMBER THIRTY-FIRST. THE TAXPAYER MUST PROPERLY RECON-
CILE THE ADVANCE PAYMENT OF TAX CREDIT ALLOWED UNDER THIS SUBDIVISION ON
THE TAXPAYER'S RETURN.
(3) IF A TAXPAYER THAT HAS RECEIVED AN ADVANCE PAYMENT IS NOT AN
ELIGIBLE FARMER FOR THE TAXABLE YEAR FOR WHICH IT RECEIVED AN ADVANCE
PAYMENT, THE TAXPAYER SHALL BE REQUIRED TO ADD BACK AS TAX THE AMOUNT OF
ADVANCE PAYMENT THE TAXPAYER RECEIVED DURING THE TAXABLE YEAR.
(4) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, EMPLOYEES OF THE
DEPARTMENT OF AGRICULTURE AND MARKETS AND THE DEPARTMENT SHALL BE
ALLOWED TO SHARE AND EXCHANGE:
(I) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
TO A TAXPAYER'S ELIGIBILITY FOR THE CREDIT ALLOWED BY THIS SECTION;
(II) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
PURSUANT TO THIS SECTION AND REGARDING TAXPAYERS THAT ARE APPLYING FOR
THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND
(III) INFORMATION COLLECTED BY THE DEPARTMENT OF AGRICULTURE AND
MARKETS AND EXCHANGED BETWEEN THE DEPARTMENT OF AGRICULTURE AND MARKETS
S. 8009--C 19 A. 9009--C
AND THE DEPARTMENT PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO
DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFORMATION LAW.
(I) CROSS REFERENCES: FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 58.
(2) ARTICLE 22: SECTION 606, SUBSECTION (NNN).
§ 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 58 to read as follows:
58. FARM EMPLOYER OVERTIME CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAY-
ER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION
FORTY-TWO-A OF THIS CHAPTER, AGAINST THE TAX 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 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 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. 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) FARM EMPLOYER OVERTIME AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION (NNN) SUBDIVISION FIFTY-EIGHT OF
SECTION TWO HUNDRED TEN-B
§ 5. Section 606 of the tax law is amended by adding a new subsection
(nnn) to read as follows:
(NNN) FARM EMPLOYER OVERTIME CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A
CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-TWO-A OF THIS CHAP-
TER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
(2) APPLICATION OF CREDIT. 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 CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISION OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
PAID THEREON.
§ 6. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2022.
§ 2. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART C
Section 1. Paragraph 39 of subsection (c) of section 612 of the tax
law, as added by section 1 of part Y of chapter 59 of the laws of 2013,
is amended to read as follows:
(39) (A) In the case of a taxpayer who is a small business OR A
TAXPAYER WHO IS A MEMBER, PARTNER, OR SHAREHOLDER OF A LIMITED LIABILITY
COMPANY, PARTNERSHIP, OR NEW YORK S CORPORATION, RESPECTIVELY, THAT IS A
SMALL BUSINESS, who OR WHICH has business income and/or farm income as
defined in the laws of the United States, an amount equal to [three]
S. 8009--C 20 A. 9009--C
FIFTEEN percent of the net items of income, gain, loss and deduction
attributable to such business or farm entering into federal adjusted
gross income, but not less than zero[, for taxable years beginning after
two thousand thirteen, an amount equal to three and three-quarters
percent of the net items of income, gain, loss and deduction attribut-
able to such business or farm entering into federal adjusted gross
income, but not less than zero, for taxable years beginning after two
thousand fourteen, and an amount equal to five percent of the net items
of income, gain, loss and deduction attributable to such business or
farm entering into federal adjusted gross income, but not less than
zero, for taxable years beginning after two thousand fifteen].
(B) (I) For the purposes of this paragraph, the term small business
shall mean: (I) a sole proprietor [or a farm business] who employs one
or more persons during the taxable year and who has net business income
or net farm income of GREATER THAN ZERO BUT less than two hundred fifty
thousand dollars;
(II) A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S CORPO-
RATION THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS
NET FARM INCOME ATTRIBUTABLE TO A FARM BUSINESS THAT IS GREATER THAN
ZERO BUT LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS; OR
(III) A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S CORPO-
RATION THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS
NEW YORK GROSS BUSINESS INCOME ATTRIBUTABLE TO A NON-FARM BUSINESS THAT
IS GREATER THAN ZERO BUT LESS THAN ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM NEW YORK GROSS BUSINESS
INCOME SHALL MEAN: (I) IN THE CASE OF A LIMITED LIABILITY COMPANY OR A
PARTNERSHIP, NEW YORK SOURCE GROSS INCOME AS DEFINED IN SUBPARAGRAPH (B)
OF PARAGRAPH THREE OF SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT
OF THIS ARTICLE; AND (II) IN THE CASE OF A NEW YORK S CORPORATION, NEW
YORK RECEIPTS INCLUDED IN THE NUMERATOR OF THE APPORTIONMENT FACTOR
DETERMINED UNDER SECTION TWO HUNDRED TEN-A OF THIS CHAPTER FOR THE TAXA-
BLE YEAR.
(C) TO QUALIFY FOR THIS MODIFICATION IN RELATION TO A NON-FARM SMALL
BUSINESS THAT IS A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S
CORPORATION, THE TAXPAYER'S INCOME ATTRIBUTABLE TO THE NET BUSINESS
INCOME FROM ITS OWNERSHIP INTERESTS IN NON-FARM LIMITED LIABILITY COMPA-
NIES, PARTNERSHIPS, OR NEW YORK S CORPORATIONS MUST BE LESS THAN TWO
HUNDRED FIFTY THOUSAND DOLLARS.
§ 2. Paragraph 35 of subdivision (c) of section 11-1712 of the admin-
istrative code of the city of New York, as added by section 2 of part Y
of chapter 59 of the laws of 2013, is amended to read as follows:
(35) (A) In the case of a taxpayer who is a small business OR A
TAXPAYER WHO IS A MEMBER, PARTNER, OR SHAREHOLDER OF A LIMITED LIABILITY
COMPANY, PARTNERSHIP, OR NEW YORK S CORPORATION, RESPECTIVELY, THAT IS A
SMALL BUSINESS, who OR WHICH has business income and/or farm income as
defined in the laws of the United States, an amount equal to [three]
FIFTEEN percent of the net items of income, gain, loss and deduction
attributable to such business or farm entering into federal adjusted
gross income, but not less than zero[, for taxable years beginning after
two thousand thirteen, an amount equal to three and three-quarters
percent of the net items of income, gain, loss and deduction attribut-
able to such business or farm entering into federal adjusted gross
income, but not less than zero, for taxable years beginning after two
thousand fourteen, and an amount equal to five percent of the net items
of income, gain, loss and deduction attributable to such business or
S. 8009--C 21 A. 9009--C
farm entering into federal adjusted gross income, but not less than
zero, for taxable years beginning after two thousand fifteen].
(B) (I) For the purposes of this paragraph, the term small business
shall mean: (I) a sole proprietor [or a farm business] who employs one
or more persons during the taxable year and who has net business income
or net farm income of GREATER THAN ZERO BUT less than two hundred fifty
thousand dollars;
(II) A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S CORPO-
RATION THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS
NET FARM INCOME THAT IS GREATER THAN ZERO BUT LESS THAN TWO HUNDRED
FIFTY THOUSAND DOLLARS; OR
(III) A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S CORPO-
RATION THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS
NEW YORK GROSS BUSINESS INCOME ATTRIBUTABLE TO A NON-FARM BUSINESS THAT
IS GREATER THAN ZERO BUT LESS THAN ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM NEW YORK GROSS BUSINESS
INCOME SHALL MEAN: (I) IN THE CASE OF A LIMITED LIABILITY COMPANY OR A
PARTNERSHIP, NEW YORK SOURCE GROSS INCOME AS DEFINED IN SUBPARAGRAPH (B)
OR PARAGRAPH THREE OF SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT
OF THE TAX LAW, AND, (II) IN THE CASE OF A NEW YORK S CORPORATION, NEW
YORK RECEIPTS INCLUDED IN THE NUMERATOR OF THE APPORTIONMENT FACTOR
DETERMINED UNDER SECTION TWO HUNDRED TEN-A OF THE TAX LAW FOR THE TAXA-
BLE YEAR.
(C) TO QUALIFY FOR THIS MODIFICATION IN RELATION TO A NON-FARM SMALL
BUSINESS THAT IS A LIMITED LIABILITY COMPANY, PARTNERSHIP, OR NEW YORK S
CORPORATION, THE TAXPAYER'S INCOME ATTRIBUTABLE TO THE NET BUSINESS
INCOME FROM ITS OWNERSHIP INTERESTS IN NON-FARM LIMITED LIABILITY COMPA-
NIES, PARTNERSHIPS, OR NEW YORK S CORPORATIONS MUST BE LESS THAN TWO
HUNDRED FIFTY THOUSAND DOLLARS.
§ 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2022.
PART D
Section 1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 46 to read as follows:
(46) THE AMOUNT OF ANY STUDENT LOAN FORGIVENESS AWARD MADE BY THE
STATE, INCLUDING ANY AWARDS MADE PURSUANT TO A PROGRAM ESTABLISHED UNDER
ARTICLE FOURTEEN OF THE EDUCATION LAW TO THE EXTENT INCLUDED IN FEDERAL
ADJUSTED GROSS INCOME.
§ 2. This act shall take effect immediately and shall apply to tax
years beginning on or after January 1, 2022.
PART E
Section 1. The economic development law is amended by adding a new
article 26 to read as follows:
ARTICLE 26
COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM
SECTION 480. SHORT TITLE.
481. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
482. DEFINITIONS.
483. ELIGIBILITY CRITERIA.
484. APPLICATION AND APPROVAL PROCESS.
485. COVID-19 CAPITAL COSTS TAX CREDIT.
S. 8009--C 22 A. 9009--C
486. POWERS AND DUTIES OF THE COMMISSIONER.
487. MAINTENANCE OF RECORDS.
488. REPORTING.
489. CAP ON TAX CREDIT.
§ 480. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM ACT".
§ 481. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC
POLICY, TO PROVIDE CRITICAL ASSISTANCE TO SMALL BUSINESSES TO COMPLY
WITH PUBLIC HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS, AND TO TAKE
INFECTIOUS DISEASE MITIGATION MEASURES RELATED TO THE COVID-19 PANDEMIC.
THE COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM IS CREATED TO PROVIDE
FINANCIAL ASSISTANCE TO ECONOMICALLY HARMED BUSINESSES TO OFFER RELIEF
AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICUL-
TIES.
§ 482. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE
BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS
ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
SECTION FOUR HUNDRED EIGHTY-FIVE OF THIS ARTICLE.
2. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM-
IC DEVELOPMENT.
3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
4. "QUALIFIED COVID-19 CAPITAL COSTS" SHALL MEAN COSTS INCURRED FROM
JANUARY FIRST, TWO THOUSAND TWENTY-ONE THROUGH DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-TWO AT A BUSINESS LOCATION IN NEW YORK STATE TO
COMPLY WITH PUBLIC HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS
RELATED TO THE COVID-19 PANDEMIC, OR TO GENERALLY INCREASE SAFETY
THROUGH INFECTIOUS DISEASE MITIGATION, INCLUDING COSTS FOR: (I) SUPPLIES
TO DISINFECT AND/OR PROTECT AGAINST COVID-19 TRANSMISSION; (II) RESTOCK-
ING OF PERISHABLE GOODS TO REPLACE THOSE LOST DURING THE COVID-19
PANDEMIC; (III) PHYSICAL BARRIERS AND SNEEZE GUARDS; (IV) HAND SANITIZER
STATIONS; (V) RESPIRATORY DEVICES SUCH AS AIR PURIFIER SYSTEMS INSTALLED
AT THE BUSINESS ENTITY'S LOCATION; (VI) SIGNAGE RELATED TO THE COVID-19
PANDEMIC INCLUDING, BUT NOT LIMITED TO, SIGNAGE DETAILING VACCINE AND
MASKING REQUIREMENTS, AND SOCIAL DISTANCING; (VII) MATERIALS REQUIRED TO
DEFINE AND/OR PROTECT SPACE SUCH AS BARRIERS; (VIII) MATERIALS NEEDED TO
BLOCK OFF CERTAIN SEATS TO ALLOW FOR SOCIAL DISTANCING; (IX) CERTAIN
POINT OF SALE PAYMENT EQUIPMENT TO ALLOW FOR CONTACTLESS PAYMENT; (X)
EQUIPMENT AND/OR MATERIALS AND SUPPLIES FOR NEW PRODUCT LINES IN
RESPONSE TO THE COVID-19 PANDEMIC; (XI) SOFTWARE FOR ONLINE PAYMENT
PLATFORMS TO ENABLE DELIVERY OR CONTACTLESS PURCHASES; (XII) BUILDING
CONSTRUCTION AND RETROFITS TO ACCOMMODATE SOCIAL DISTANCING AND INSTAL-
LATION OF AIR PURIFYING EQUIPMENT BUT NOT FOR COSTS FOR NON-COVID-19
PANDEMIC RELATED CAPITAL RENOVATIONS OR GENERAL "CLOSED FOR RENOVATIONS"
UPGRADES; (XIII) MACHINERY AND EQUIPMENT TO ACCOMMODATE CONTACTLESS
SALES; (XIV) MATERIALS TO ACCOMMODATE INCREASED OUTDOOR ACTIVITY SUCH AS
HEAT LAMPS, OUTDOOR LIGHTING, AND MATERIALS RELATED TO OUTDOOR SPACE
EXPANSIONS; AND (XV) OTHER COSTS AS DETERMINED BY THE DEPARTMENT TO BE
ELIGIBLE UNDER THIS SECTION; PROVIDED, HOWEVER, THAT "QUALIFIED COVID-19
CAPITAL COSTS" DO NOT INCLUDE ANY COSTS PAID FOR WITH OTHER COVID-19
GRANT FUNDS AS DETERMINED BY THE COMMISSIONER.
§ 483. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
THE COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST:
S. 8009--C 23 A. 9009--C
(A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
OF THIS CHAPTER AND HAVE TWO MILLION FIVE HUNDRED THOUSAND DOLLARS OR
LESS OF GROSS RECEIPTS IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-ONE;
(B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE; AND
(C) HAVE AT LEAST TWO THOUSAND DOLLARS IN QUALIFYING COVID-19 CAPITAL
COSTS.
2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC
HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S
BUSINESS SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE
COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE
TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING
PAYMENTS AND COMPLYING WITH AN APPROVED BINDING PAYMENT AGREEMENT
ENTERED INTO WITH THE TAXING AUTHORITY.
§ 484. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR
BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
EACH BUSINESS ENTITY MUST:
(A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER OF THEIR BUSINESS ELIGIBILITY;
(B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY
INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE
FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
(C) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
(D) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL
COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS
CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS;
(E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT DID NOT INCLUDE ANY
COST PAID FOR WITH OTHER COVID-19 GRANT FUNDS AS DETERMINED BY THE
COMMISSIONER IN ITS APPLICATION FOR A TAX CREDIT UNDER THE COVID-19
CAPITAL COSTS TAX CREDIT PROGRAM; AND
(F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE
DEPARTMENT RELEVANT TO THIS ARTICLE.
3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS
ENTITY A CERTIFICATE OF TAX CREDIT.
4. THE BUSINESS ENTITY MUST SUBMIT ITS APPLICATION BY MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-THREE.
§ 485. COVID-19 CAPITAL COSTS TAX CREDIT. 1. A BUSINESS ENTITY IN THE
COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM THAT MEETS THE ELIGIBILITY
REQUIREMENTS OF SECTION FOUR HUNDRED EIGHTY-THREE OF THIS ARTICLE MAY BE
ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIFTY PERCENT OF ITS QUALIFIED
COVID-19 CAPITAL COSTS AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR
HUNDRED EIGHTY-TWO OF THIS ARTICLE. PROVIDED, HOWEVER, THAT SUCH CREDIT
SHALL NOT BE LESS THAN ONE THOUSAND DOLLARS.
2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY
COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF TWEN-
TY-FIVE THOUSAND DOLLARS UNDER THIS PROGRAM.
3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-SEVEN,
SUBDIVISION FIFTY-EIGHT OF SECTION TWO HUNDRED TEN-B AND SUBSECTION
(NNN) OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
S. 8009--C 24 A. 9009--C
4. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT
INCLUDES THE DATE THE CERTIFICATE OF TAX CREDIT WAS ISSUED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED EIGHT-
Y-FOUR OF THIS ARTICLE.
§ 486. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY
PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN
SECTION FOUR HUNDRED EIGHTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE
SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
AND FINANCE.
3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY
APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
SET FORTH IN SECTION FOUR HUNDRED EIGHTY-THREE OF THIS ARTICLE, OR FOR
FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED EIGHTY-FOUR OF THIS ARTICLE.
§ 487. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN
THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF
PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
§ 488. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM
SHALL SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED
IN REGULATIONS BY THE COMMISSIONER. THE COMMISSIONER SHALL ON OR BEFORE
APRIL FIRST, TWO THOUSAND TWENTY-THREE AND EVERY QUARTER THEREAFTER
UNTIL PROGRAM FUNDS ARE FULLY EXPENDED, SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, SETTING FORTH THE ACTIVITIES UNDERTAKEN BY THE
PROGRAM. SUCH REPORT SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO,
THE FOLLOWING IN EACH REPORTING PERIOD TO THE EXTENT SUCH INFORMATION
IS AVAILABLE: TOTAL NUMBER OF PARTICIPANTS APPROVED AND THE ECONOMIC
DEVELOPMENT REGION IN WHICH THE BUSINESS IS LOCATED; TOTAL AMOUNT OF
PAYMENTS DISBURSED AND TAX CREDITS CLAIMED, AND AVERAGE AMOUNT OF
PAYMENTS DISBURSED AND TAX CREDITS CLAIMED; NAMES OF PAYMENT RECIPIENTS
AND TAX CREDITS CLAIMED; AND SUCH OTHER INFORMATION AS THE COMMIS-
SIONER DETERMINES NECESSARY AND APPROPRIATE TO EFFECTUATE THE PURPOSE OF
THE PROGRAM. SUCH REPORTS SHALL, AT THE SAME TIME, BE INCLUDED ON
THE DEPARTMENT'S WEBSITE AND ANY OTHER PUBLICLY ACCESSIBLE DATABASE THAT
LISTS ECONOMIC DEVELOPMENT PROGRAMS AS DETERMINED BY THE DEPARTMENT.
§ 489. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS
ARTICLE MAY NOT EXCEED TWO HUNDRED FIFTY MILLION DOLLARS.
§ 2. The tax law is amended by adding a new section 47 to read as
follows:
§ 47. COVID-19 CAPITAL COSTS TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
TER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE
PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF
THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
HUNDRED EIGHTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
S. 8009--C 25 A. 9009--C
LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
UNDER THIS CHAPTER.
(B) ELIGIBILITY. TO BE ELIGIBLE FOR THE COVID-19 CAPITAL COSTS TAX
CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT
BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION THREE
OF SECTION FOUR HUNDRED EIGHTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,
WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE
CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS
RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR
SUBCHAPTER S CORPORATION.
(C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH
TO ITS TAX RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF
RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF
THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
(D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE COVID-19 CAPITAL COSTS
TAX CREDIT PROGRAM;
(2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT
OR THAT ARE CLAIMING THE CREDIT; AND
(3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE
COVID-19 CAPITAL COSTS TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARA-
GRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE
SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
MATION LAW.
(E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-SIX OF THE
ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF
CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH
ANY SUCH REVOCATION BECOMES FINAL.
(F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 58;
(2) ARTICLE 22: SECTION 606, SUBSECTION (NNN).
§ 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 58 to read as follows:
58. COVID-19 CAPITAL COSTS TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION FORTY-SEVEN OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE 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 THE TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
S. 8009--C 26 A. 9009--C
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 WILL BE PAID THEREON.
§ 4. Section 606 of the tax law is amended by adding a new subsection
(nnn) to read as follows:
(NNN) COVID-19 CAPITAL COSTS TAX CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION FORTY-SEVEN OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
PAID THEREON.
§ 5. 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) COVID-19 CAPITAL COSTS AMOUNT OF CREDIT UNDER
TAX CREDIT UNDER SUBSECTION (NNN) SUBDIVISION 58 OF
SECTION TWO HUNDRED TEN-B
§ 6. This act shall take effect immediately.
PART F
Section 1. Paragraph 2 of subdivision (a) of section 24-c of the tax
law, as added by section 1 of subpart B of part PP of chapter 59 of the
laws of 2021, is amended to read as follows:
(2) The amount of the credit shall be the product (or pro rata share
of the product, in the case of a member of a partnership) of twenty-five
percent and the sum of the qualified production expenditures paid for
during the qualified New York city musical and theatrical production's
credit period. Provided however that the amount of the credit cannot
exceed three million dollars per qualified New York city musical and
theatrical production for productions whose first performance is [during
the first year in which applications are accepted] PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-THREE. For productions whose first perform-
ance is [during the second year in which applications are accepted] ON
OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, such cap shall
decrease to one million five hundred thousand dollars per qualified New
York city musical and theatrical production unless the New York city
tourism economy has not sufficiently recovered, as determined by the
department of economic development in consultation with the division of
the budget. In determining whether the New York city tourism economy has
sufficiently recovered, the department of economic development will
perform an analysis of key New York city economic indicators which shall
include, but not be limited to, hotel occupancy rates and travel
metrics. The department of economic development's analysis shall also be
informed by the status of any remaining COVID-19 restrictions affecting
New York city musical and theatrical productions. In no event shall a
qualified New York city musical and theatrical production be eligible
for more than one credit under this program.
S. 8009--C 27 A. 9009--C
§ 2. Subparagraph (i) of paragraph 5 of subdivision (b) of section
24-c of the tax law, as added by section 1 of subpart B of part PP of
chapter 59 of the laws of 2021, is amended to read as follows:
(i) "The credit period of a qualified New York city musical and theat-
rical production company" is the period starting on the production start
date and ending on the earlier of the date the qualified musical and
theatrical production has expended sufficient qualified production
expenditures to reach its credit cap, [March thirty-first] SEPTEMBER
THIRTIETH, two thousand twenty-three or the date the qualified musical
and theatrical production closes.
§ 3. Paragraph 1 of subdivision (f) of section 24-c of the tax law, as
added by section 1 of subpart B of part PP of chapter 59 of the laws of
2021, is amended to read as follows:
(1) The aggregate amount of tax credits allowed under this section,
subdivision fifty-seven of section two hundred ten-B and subsection
(mmm) of section six hundred six of this chapter shall be [one] TWO
hundred million dollars. Such aggregate amount of credits shall be allo-
cated by the department of economic development among taxpayers based on
the date of first performance of the qualified musical and theatrical
production.
§ 4. Paragraph 2 of subdivision (f) of section 24-c of the tax law, as
added by section 1 of subpart B of part PP of chapter 59 of the laws of
2021, is amended to read as follows:
(2) The commissioner of economic development, after consulting with
the commissioner, shall promulgate regulations to establish procedures
for the allocation of tax credits as required by this section. Such
rules and regulations shall include provisions describing the applica-
tion process, the due dates for such applications, the standards that
will be used to evaluate the applications, the documentation that will
be provided by applicants to substantiate to the department the amount
of qualified production expenditures of such applicants, and such other
provisions as deemed necessary and appropriate. Notwithstanding any
other provisions to the contrary in the state administrative procedure
act, such rules and regulations may be adopted on an emergency basis. In
no event shall a qualified New York city musical and theatrical
production submit an application for this program after [December thir-
ty-first, two thousand twenty-two] JUNE THIRTIETH, TWO THOUSAND TWENTY-
THREE.
§ 5. Subdivision (g) of section 24-c of the tax law, as added by
section 1 of subpart B of part PP of chapter 59 of the laws of 2021, is
amended to read as follows:
(g) Any qualified New York city musical and theatrical production
company that performs in a qualified New York city production facility
and applies to receive a credit under this section shall be required to:
(1) participate in a New York state diversity and arts job training
program; (2) create and implement a plan to ensure that their production
is available and accessible for low-or no-cost to low income New York-
ers; and (3) contribute to the New York state council on the arts,
cultural program fund an amount up to fifty percent of the total credits
received if its production earns ongoing revenue prospectively after the
end of the credit period that is at least equal to two hundred percent
of its ongoing production costs, with such amount payable from twenty-
five percent of net operating profits, such amounts payable on a monthly
basis, up until such fifty percent of the total credit amount is
reached. Any funds deposited pursuant to this subdivision may be used
for arts and cultural [educational and workforce development] GRANT
S. 8009--C 28 A. 9009--C
programs OF THE NEW YORK STATE COUNCIL ON THE ARTS AS SPECIFIED IN
SUBDIVISION FIVE OF SECTION NINETY-NINE-LL OF THE STATE FINANCE LAW.
§ 6. Subdivision 5 of section 99-ll of the state finance law, as added
by section 5 of subpart B of part PP of chapter 59 of the laws of 2021,
is amended to read as follows:
5. The moneys in such fund shall be expended for the purpose of
supplementing art and cultural GRANT programs [for secondary and elemen-
tary children] OF THE NEW YORK STATE COUNCIL ON THE ARTS, including
[programs that increase access to art and cultural programs and events
for children in underserved communities] BUT NOT LIMITED TO: ARTS EDUCA-
TION PROGRAMS, AND ART AND CULTURAL PROGRAMS FOR CHILDREN AND ADULTS,
INCLUDING PROGRAMS THAT INCREASE ACCESS TO ART AND CULTURAL PROGRAMS AND
EVENTS IN UNDERSERVED COMMUNITIES.
§ 7. Section 6 of subpart B of part PP of chapter 59 of the laws of
2021 amending the tax law and the state finance law relating to estab-
lishing the New York city musical and theatrical production tax credit
and establishing the New York state council on the arts cultural program
fund, is amended to read as follows:
§ 6. This act shall take effect immediately [and]; PROVIDED HOWEVER,
THAT SECTION ONE, TWO, THREE AND FOUR OF THIS ACT shall apply to taxable
years beginning on or after January 1, 2021, and before January 1, 2024
and shall expire and be deemed repealed [on] January 1, 2024; provided
FURTHER, however that the obligations under paragraph 3 of subdivision
[g] (G) of section 24-c of the tax law, as added by section one of this
act, shall remain in effect until December 31, 2025.
§ 8. This act shall take effect immediately; provided that the amend-
ments to section 24-c of the tax law made by sections one, two, three,
four and five of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART G
Intentionally Omitted
PART H
Section 1. Paragraphs (a), (b) and (d) of subdivision 29 of section
210-B of the tax law, paragraph (a) and subparagraph 2 of paragraph (b)
as amended by section 1 of part II of chapter 59 of the laws of 2021,
paragraph (b) as amended by section 1 of part Q of chapter 59 of the
laws of 2018, subparagraph 1 of paragraph (b) as amended by chapter 490
of the laws of 2019 and paragraph (d) as added by section 17 of part A
of chapter 59 of the laws of 2014, are amended to read as follows:
(a) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[twenty-three] TWENTY-SIX, a taxpayer shall be allowed a credit, to be
computed as provided in this subdivision, against the tax imposed by
this article, for hiring and employing, for not less than [one year and
for not less than thirty-five hours each week] TWELVE CONTINUOUS AND
UNINTERRUPTED MONTHS (HEREINAFTER REFERRED TO AS THE TWELVE-MONTH PERI-
OD) IN A FULL-TIME OR PART-TIME POSITION, a qualified veteran within the
state. The taxpayer may claim the credit in the year in which the qual-
ified veteran completes [one year] THE TWELVE-MONTH PERIOD of employment
by the taxpayer. If the taxpayer claims the credit allowed under this
subdivision, the taxpayer may not use the hiring of a qualified veteran
S. 8009--C 29 A. 9009--C
that is the basis for this credit in the basis of any other credit
allowed under this article.
(b) Qualified veteran. A qualified veteran is an individual:
(1) who served on active duty in the United States army, navy, air
force, SPACE FORCE, marine corps, coast guard or the reserves thereof,
or who served in active military service of the United States as a
member of the army national guard, air national guard, New York guard or
New York naval militia, OR WHO SERVED IN THE ACTIVE UNIFORMED SERVICES
OF THE UNITED STATES AS A MEMBER OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE COMMISSIONED
CORPS OF THE UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released
from active duty by general or honorable discharge [after September
eleventh, two thousand one], or (ii) has a qualifying condition, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service [after September eleventh, two thousand one], or (iii) is a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service [after September eleventh, two thou-
sand one];
(2) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [twenty-two] TWENTY-FIVE; and
(3) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
(d) Amount of credit. The amount of the credit shall be [ten] FIFTEEN
percent of the total amount of wages paid to the qualified veteran
during the veteran's first [full year] TWELVE-MONTH PERIOD of employ-
ment. Provided, however, that, if the qualified veteran is a disabled
veteran, as defined in paragraph (b) of subdivision one of section
eighty-five of the civil service law, the amount of the credit shall be
[fifteen] TWENTY percent of the total amount of wages paid to the quali-
fied veteran during the veteran's first [full year] TWELVE-MONTH PERIOD
of employment. The credit allowed pursuant to this subdivision shall not
exceed in any taxable year[, five]: (1) FIFTEEN thousand dollars for any
qualified veteran [and fifteen], OTHER THAN A DISABLED VETERAN, EMPLOYED
IN A FULL-TIME POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE
HOURS IN ONE TWELVE-MONTH PERIOD, (2) TWENTY thousand dollars for any
qualified veteran who is a disabled veteran EMPLOYED IN A FULL-TIME
POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE HOURS IN ONE
TWELVE-MONTH PERIOD, (3) SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR ANY
QUALIFIED VETERAN, OTHER THAN A DISABLED VETERAN, EMPLOYED IN A PART-
TIME POSITION FOR AT LEAST ONE THOUSAND FORTY HOURS BUT NOT MORE THAN
ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS IN ONE TWELVE-MONTH PERIOD,
AND (4) TEN THOUSAND DOLLARS FOR ANY QUALIFIED VETERAN WHO IS A DISABLED
VETERAN EMPLOYED IN A PART-TIME POSITION FOR AT LEAST ONE THOUSAND FORTY
HOURS BUT NOT MORE THAN ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS IN ONE
TWELVE-MONTH PERIOD.
§ 2. Paragraphs 1, 2 and 4 of subsection (a-2) of section 606 of the
tax law, paragraph 1 and subparagraph (B) of paragraph 2 as amended by
section 2 of part II of chapter 59 of the laws of 2021, paragraph 2 as
amended by section 2 of part Q of chapter 59 of the laws of 2018,
subparagraph (A) of paragraph 2 as amended by chapter 490 of the laws of
S. 8009--C 30 A. 9009--C
2019 and paragraph 4 as added by section 3 of part AA of chapter 59 of
the laws of 2013, are amended to read as follows:
(1) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[twenty-three] TWENTY-SIX, a taxpayer shall be allowed a credit, to be
computed as provided in this subsection, against the tax imposed by this
article, for hiring and employing, for not less than [one year and for
not less than thirty-five hours each week] TWELVE CONTINUOUS AND UNIN-
TERRUPTED MONTHS (HEREINAFTER REFERRED TO AS THE TWELVE-MONTH PERIOD) IN
A FULL-TIME OR PART-TIME POSITION, a qualified veteran within the state.
The taxpayer may claim the credit in the year in which the qualified
veteran completes [one year] THE TWELVE-MONTH PERIOD of employment by
the taxpayer. If the taxpayer claims the credit allowed under this
subsection, the taxpayer may not use the hiring of a qualified veteran
that is the basis for this credit in the basis of any other credit
allowed under this article.
(2) Qualified veteran. A qualified veteran is an individual:
(A) who served on active duty in the United States army, navy, air
force, SPACE FORCE, marine corps, coast guard or the reserves thereof,
or who served in active military service of the United States as a
member of the army national guard, air national guard, New York guard or
New York naval militia, OR WHO SERVED IN THE ACTIVE UNIFORMED SERVICES
OF THE UNITED STATES AS A MEMBER OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE COMMISSIONED
CORPS OF THE UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released
from active duty by general or honorable discharge [after September
eleventh, two thousand one], or (ii) has a qualifying condition, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service [after September eleventh, two thousand one], or (iii) is a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service [after September eleventh, two thou-
sand one];
(B) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [twenty-two] TWENTY-FIVE; and
(C) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
(4) Amount of credit. The amount of the credit shall be [ten] FIFTEEN
percent of the total amount of wages paid to [he] THE qualified veteran
during the veteran's first [full year] TWELVE-MONTH PERIOD of employ-
ment. Provided, however, that, if the qualified veteran is a disabled
veteran, as defined in paragraph (b) of subdivision one of section
eighty-five of the civil service law, the amount of the credit shall be
[fifteen] TWENTY percent of the total amount of wages paid to the quali-
fied veteran during the veteran's first [full year] TWELVE-MONTH PERIOD
of employment. The credit allowed pursuant to this subsection shall not
exceed in any taxable year[, five]: (I) FIFTEEN thousand dollars for any
qualified veteran [and fifteen], OTHER THAN A DISABLED VETERAN, EMPLOYED
IN A FULL-TIME POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE
HOURS IN ONE TWELVE-MONTH PERIOD, (II) TWENTY thousand dollars for any
qualified veteran who is a disabled veteran EMPLOYED IN A FULL-TIME
POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE HOURS IN ONE
S. 8009--C 31 A. 9009--C
TWELVE-MONTH PERIOD, (III) SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR ANY
QUALIFIED VETERAN, OTHER THAN A DISABLED VETERAN, EMPLOYED IN A PART-
TIME POSITION FOR AT LEAST ONE THOUSAND FORTY HOURS BUT NOT MORE THAN
ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS IN ONE TWELVE-MONTH PERIOD,
AND (IV) TEN THOUSAND DOLLARS FOR ANY QUALIFIED VETERAN WHO IS A DISA-
BLED VETERAN EMPLOYED IN A PART-TIME POSITION FOR AT LEAST ONE THOUSAND
FORTY HOURS BUT NOT MORE THAN ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS
IN ONE TWELVE-MONTH PERIOD.
§ 3. Paragraphs 1, 2 and 4 of subdivision (g-1) of section 1511 of the
tax law, paragraph 1 and subparagraph (B) of paragraph 2 as amended by
section 3 of part II of chapter 59 of the laws of 2021, paragraph 2 as
amended by section 3 of part Q of chapter 59 of the laws of 2018,
subparagraph (A) of paragraph 2 as amended by chapter 490 of the laws of
2019 and paragraph 4 as added by section 5 of part AA of chapter 59 of
the laws of 2013, are amended to read as follows:
(1) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[twenty-three] TWENTY-SIX, a taxpayer shall be allowed a credit, to be
computed as provided in this subdivision, against the tax imposed by
this article, for hiring and employing, for not less than [one year and
for not less than thirty-five hours each week] TWELVE CONTINUOUS AND
UNINTERRUPTED MONTHS (HEREINAFTER REFERRED TO AS THE TWELVE-MONTH PERI-
OD) IN A FULL-TIME OR PART-TIME POSITION, a qualified veteran within the
state. The taxpayer may claim the credit in the year in which the qual-
ified veteran completes [one year] THE TWELVE-MONTH PERIOD of employment
by the taxpayer. If the taxpayer claims the credit allowed under this
subdivision, the taxpayer may not use the hiring of a qualified veteran
that is the basis for this credit in the basis of any other credit
allowed under this article.
(2) Qualified veteran. A qualified veteran is an individual:
(A) who served on active duty in the United States army, navy, air
force, SPACE FORCE, marine corps, coast guard or the reserves thereof,
or who served in active military service of the United States as a
member of the army national guard, air national guard, New York guard or
New York naval militia, OR WHO SERVED IN THE ACTIVE UNIFORMED SERVICES
OF THE UNITED STATES AS A MEMBER OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE COMMISSIONED
CORPS OF THE UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released
from active duty by general or honorable discharge [after September
eleventh, two thousand one], or (ii) has a qualifying condition, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service [after September eleventh, two thousand one], or (iii) is a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service [after September eleventh, two thou-
sand one];
(B) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [twenty-two] TWENTY-FIVE; and
(C) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
(4) Amount of credit. The amount of the credit shall be [ten] FIFTEEN
percent of the total amount of wages paid to the qualified veteran
S. 8009--C 32 A. 9009--C
during the veteran's first [full year] TWELVE-MONTH PERIOD of employ-
ment. Provided, however, that, if the qualified veteran is a disabled
veteran, as defined in paragraph (b) of subdivision one of section
eighty-five of the civil service law, the amount of the credit shall be
[fifteen] TWENTY percent of the total amount of wages paid to the quali-
fied veteran during the veteran's first [full year] TWELVE-MONTH PERIOD
of employment. The credit allowed pursuant to this subdivision shall not
exceed in any taxable year[, five]: (I) FIFTEEN thousand dollars for any
qualified veteran [and fifteen], OTHER THAN A DISABLED VETERAN, EMPLOYED
IN A FULL-TIME POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE
HOURS IN ONE TWELVE-MONTH PERIOD, (II) TWENTY thousand dollars for any
qualified veteran who is a disabled veteran EMPLOYED IN A FULL-TIME
POSITION FOR ONE THOUSAND EIGHT HUNDRED TWENTY OR MORE HOURS IN ONE
TWELVE-MONTH PERIOD, (III) SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR ANY
QUALIFIED VETERAN, OTHER THAN A DISABLED VETERAN, EMPLOYED IN A PART-
TIME POSITION FOR AT LEAST ONE THOUSAND FORTY HOURS BUT NOT MORE THAN
ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS IN ONE TWELVE-MONTH PERIOD,
AND (IV) TEN THOUSAND DOLLARS FOR ANY QUALIFIED VETERAN WHO IS A DISA-
BLED VETERAN EMPLOYED IN A PART-TIME POSITION FOR AT LEAST ONE THOUSAND
FORTY HOURS BUT NOT MORE THAN ONE THOUSAND EIGHT HUNDRED NINETEEN HOURS
IN ONE TWELVE-MONTH PERIOD.
§ 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2022.
PART I
Section 1. The tax law is amended by adding a new section 47 to read
as follows:
§ 47. GRADE NO. 6 HEATING OIL CONVERSION TAX CREDIT. (A) (1) ALLOWANCE
OF CREDIT. A TAXPAYER THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SUBDI-
VISION (B) OF THIS SECTION AND IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR
TWENTY-TWO OF THIS CHAPTER MAY BE ELIGIBLE TO CLAIM A GRADE NO. 6 HEAT-
ING OIL CONVERSION TAX CREDIT IN THE TAXABLE YEAR THE CONVERSION IS
COMPLETE. THE CREDIT SHALL BE EQUAL TO FIFTY PERCENT OF THE CONVERSION
COSTS FOR ALL OF THE TAXPAYER'S BUILDINGS LOCATED AT A FACILITY REGU-
LATED PURSUANT TO SECTION 19-0302 OR TITLE TEN OF ARTICLE SEVENTEEN OF
THE ENVIRONMENTAL CONSERVATION LAW, PAID BY SUCH TAXPAYER ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND BEFORE JULY FIRST, TWO THOU-
SAND TWENTY-THREE. THE CREDIT CANNOT EXCEED FIVE HUNDRED THOUSAND
DOLLARS PER FACILITY.
(2) A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION SHALL BE
ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP,
LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION THAT MEETS THE
ELIGIBILITY CRITERIA DESCRIBED IN SUBDIVISION (B) OF THIS SECTION TO
CLAIM A GRADE NO. 6 HEATING OIL CONVERSION TAX CREDIT. IN NO EVENT MAY
THE TOTAL AMOUNT OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED
LIABILITY COMPANY OR SUBCHAPTER S CORPORATION EXCEED FIVE HUNDRED THOU-
SAND DOLLARS FOR ALL BUILDINGS LOCATED AT A NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION REGULATED FACILITY.
(3) NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER THAT IS
INCLUDED AS PART OF THE CALCULATION OF THIS CREDIT SHALL BE THE BASIS OF
ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER.
(B) ELIGIBILITY CRITERIA. (1) TO BE ELIGIBLE TO CLAIM A GRADE NO. 6
HEATING OIL CONVERSION TAX CREDIT, A BUSINESS ENTITY MUST:
S. 8009--C 33 A. 9009--C
(I) INCUR EXPENSES FOR THE CONVERSION FROM GRADE NO. 6 HEATING OIL
FUEL, AS DESCRIBED AS "CONVERSION COSTS" IN PARAGRAPH (1) OF SUBDIVISION
(C) OF THIS SECTION, TO BIODIESEL HEATING OIL OR A GEOTHERMAL SYSTEM AT
ANY BUILDING LOCATED IN NEW YORK STATE OUTSIDE THE CITY OF NEW YORK;
(II) SUBMIT AN APPLICATION TO AND OBTAIN APPROVAL OF SUCH APPLICATION
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY DESCRIB-
ING THE CONVERSION AND APPROVED COSTS TO COMPLETE SUCH CONVERSION;
(III) NOT BE PRINCIPALLY ENGAGED IN THE GENERATION OR DISTRIBUTION OF
ELECTRICITY, POWER OR ENERGY;
(IV) BE IN COMPLIANCE WITH ALL ENVIRONMENTAL CONSERVATION LAWS AND
REGULATIONS; AND
(V) NOT OWE PAST DUE STATE TAXES UNLESS THE BUSINESS ENTITY IS MAKING
PAYMENTS AND COMPLYING WITH AN APPROVED BINDING PAYMENT AGREEMENT
ENTERED INTO WITH THE TAXING AUTHORITY.
(C) DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(1) CONVERSION COSTS MEANS THE EQUIPMENT AND LABOR COSTS ASSOCIATED
WITH THE DESIGN, INSTALLATION AND USE OF SPACE HEATING AND OTHER ENERGY
CONVERSION SYSTEMS THAT ARE DESIGNED TO OR ACCOMMODATE THE USE OF BIOD-
IESEL FUEL OR A GEOTHERMAL SYSTEM AND, AT THE OPTION OF THE TAXPAYER,
THE COSTS OF COMPLETING AN ASHRAE LEVEL 2 ENERGY AUDIT INCLUDING ASSESS-
MENT OF ELECTRIFICATION OPTIONS.
(2) BIODIESEL MEANS A MINIMUM BLEND OF EIGHTY-FIVE (85) PERCENT BIOD-
IESEL, DEFINED AS FUEL MANUFACTURED FROM VEGETABLE OILS, ANIMAL FATS, OR
OTHER AGRICULTURAL OR OTHER PRODUCTS OR BY-PRODUCTS, WITH PETRODIESEL
FUEL COMMONLY USED FOR HEATING SYSTEMS.
(3) GEOTHERMAL MEANS A SYSTEM THAT USES THE GROUND OR GROUND WATER AS
A THERMAL ENERGY SOURCE/SINK TO HEAT OR COOL A BUILDING OR PROVIDE HOT
WATER WITHIN THE BUILDING.
(4) A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGU-
LATED FACILITY IS A FACILITY REGULATED PURSUANT TO SECTION 19-0302 OR
TITLE TEN OF ARTICLE SEVENTEEN OF THE ENVIRONMENTAL CONSERVATION LAW.
(D) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, WILL DEVELOP AN APPLICATION PROCESS
TO CERTIFY THE EXPENSES NECESSARY FOR THE CONVERSION AND A TAXPAYER WILL
NOT BE ELIGIBLE TO CLAIM THE CREDIT UNLESS IT HAS COMPLETED THAT APPLI-
CATION PROCESS AND THE APPLICATION HAS BEEN APPROVED BY THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
(E) INFORMATION SHARING. THE DEPARTMENT, THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE
INFORMATION REGARDING THE INFORMATION CONTAINED ON THE CREDIT APPLICA-
TION FOR CLAIMING THE GRADE NO. 6 HEATING OIL CONVERSION TAX CREDIT AND
SUCH INFORMATION EXCHANGED BETWEEN THE DEPARTMENT, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION
UNDER THE STATE'S FREEDOM OF INFORMATION LAW.
(F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 58;
(2) ARTICLE 22: SECTION 606, SUBSECTION (NNN).
§ 2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 58 to read as follows:
58. GRADE NO. 6 HEATING OIL CONVERSION TAX CREDIT. (A) ALLOWANCE OF
CREDIT. A TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED
S. 8009--C 34 A. 9009--C
IN SECTION FORTY-SEVEN OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY
THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR THE TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE 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 THE 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 NOT DEDUCTIBLE IN SUCH TAXA-
BLE YEAR WILL 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 WILL BE PAID THEREON.
§ 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) GRADE NO. 6 HEATING OIL AMOUNT OF CREDIT UNDER SUBDIVISION
CONVERSION TAX CREDIT UNDER FIFTY-EIGHT OF SECTION TWO HUNDRED
SUBSECTION (NNN) TEN-B
§ 4. Section 606 of the tax law is amended by adding a new subsection
(nnn) to read as follows:
(NNN) GRADE NO. 6 HEATING OIL CONVERSION TAX CREDIT. (1) ALLOWANCE OF
CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED
IN SECTION FORTY-SEVEN OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS WILL 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 WILL BE
PAID THEREON.
§ 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2022.
PART J
Section 1. Subdivision 4 of section 22 of the public housing law, as
amended by section 2 of part GG of chapter 59 of the laws of 2021, is
amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be one hundred [twenty] TWENTY-SEVEN million dollars.
The limitation provided by this subdivision applies only to allocation
of the aggregate dollar amount of credit by the commissioner, and does
not apply to allowance to a taxpayer of the credit with respect to an
eligible low-income building for each year of the credit period.
§ 2. Subdivision 4 of section 22 of the public housing law, as
amended by section 3 of part GG of chapter 59 of the laws of 2021, is
amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be one hundred [twenty-eight] FORTY-TWO million
dollars. The limitation provided by this subdivision applies only to
allocation of the aggregate dollar amount of credit by the commissioner,
S. 8009--C 35 A. 9009--C
and does not apply to allowance to a taxpayer of the credit with respect
to an eligible low-income building for each year of the credit period.
§ 3. Subdivision 4 of section 22 of the public housing law, as amended
by section 4 of part GG of chapter 59 of the laws of 2021, is amended to
read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be one hundred [thirty-six] FIFTY-SEVEN million
dollars. The limitation provided by this subdivision applies only to
allocation of the aggregate dollar amount of credit by the commissioner,
and does not apply to allowance to a taxpayer of the credit with respect
to an eligible low-income building for each year of the credit period.
§ 4. Subdivision 4 of section 22 of the public housing law, as amended
by section 5 of part GG of chapter 59 of the laws of 2021, is amended to
read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be one hundred [forty-four] SEVENTY-TWO million
dollars. The limitation provided by this subdivision applies only to
allocation of the aggregate dollar amount of credit by the commissioner,
and does not apply to allowance to a taxpayer of the credit with respect
to an eligible low-income building for each year of the credit period.
§ 5. This act shall take effect immediately; provided, however,
section one of this act shall take effect April 1, 2022; section two of
this act shall take effect April 1, 2023; section three of this act
shall take effect April 1, 2024; and section four of this act shall take
effect April 1, 2025.
PART K
Section 1. Paragraph (a) of subdivision 25 of section 210-B of the tax
law, as amended by section 1 of part R of chapter 59 of the laws of
2019, is amended to read as follows:
(a) General. A taxpayer shall be allowed a credit against the tax
imposed by this article. Such credit, to be computed as hereinafter
provided, shall be allowed for bioheating fuel, used for space heating
or hot water production for residential purposes within this state
purchased before January first, two thousand [twenty-three] TWENTY-SIX.
Such credit shall be $0.01 per percent of biodiesel per gallon of
bioheating fuel, not to exceed twenty cents per gallon, purchased by
such taxpayer. Provided, however, that on or after January first, two
thousand seventeen, this credit shall not apply to bioheating fuel that
is less than six percent biodiesel per gallon of bioheating fuel.
§ 2. Paragraph 1 of subdivision (mm) of section 606 of the tax law, as
amended by section 2 of part R of chapter 59 of the laws of 2019, is
amended to read as follows:
(1) A taxpayer shall be allowed a credit against the tax imposed by
this article. Such credit, to be computed as hereinafter provided, shall
be allowed for bioheating fuel, used for space heating or hot water
production for residential purposes within this state and purchased on
or after July first, two thousand six and before July first, two thou-
sand seven and on or after January first, two thousand eight and before
January first, two thousand [twenty-three] TWENTY-SIX. Such credit shall
be $0.01 per percent of biodiesel per gallon of bioheating fuel, not to
exceed twenty cents per gallon, purchased by such taxpayer. Provided,
however, that on or after January first, two thousand seventeen, this
S. 8009--C 36 A. 9009--C
credit shall not apply to bioheating fuel that is less than six percent
biodiesel per gallon of bioheating fuel.
§ 3. This act shall take effect immediately.
PART L
Section 1. Section 5 of chapter 604 of the laws of 2011 amending the
tax law relating to the credit for companies who provide transportation
to people with disabilities, as amended by section 1 of part K of chap-
ter 60 of the laws of 2016, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in effect
until December 31, 2016 when upon such date it shall be deemed repealed;
provided that this act shall be deemed to have been in full force and
effect on December 31, 2010; provided further that this act shall apply
to all tax years commencing on or after January 1, 2011; and provided
further that sections one and two of this act shall remain in effect
until December 31, [2022] 2028 when upon such date such sections shall
be deemed repealed.
§ 2. Paragraphs (a) and (b) of subdivision 38 of section 210-B of the
tax law, as added by section 17 of part A of chapter 59 of the laws of
2014, are amended to read as follows:
(a) Allowance and amount of credit. A taxpayer, who provides a taxicab
service as defined in section one hundred forty-eight-a of the vehicle
and traffic law, or a livery service as defined in section one hundred
twenty-one-e of the vehicle and traffic law, shall be allowed a credit,
to be computed as provided in this subdivision, against the tax imposed
by this article. The amount of the credit shall be equal to the incre-
mental cost associated with upgrading a vehicle so that it is accessible
by individuals with disabilities as defined in paragraph (b) of this
subdivision. Provided, however, that such credit shall not exceed
FIFTEEN THOUSAND DOLLARS PER ELECTRIC VEHICLE AND ten thousand dollars
per ANY OTHER vehicle. For purposes of this subdivision, purchases of
new vehicles that are initially manufactured to be accessible for indi-
viduals with disabilities and for which there is no comparable make and
model that does not include the equipment necessary to provide accessi-
bility to individuals with disabilities, the credit shall be FIFTEEN
THOUSAND DOLLARS PER ELECTRIC VEHICLE AND ten thousand dollars per ANY
OTHER vehicle.
(b) [Definition] DEFINITIONS. The term "accessible by individuals
with disabilities" shall, for the purposes of this subdivision, refer to
a vehicle that complies with federal regulations promulgated pursuant to
the Americans with Disabilities Act applicable to vans under twenty-two
feet in length, by the federal Department of Transportation, in Code of
Federal Regulations, title 49, parts 37 and 38, and by the federal
Architecture and Transportation Barriers Compliance Board, in Code of
Federal Regulations, title 36, section 1192.23, and the Federal Motor
Vehicle Safety Standards, Code of Federal Regulations, title 49, part
57. THE TERM "ELECTRIC VEHICLE" SHALL, FOR THE PURPOSES OF THIS SUBDIVI-
SION, HAVE THE SAME MEANING AS IN SECTION SIXTY-SIX-S OF THE PUBLIC
SERVICE LAW.
§ 3. Paragraph (c) of subdivision 38 of section 210-B of the tax law,
as amended by section 2 of part K of chapter 60 of the laws of 2016, is
amended to read as follows:
(c) Application of credit. In no event shall the credit allowed under
this subdivision for any taxable year reduce the tax due for such year
to less than the amount prescribed in paragraph (d) of subdivision one
S. 8009--C 37 A. 9009--C
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 carried over to the following year or years,
and may be deducted from the taxpayer's tax for such year or years. The
tax credit allowed pursuant to this subdivision shall not apply to taxa-
ble years beginning on or after January first, two thousand [twenty-
three] TWENTY-NINE.
§ 4. Paragraphs 1 and 2 of subsection (tt) of section 606 of the tax
law, as added by chapter 604 of the laws of 2011, are amended to read as
follows:
(1) Allowance and amount of credit. A taxpayer, who provides a taxicab
service as defined in section one hundred forty-eight-a of the vehicle
and traffic law, or a livery service as defined in section one hundred
twenty-one-e of the vehicle and traffic law, shall be allowed a credit,
to be computed as provided in this subsection, against the tax imposed
by this article. The amount of the credit shall be equal to the incre-
mental cost associated with upgrading a vehicle so that it is accessible
by individuals with disabilities as defined in paragraph two of this
subsection. Provided, however, that such credit shall not exceed FIFTEEN
THOUSAND DOLLARS PER ELECTRIC VEHICLE AND ten thousand dollars per ANY
OTHER vehicle. For purposes of this subsection, purchases of new vehi-
cles that are initially manufactured to be accessible for individuals
with disabilities and for which there is no comparable make and model
that does not include the equipment necessary to provide accessibility
to individuals with disabilities, the credit shall be FIFTEEN THOUSAND
DOLLARS PER ELECTRIC VEHICLE AND ten thousand dollars per ANY OTHER
vehicle.
(2) [Definition] DEFINITIONS. The term "accessible by individuals
with disabilities" shall, for the purposes of this subsection, refer to
a vehicle that complies with federal regulations promulgated pursuant to
the Americans with Disabilities Act applicable to vans under twenty-two
feet in length, by the federal Department of Transportation, in Code of
Federal Regulations, title 49, parts 37 and 38, and by the federal
Architecture and Transportation Barriers Compliance Board, in Code of
Federal Regulations, title 36, section 1192.23, and the Federal Motor
Vehicle Safety Standards, Code of Federal Regulations, title 29, part
57. THE TERM "ELECTRIC VEHICLE" SHALL, FOR THE PURPOSES OF THIS
SUBSECTION, HAVE THE SAME MEANING AS IN SECTION SIXTY-SIX-S OF THE
PUBLIC SERVICE LAW.
§ 5. This act shall take effect immediately; provided, however, that
sections two and four of this act shall apply to taxable years beginning
on or after January 1, 2023, provided, however, that the amendments to
subsection (tt) of section 606 of the tax law made by section four of
this act shall not affect the repeal of such subsection and shall be
deemed repealed therewith.
PART M
Section 1. Paragraph 4 of subdivision (a) of section 24 of the tax
law, as added by section 5 of part Q of chapter 57 of the laws of 2010,
is amended to read as follows:
(4) (I) Notwithstanding the foregoing provisions of this subdivision,
a qualified film production company or qualified independent film
production company, that has applied for credit under the provisions of
S. 8009--C 38 A. 9009--C
this section, agrees as a condition for the granting of the credit:
[(i)] (A) to include in each qualified film distributed by DVD, or other
media for the secondary market, a New York promotional video approved by
the governor's office of motion picture and television development or to
include in the end credits of each qualified film "Filmed With the
Support of the New York State Governor's Office of Motion Picture and
Television Development" and a logo provided by the governor's office of
motion picture and television development, and [(ii)] (B) to certify
that it will purchase taxable tangible property and services, defined as
qualified production costs pursuant to paragraph one of subdivision (b)
of this section, only from companies registered to collect and remit
state and local sales and use taxes pursuant to articles twenty-eight
and twenty-nine of this chapter.
(II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A QUALIFIED
FILM PRODUCTION COMPANY OR QUALIFIED INDEPENDENT FILM PRODUCTION COMPANY
THAT HAS APPLIED FOR CREDIT UNDER THE PROVISIONS OF THIS SECTION SHALL,
AS A CONDITION FOR THE GRANTING OF THE CREDIT, FILE A DIVERSITY PLAN
WITH THE GOVERNOR'S OFFICE FOR MOTION PICTURE AND TELEVISION DEVELOPMENT
OUTLINING SPECIFIC GOALS FOR HIRING A DIVERSE WORKFORCE. THE COMMISSION-
ER OF ECONOMIC DEVELOPMENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THE
REQUIREMENTS OF THIS PARAGRAPH, WHICH, NOTWITHSTANDING ANY PROVISIONS TO
THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED
ON AN EMERGENCY BASIS, TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
PARAGRAPH. THE GOVERNOR'S OFFICE FOR MOTION PICTURE AND TELEVISION
DEVELOPMENT SHALL REVIEW EACH SUBMITTED PLAN AS TO WHETHER IT MEETS THE
REQUIREMENTS ESTABLISHED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT,
AND SHALL VERIFY THAT THE APPLICANT HAS MET OR MADE GOOD-FAITH EFFORTS
IN ACHIEVING THESE GOALS. THE DIVERSITY PLAN ALSO SHALL INDICATE WHETHER
THE QUALIFIED FILM PRODUCTION COMPANY OR QUALIFIED INDEPENDENT FILM
PRODUCTION COMPANY THAT HAS APPLIED FOR CREDIT UNDER THE PROVISIONS OF
THIS SECTION INTENDS TO PARTICIPATE IN TRAINING, EDUCATION, AND RECRUIT-
MENT PROGRAMS THAT ARE DESIGNED TO PROMOTE AND ENCOURAGE THE TRAINING
AND HIRING IN THE FILM AND TELEVISION INDUSTRY OF NEW YORK RESIDENTS WHO
REPRESENT THE DIVERSITY OF THE STATE'S POPULATION.
§ 2. Paragraph 5 of subdivision (a) of section 24 of the tax law, as
amended by section 1 of part F of chapter 59 of the laws of 2021, is
amended to read as follows:
(5) For the period two thousand fifteen through two thousand [twenty-
six] TWENTY-NINE, in addition to the amount of credit established in
paragraph two of this subdivision, a taxpayer shall be allowed a credit
equal to the product (or pro rata share of the product, in the case of a
member of a partnership) of ten percent and the amount of wages or sala-
ries paid to individuals directly employed (excluding those employed as
writers, directors, music directors, producers and performers, including
background actors with no scripted lines) by a qualified film production
company or a qualified independent film production company for services
performed by those individuals in one of the counties specified in this
paragraph in connection with a qualified film with a minimum budget of
five hundred thousand dollars. For purposes of this additional credit,
the services must be performed in one or more of the following counties:
Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung,
Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex,
Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis,
Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga,
Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga,
Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sulli-
S. 8009--C 39 A. 9009--C
van, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, or
Yates. The aggregate amount of tax credits allowed pursuant to the
authority of this paragraph shall be five million dollars each year
during the period two thousand fifteen through two thousand [twenty-six]
TWENTY-NINE of the annual allocation made available to the program
pursuant to paragraph four of subdivision (e) of this section. Such
aggregate amount of credits shall be allocated by the governor's office
for motion picture and television development among taxpayers in order
of priority based upon the date of filing an application for allocation
of film production credit with such office. If the total amount of allo-
cated credits applied for under this paragraph in any year exceeds the
aggregate amount of tax credits allowed for such year under this para-
graph, such excess shall be treated as having been applied for on the
first day of the next year. If the total amount of allocated tax credits
applied for under this paragraph at the conclusion of any year is less
than five million dollars, the remainder shall be treated as part of the
annual allocation made available to the program pursuant to paragraph
four of subdivision (e) of this section. However, in no event may the
total of the credits allocated under this paragraph and the credits
allocated under paragraph five of subdivision (a) of section thirty-one
of this article exceed five million dollars in any year during the peri-
od two thousand fifteen through two thousand [twenty-six] TWENTY-NINE.
§ 3. Paragraph 4 of subdivision (e) of section 24 of the tax law, as
amended by section 2 of part F of chapter 59 of the laws of 2021, is
amended to read as follows:
(4) Additional pool 2 - The aggregate amount of tax credits allowed in
subdivision (a) of this section shall be increased by an additional four
hundred twenty million dollars in each year starting in two thousand ten
through two thousand [twenty-six] TWENTY-NINE provided however, seven
million dollars of the annual allocation shall be available for the
empire state film post production credit pursuant to section thirty-one
of this article in two thousand thirteen and two thousand fourteen,
twenty-five million dollars of the annual allocation shall be available
for the empire state film post production credit pursuant to section
thirty-one of this article in each year starting in two thousand fifteen
through two thousand [twenty-six] TWENTY-NINE and five million dollars
of the annual allocation shall be made available for the television
writers' and directors' fees and salaries credit pursuant to section
twenty-four-b of this article in each year starting in two thousand
twenty through two thousand [twenty-six] TWENTY-NINE. This amount shall
be allocated by the governor's office for motion picture and television
development among taxpayers in accordance with subdivision (a) of this
section. If the commissioner of economic development determines that the
aggregate amount of tax credits available from additional pool 2 for the
empire state film production tax credit have been previously allocated,
and determines that the pending applications from eligible applicants
for the empire state film post production tax credit pursuant to section
thirty-one of this article is insufficient to utilize the balance of
unallocated empire state film post production tax credits from such
pool, the remainder, after such pending applications are considered,
shall be made available for allocation in the empire state film tax
credit pursuant to this section, subdivision twenty of section two
hundred ten-B and subsection (gg) of section six hundred six of this
chapter. Also, if the commissioner of economic development determines
that the aggregate amount of tax credits available from additional pool
2 for the empire state film post production tax credit have been previ-
S. 8009--C 40 A. 9009--C
ously allocated, and determines that the pending applications from
eligible applicants for the empire state film production tax credit
pursuant to this section is insufficient to utilize the balance of unal-
located film production tax credits from such pool, then all or part of
the remainder, after such pending applications are considered, shall be
made available for allocation for the empire state film post production
credit pursuant to this section, subdivision thirty-two of section two
hundred ten-B and subsection (qq) of section six hundred six of this
chapter. The governor's office for motion picture and television devel-
opment must notify taxpayers of their allocation year and include the
allocation year on the certificate of tax credit. Taxpayers eligible to
claim a credit must report the allocation year directly on their empire
state film production credit tax form for each year a credit is claimed
and include a copy of the certificate with their tax return. In the case
of a qualified film that receives funds from additional pool 2, no
empire state film production credit shall be claimed before the later of
the taxable year the production of the qualified film is complete, or
the taxable year immediately following the allocation year for which the
film has been allocated credit by the governor's office for motion
picture and television development.
§ 4. Paragraph 4 of subdivision (e) of section 24 of the tax law, as
amended by section 3 of part F of chapter 59 of the laws of 2021, is
amended to read as follows:
(4) Additional pool 2 - The aggregate amount of tax credits allowed in
subdivision (a) of this section shall be increased by an additional four
hundred twenty million dollars in each year starting in two thousand ten
through two thousand [twenty-six] TWENTY-NINE provided however, seven
million dollars of the annual allocation shall be available for the
empire state film post production credit pursuant to section thirty-one
of this article in two thousand thirteen and two thousand fourteen and
twenty-five million dollars of the annual allocation shall be available
for the empire state film post production credit pursuant to section
thirty-one of this article in each year starting in two thousand fifteen
through two thousand [twenty-six] TWENTY-NINE. This amount shall be
allocated by the governor's office for motion picture and television
development among taxpayers in accordance with subdivision (a) of this
section. If the commissioner of economic development determines that the
aggregate amount of tax credits available from additional pool 2 for the
empire state film production tax credit have been previously allocated,
and determines that the pending applications from eligible applicants
for the empire state film post production tax credit pursuant to section
thirty-one of this article is insufficient to utilize the balance of
unallocated empire state film post production tax credits from such
pool, the remainder, after such pending applications are considered,
shall be made available for allocation in the empire state film tax
credit pursuant to this section, subdivision twenty of section two
hundred ten-B and subsection (gg) of section six hundred six of this
chapter. Also, if the commissioner of economic development determines
that the aggregate amount of tax credits available from additional pool
2 for the empire state film post production tax credit have been previ-
ously allocated, and determines that the pending applications from
eligible applicants for the empire state film production tax credit
pursuant to this section is insufficient to utilize the balance of unal-
located film production tax credits from such pool, then all or part of
the remainder, after such pending applications are considered, shall be
made available for allocation for the empire state film post production
S. 8009--C 41 A. 9009--C
credit pursuant to this section, subdivision thirty-two of section two
hundred ten-B and subsection (qq) of section six hundred six of this
chapter. The governor's office for motion picture and television devel-
opment must notify taxpayers of their allocation year and include the
allocation year on the certificate of tax credit. Taxpayers eligible to
claim a credit must report the allocation year directly on their empire
state film production credit tax form for each year a credit is claimed
and include a copy of the certificate with their tax return. In the case
of a qualified film that receives funds from additional pool 2, no
empire state film production credit shall be claimed before the later of
the taxable year the production of the qualified film is complete, or
the taxable year immediately following the allocation year for which the
film has been allocated credit by the governor's office for motion
picture and television development.
§ 5. Paragraph 1 of subdivision (f) of section 24 of the tax law, as
added by section 2 of subpart A of part H of chapter 39 of the laws of
2019, is amended to read as follows:
(1) With regard to certificates of tax credit issued on or after Janu-
ary first, two thousand twenty, the commissioner of economic development
shall reduce by one-quarter of one percent the amount of credit allowed
to a taxpayer and this reduced amount shall be reported on a certificate
of tax credit issued pursuant to this section and the regulations
promulgated by the commissioner of economic development to implement
this credit program. PROVIDED, HOWEVER, FOR CERTIFICATES OF TAX CREDIT
ISSUED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE AMOUNT
OF CREDIT SHALL BE REDUCED BY ONE-HALF OF ONE PERCENT ALLOWED TO THE
TAXPAYER.
§ 6. Paragraph 6 of subdivision (a) of section 31 of the tax law, as
amended by section 4 of part F of chapter 59 of the laws of 2021, is
amended to read as follows:
(6) For the period two thousand fifteen through two thousand [twenty-
six] TWENTY-NINE, in addition to the amount of credit established in
paragraph two of this subdivision, a taxpayer shall be allowed a credit
equal to the product (or pro rata share of the product, in the case of a
member of a partnership) of ten percent and the amount of wages or sala-
ries paid to individuals directly employed (excluding those employed as
writers, directors, music directors, producers and performers, including
background actors with no scripted lines) for services performed by
those individuals in one of the counties specified in this paragraph in
connection with the post production work on a qualified film with a
minimum budget of five hundred thousand dollars at a qualified post
production facility in one of the counties listed in this paragraph. For
purposes of this additional credit, the services must be performed in
one or more of the following counties: Albany, Allegany, Broome, Catta-
raugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cort-
land, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee,
Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison,
Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans,
Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie,
Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins,
Ulster, Warren, Washington, Wayne, Wyoming, or Yates. The aggregate
amount of tax credits allowed pursuant to the authority of this para-
graph shall be five million dollars each year during the period two
thousand fifteen through two thousand [twenty-six] TWENTY-NINE of the
annual allocation made available to the empire state film post
production credit pursuant to paragraph four of subdivision (e) of
S. 8009--C 42 A. 9009--C
section twenty-four of this article. Such aggregate amount of credits
shall be allocated by the governor's office for motion picture and tele-
vision development among taxpayers in order of priority based upon the
date of filing an application for allocation of post production credit
with such office. If the total amount of allocated credits applied for
under this paragraph in any year exceeds the aggregate amount of tax
credits allowed for such year under this paragraph, such excess shall be
treated as having been applied for on the first day of the next year. If
the total amount of allocated tax credits applied for under this para-
graph at the conclusion of any year is less than five million dollars,
the remainder shall be treated as part of the annual allocation for two
thousand seventeen made available to the empire state film post
production credit pursuant to paragraph four of subdivision (e) of
section twenty-four of this article. However, in no event may the total
of the credits allocated under this paragraph and the credits allocated
under paragraph five of subdivision (a) of section twenty-four of this
article exceed five million dollars in any year during the period two
thousand fifteen through two thousand [twenty-six] TWENTY-NINE.
§ 7. This act shall take effect immediately; provided, however that
the amendments to paragraph 4 of subdivision (e) of section 24 of the
tax law made by section three of this act shall take effect on the same
date and in the same manner as section 5 of chapter 683 of the laws of
2019, as amended, takes effect.
PART N
Section 1. Subdivision (a) of section 25-a of the labor law, as
amended by section 1 of subpart A of part N of chapter 59 of the laws of
2017, is amended to read as follows:
(a) The commissioner is authorized to establish and administer the
program established under this section to provide tax incentives to
employers for employing at risk youth in part-time and full-time posi-
tions. There will be ten distinct pools of tax incentives. Program one
will cover tax incentives allocated for two thousand twelve and two
thousand thirteen. Program two will cover tax incentives allocated in
two thousand fourteen. Program three will cover tax incentives allocated
in two thousand fifteen. Program four will cover tax incentives allo-
cated in two thousand sixteen. Program five will cover tax incentives
allocated in two thousand seventeen. Program six will cover tax incen-
tives allocated in two thousand eighteen. Program seven will cover tax
incentives allocated in two thousand nineteen. Program eight will cover
tax incentives allocated in two thousand twenty. Program nine will cover
tax incentives allocated in two thousand twenty-one. Program ten will
cover tax incentives allocated in two thousand twenty-two. PROGRAM ELEV-
EN WILL COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND TWENTY-THREE.
PROGRAM TWELVE WILL COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND TWEN-
TY-FOUR. PROGRAM THIRTEEN WILL COVER TAX INCENTIVES ALLOCATED IN TWO
THOUSAND TWENTY-FIVE. PROGRAM FOURTEEN WILL COVER TAX INCENTIVES ALLO-
CATED IN TWO THOUSAND TWENTY-SIX. PROGRAM FIFTEEN WILL COVER TAX INCEN-
TIVES ALLOCATED IN TWO THOUSAND TWENTY-SEVEN. The commissioner is
authorized to allocate up to twenty-five million dollars of tax credits
under program one, ten million dollars of tax credits under program two,
twenty million dollars of tax credits under program three, fifty million
dollars of tax credits under each of programs four and five, and forty
million dollars of tax credits under programs six, seven, eight, nine
[and], ten, ELEVEN, TWELVE, THIRTEEN, FOURTEEN AND FIFTEEN.
S. 8009--C 43 A. 9009--C
§ 2. Paragraph 4 of subdivision (b) of section 25-a of the labor law,
as added by section 1-a of subpart A of part N of chapter 59 of the laws
of 2017, is amended to read as follows:
(4) For programs six, seven, eight, nine [and], ten, ELEVEN, TWELVE,
THIRTEEN, FOURTEEN, AND FIFTEEN the tax credit under each program shall
be allocated as follows: (i) twenty million dollars of tax credit for
qualified employees; and (ii) twenty million dollars of tax credit for
individuals who meet all of the requirements for a qualified employee
except for the residency requirement of subparagraph (ii) of paragraph
two of this subdivision, which individuals shall be deemed to meet the
residency requirements of subparagraph (ii) of paragraph two of this
subdivision if they reside in New York state.
§ 3. The opening paragraph of subdivision (d) of section 25-a of the
labor law, as amended by section 2 of part R of chapter 59 of the laws
of 2018, is amended to read as follows:
To participate in the program established under this section, an
employer must submit an application (in a form prescribed by the commis-
sioner) to the commissioner after January first, two thousand twelve but
no later than November thirtieth, two thousand twelve for program one,
after January first, two thousand fourteen but no later than November
thirtieth, two thousand fourteen for program two, after January first,
two thousand fifteen but no later than November thirtieth, two thousand
fifteen for program three, after January first, two thousand sixteen but
no later than November thirtieth, two thousand sixteen for program four,
after January first, two thousand seventeen but no later than November
thirtieth, two thousand seventeen for program five, after January first,
two thousand eighteen but no later than November thirtieth, two thousand
eighteen for program six, after January first, two thousand nineteen but
no later than November thirtieth, two thousand nineteen for program
seven, after January first, two thousand twenty but no later than Novem-
ber thirtieth, two thousand twenty for program eight, after January
first, two thousand twenty-one but no later than November thirtieth, two
thousand twenty-one for program nine, [and] after January first, two
thousand twenty-two but no later than November thirtieth, two thousand
twenty-two for program ten, AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
THREE BUT NO LATER THAN NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-THREE
FOR PROGRAM ELEVEN, AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR BUT NO
LATER THAN NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR FOR PROGRAM
TWELVE, AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE BUT NO LATER THAN
NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-FIVE FOR PROGRAM THIRTEEN, AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-SIX BUT NO LATER THAN NOVEMBER THIR-
TIETH, TWO THOUSAND TWENTY-SIX FOR PROGRAM FOURTEEN, AND AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN BUT NO LATER THAN NOVEMBER THIRTIETH,
TWO THOUSAND TWENTY-SEVEN FOR PROGRAM FIFTEEN. The qualified employees
must start their employment on or after January first, two thousand
twelve but no later than December thirty-first, two thousand twelve for
program one, on or after January first, two thousand fourteen but no
later than December thirty-first, two thousand fourteen for program two,
on or after January first, two thousand fifteen but no later than Decem-
ber thirty-first, two thousand fifteen for program three, on or after
January first, two thousand sixteen but no later than December thirty-
first, two thousand sixteen for program four, on or after January first,
two thousand seventeen but no later than December thirty-first, two
thousand seventeen for program five, on or after January first, two
thousand eighteen but no later than December thirty-first, two thousand
eighteen for program six, on or after January first, two thousand nine-
S. 8009--C 44 A. 9009--C
teen but no later than December thirty-first, two thousand nineteen for
program seven, on or after January first, two thousand twenty but no
later than December thirty-first, two thousand twenty for program eight,
on or after January first, two thousand twenty-one but no later than
December thirty-first, two thousand twenty-one for program nine, [and]
on or after January first, two thousand twenty-two but no later than
December thirty-first, two thousand twenty-two for program ten, ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE BUT NO LATER THAN DECEM-
BER THIRTY-FIRST, TWO THOUSAND THREE FOR PROGRAM ELEVEN, ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-FOUR BUT NO LATER THAN DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-FOUR FOR PROGRAM TWELVE, ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND TWENTY-FIVE BUT NO LATER THAN DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-FIVE FOR PROGRAM THIRTEEN, ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-SIX BUT NO LATER THAN DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-SIX FOR PROGRAM FOURTEEN, AND ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN BUT NO LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN FOR PROGRAM FIFTEEN. As part of
such application, an employer must:
§ 4. This act shall take effect immediately.
PART O
Section 1. Subdivision (a) of section 25-c of the labor law, as added
by section 1 of subpart B of part N of chapter 59 of the laws of 2017,
is amended to read as follows:
(a) The commissioner is authorized to establish and administer the
empire state apprenticeship tax credit program to provide tax incentives
to certified employers for employing qualified apprentices pursuant to
an apprenticeship agreement registered with the department pursuant to
paragraph (d) of subdivision one of section eight hundred eleven of this
chapter. The commissioner is authorized to allocate up to ten million
dollars of tax credits annually, beginning in two thousand eighteen and
ending before two thousand [twenty-three] TWENTY-EIGHT. Any unused annu-
al allocation of the credit shall be made available in each of the
subsequent years before two thousand [twenty-three] TWENTY-EIGHT.
§ 2. This act shall take effect immediately.
PART P
Section 1. Subdivision 6 of section 187-b of the tax law, as amended
by section 1 of part O of chapter 59 of the laws of 2017, is amended to
read as follows:
6. Termination. The credit allowed by subdivision two of this section
shall not apply in taxable years beginning after December thirty-first,
two thousand [twenty-two] TWENTY-FIVE.
§ 2. Paragraph (f) of subdivision 30 of section 210-B of the tax law,
as amended by section 2 of part O of chapter 59 of the laws of 2017, is
amended to read as follows:
(f) Termination. The credit allowed by paragraph (b) of this subdivi-
sion shall not apply in taxable years beginning after December thirty-
first, two thousand [twenty-two] TWENTY-FIVE.
§ 3. Paragraph 6 of subsection (p) of section 606 of the tax law, as
amended by section 3 of part O of chapter 59 of the laws of 2017, is
amended to read as follows:
S. 8009--C 45 A. 9009--C
(6) Termination. The credit allowed by this subsection shall not apply
in taxable years beginning after December thirty-first, two thousand
[twenty-two] TWENTY-FIVE.
§ 4. This act shall take effect immediately.
PART Q
Section 1. Section 5 of part MM of chapter 59 of the laws of 2014
amending the labor law and the tax law relating to the creation of the
workers with disabilities tax credit program, as amended by section 1 of
part E of chapter 59 of the laws of 2019, is amended to read as follows:
§ 5. This act shall take effect January 1, 2015, and shall apply to
taxable years beginning on and after that date[; provided, however, that
this act shall expire and be deemed repealed January 1, 2023].
§ 2. Section 25-b of the labor law is amended by adding a new subdivi-
sion (f) to read as follows:
(F) THE TAX CREDITS PROVIDED UNDER THIS PROGRAM SHALL BE APPLICABLE TO
TAXABLE PERIODS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
§ 3. This act shall take effect immediately.
PART R
Intentionally Omitted
PART S
Intentionally Omitted
PART T
Section 1. Section 301-b of the tax law is amended by adding a new
subdivision (j) to read as follows:
(J) EXEMPTION FOR TUGBOATS AND TOWBOATS. THE USE BY A TUGBOAT OR
TOWBOAT OF MOTOR FUEL, DIESEL MOTOR FUEL, OR RESIDUAL PETROLEUM PRODUCT.
PROVIDED, THAT THE COMMISSIONER SHALL REQUIRE SUCH DOCUMENTARY PROOF TO
QUALIFY FOR ANY EXEMPTION PROVIDED HEREUNDER AS THE COMMISSIONER DEEMS
APPROPRIATE.
§ 2. The opening paragraph of section 301-c of the tax law, as amended
by section 5 of part W-1 of chapter 109 of the laws of 2006, is amended
to read as follows:
A subsequent purchaser shall be eligible for reimbursement of tax with
respect to the following gallonage, subsequently sold by such purchaser
in accordance with subdivision (a), (b), (e), (h), (j), (k), (n) or (o)
of this section or used by such purchaser in accordance with subdivision
(c), (d), (f), (g), (i), (l) [or], (m) OR (Q) of this section, which
gallonage has been included in the measure of the tax imposed by this
article on a petroleum business:
§ 3. The opening paragraph of section 301-c of the tax law, as amended
by chapter 468 of the laws of 2000, is amended to read as follows:
A subsequent purchaser shall be eligible for reimbursement of tax with
respect to the following gallonage, subsequently sold by such purchaser
in accordance with subdivision (a), (b), (e), (h), (j) or (k) of this
section or used by such purchaser in accordance with subdivision (c),
(d), (f), (g), (i), (l) [or], (m) OR (Q) of this section, which gallo-
S. 8009--C 46 A. 9009--C
nage has been included in the measure of the tax imposed by this article
on a petroleum business:
§ 4. Section 301-c of the tax law is amended by adding a new subdivi-
sion (q) to read as follows:
(Q) REIMBURSEMENT FOR TUGBOATS AND TOWBOATS. A USE BY A TUGBOAT OR
TOWBOAT OF MOTOR FUEL, DIESEL MOTOR FUEL, OR RESIDUAL PETROLEUM PRODUCT.
THIS REIMBURSEMENT MAY BE CLAIMED ONLY WHERE (1) ANY TAX IMPOSED PURSU-
ANT TO THIS ARTICLE HAS BEEN PAID WITH RESPECT TO SUCH GALLONAGE AND THE
ENTIRE AMOUNT OF SUCH TAX HAS BEEN ABSORBED BY SUCH PURCHASER, AND (2)
SUCH TUGBOAT OR TOWBOAT POSSESSES DOCUMENTARY PROOF SATISFACTORY TO THE
COMMISSIONER EVIDENCING THE ABSORPTION BY IT OF THE ENTIRE AMOUNT OF
SUCH TAX. PROVIDED, THAT THE COMMISSIONER SHALL REQUIRE SUCH DOCUMENTARY
PROOF TO QUALIFY FOR ANY REIMBURSEMENT PROVIDED HEREUNDER AS THE COMMIS-
SIONER DEEMS APPROPRIATE.
§ 5. This act shall take effect September 1, 2022, and shall apply to
uses of motor fuel, diesel motor fuel and residual petroleum product on
and after such date; provided however that the amendments to the opening
paragraph of section 301-c of the tax law made by section two of this
act shall be subject to the expiration and reversion of such paragraph
pursuant to section 19 of part W-1 of chapter 109 of the laws of 2006,
as amended, when upon such date the provisions of section three of this
act shall take effect.
PART U
Intentionally Omitted
PART V
Intentionally Omitted
PART W
Section 1. Paragraph 1 of subsection (a) of section 671 of the tax
law, as amended by chapter 760 of the laws of 1992, is amended to read
as follows:
(1) Every employer maintaining an office or transacting business with-
in this state and making payment of any wages taxable under this article
shall deduct and withhold from such wages for each payroll period a tax
computed in such manner as to result, so far as practicable, in with-
holding from the employee's wages during each calendar year an amount
substantially equivalent to the tax reasonably estimated to be due under
this article resulting from the inclusion in the employee's New York
adjusted gross income or New York source income of [his] THE EMPLOYEE'S
wages received during such calendar year. The method of determining the
amount to be withheld shall be prescribed by [regulations of] the
commissioner, with due regard to the New York withholding exemptions of
the employee and the sum of any credits allowable against [his] THE
EMPLOYEE'S tax. THE COMMISSIONER SHALL PUBLISH ANY CHANGES TO SUCH METH-
OD OF DETERMINING THE AMOUNT OF TAX TO BE WITHHELD ON THE WEBSITE OF THE
DEPARTMENT OF TAXATION AND FINANCE. THE COMMISSIONER SHALL ALSO CAUSE
NOTICE OF SUCH CHANGES TO BE PUBLISHED IN THE SECTION FOR MISCELLANEOUS
NOTICES IN THE STATE REGISTER AND SHALL GIVE OTHER APPROPRIATE GENERAL
NOTICE OF SUCH CHANGES.
S. 8009--C 47 A. 9009--C
§ 2. Paragraph 6 of subsection (j) of section 697 of the tax law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
(6) Publication of interest rates. The commissioner of taxation and
finance SHALL PUBLISH THE INTEREST RATES SET UNDER THIS SUBSECTION ON
THE WEBSITE OF THE DEPARTMENT OF TAXATION AND FINANCE. IMMEDIATELY
FOLLOWING SUCH PUBLICATION, THE COMMISSIONER shall cause SUCH INTEREST
RATES to be published in the section for miscellaneous notices in the
state register[,] and give other appropriate general notice of[, the]
SUCH interest rates [to be set under this subsection no later than twen-
ty days preceding the first day of the calendar quarter during which
such interest rates apply]. The setting and publication of such interest
rates shall not be included within paragraph (a) of subdivision two of
section one hundred two of the state administrative procedure act relat-
ing to the definition of a rule.
§ 3. Paragraph 5 of subsection (e) of section 1096 of the tax law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
(5) Publication of interest rates. The commissioner of taxation and
finance shall PUBLISH THE INTEREST RATES SET UNDER THIS SUBSECTION ON
THE WEBSITE OF THE DEPARTMENT OF TAXATION AND FINANCE. IMMEDIATELY
FOLLOWING SUCH PUBLICATION, THE COMMISSIONER SHALL cause SUCH INTEREST
RATES to be published in the section for miscellaneous notices in the
state register[,] and give other appropriate general notice of[, the]
SUCH interest rates [to be set under this subsection no later than twen-
ty days preceding the first day of the calendar quarter during which
such interest rates apply]. The setting and publication of such interest
rates shall not be included within paragraph (a) of subdivision two of
section one hundred two of the state administrative procedure act relat-
ing to the definition of a rule.
§ 4. This act shall take effect immediately.
PART X
Section 1. Paragraph (c) of subdivision 1 of section 1701 of the tax
law, as added by section 1 of part CC-1 of chapter 57 of the laws of
2008, is amended to read as follows:
(c) "Financial institution" means (I) any financial institution
authorized or required to participate in a financial institution data
match system or program for child support enforcement purposes under
federal or state law, AND (II) ANY VIRTUAL CURRENCY BUSINESS LICENSED BY
THE SUPERINTENDENT OF FINANCIAL SERVICES.
§ 2. This act shall take effect immediately.
PART Y
Section 1. Section 4 of chapter 475 of the laws of 2013, relating to
assessment ceilings for local public utility mass real property, as
amended by section 1 of part G of chapter 59 of the laws of 2018, is
amended to read as follows:
§ 4. This act shall take effect on the first of January of the second
calendar year commencing after this act shall have become a law and
shall apply to assessment rolls with taxable status dates on or after
such date; provided, however, that this act shall expire and be deemed
repealed [eight] TWELVE years after such effective date; and provided,
further, that no assessment of local public utility mass real property
S. 8009--C 48 A. 9009--C
appearing on the municipal assessment roll with a taxable status date
occurring in the first calendar year after this act shall have become a
law shall be less than ninety percent or more than one hundred ten
percent of the assessment of the same property on the date this act
shall have become a law.
§ 2. Subdivision 4 of section 499-pppp of the real property tax law,
as added by chapter 475 of the laws of 2013, is amended to read as
follows:
4. (A) Any final determination of an assessment ceiling by the commis-
sioner pursuant to subdivision one of this section shall be subject to
judicial challenge by an owner of local public utility mass real proper-
ty or a local assessing jurisdiction in a proceeding under article seven
of this chapter; provided however, the time to commence such proceeding
shall be within sixty days of the issuance of the final assessment ceil-
ing certificate and all questions of fact and law shall be determined de
novo. Any judicial proceeding shall be commenced in the supreme court in
the county of Albany or the county agreed upon by the parties in which
the local public utility mass real property is located.
(B) Nothing in this section shall preclude a challenge of the assessed
value established by a local assessing jurisdiction with respect to
local public utility mass real property as otherwise provided in article
seven of this chapter, PROVIDED HOWEVER THAT:
(I) UPON MOTION OF THE LOCAL ASSESSING JURISDICTION, SUCH CHALLENGE
SHALL BE CONSOLIDATED WITH THE CHALLENGE TO THE FINAL ASSESSMENT CEILING
COMMENCED PURSUANT TO THIS SUBDIVISION AND LITIGATED IN THE VENUE SPECI-
FIED BY THIS SUBDIVISION.
(II) In any proceeding INITIATED BY AN OWNER OF LOCAL PUBLIC UTILITY
MASS REAL PROPERTY challenging an assessed value established by a local
assessing jurisdiction for local public utility mass real property, the
final certified assessment ceiling established pursuant to subdivision
one of this section [shall not], AND THE EVIDENCE SUBMITTED IN
CONNECTION THEREWITH, MAY be considered by the court WHEN DETERMINING
THE MERITS OF THE CHALLENGE TO THE ASSESSED VALUE ESTABLISHED BY THE
ASSESSING UNIT.
(III) IN SUCH A PROCEEDING, THE LOCAL ASSESSING JURISDICTION, UPON
REQUEST TO THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNER, SHALL BE
PROVIDED WITH A COPY OF THE PORTION OF THE ANNUAL REPORT PROVIDED TO THE
COMMISSIONER UNDER SECTION FOUR HUNDRED NINETY-NINE-RRRR OF THIS TITLE
THAT DIRECTLY RELATES TO THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY
LOCATED WITHIN THE LOCAL ASSESSING JURISDICTION, PROVIDED THAT:
(A) SUCH REPORT, OR THE APPLICABLE PORTION THEREOF, NEED ONLY BE SO
PROVIDED IF (1) THE PROPERTY AT ISSUE IN THE PROCEEDING IS PROPERTY TO
WHICH AN ASSESSMENT CEILING APPLIES, AND (2) THE ASSESSED VALUE ESTAB-
LISHED BY THE ASSESSING UNIT FOR THE PROPERTY IS NO GREATER THAN THE
ASSESSMENT CEILING SET FOR THE PROPERTY BY THE COMMISSIONER.
(B) NOTWITHSTANDING ANY OTHER REQUIREMENTS OF LAW TO THE CONTRARY, THE
ANNUAL REPORT OR PORTION THEREOF SO PROVIDED SHALL BE TREATED BY THE
LOCAL ASSESSING JURISDICTION AS CONFIDENTIAL IN ALL RESPECTS, AND SHALL
NOT BE PUBLISHED OR OTHERWISE DISCLOSED TO ANY PERSON OR AGENCY, EXCEPT
THAT SUCH REPORT MAY BE SHARED WITH PERSONS WHO ARE PROVIDING THE LOCAL
ASSESSING JURISDICTION WITH LEGAL OR APPRAISAL SERVICES IN CONNECTION
WITH THE LITIGATION, IN WHICH CASE SUCH PERSONS SHALL BE LIKEWISE
OBLIGED TO TREAT SUCH REPORT AS CONFIDENTIAL IN ALL RESPECTS, AND EXCEPT
THAT SUCH REPORT MAY BE OFFERED INTO EVIDENCE IN THE LITIGATION, SUBJECT
TO ITS ADMISSIBILITY BEING DETERMINED BY THE COURT. IF RULED ADMISSI-
BLE, THE OWNER OF PUBLIC UTILITY MASS REAL PROPERTY MAY MOVE THE COURT
S. 8009--C 49 A. 9009--C
FOR AN ORDER DIRECTING THAT THE PORTION OF THE RECORD CONTAINING SUCH
REPORT, OR THE APPLICABLE PORTION THEREOF, NOT BE MADE AVAILABLE FOR
PUBLIC INSPECTION OR DISCLOSURE. IF SUCH A MOTION IS MADE, THE LOCAL
ASSESSING JURISDICTION SHALL BE DEEMED TO CONSENT THERETO.
(C) IF THE LOCAL PUBLIC UTILITY MASS REAL PROPERTY OWNER IS REQUIRED
BY THIS SUBPARAGRAPH TO PROVIDE TO THE LOCAL ASSESSING JURISDICTION SUCH
REPORT, OR THE APPLICABLE PORTION THEREOF, BUT IT FAILS TO DO SO WITHIN
THIRTY DAYS OF SUCH A REQUEST, THE PROCEEDING SHALL BE DISMISSED.
§ 3. This act shall take effect immediately, provided, however, that
the amendments to subdivision 4 of section 499-pppp of the real property
tax law made by section two of this act shall not affect the repeal of
such section and shall be deemed to be repealed therewith.
PART Z
Section 1. This Part enacts into law major components of legislation
relating to the administration of the STAR program authorized by section
425 of the real property tax law and subsection (eee) of section 606 of
the tax law. Each component is wholly contained within a Subpart identi-
fied as Subparts A, C, D and E. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes refer-
ence to a section of "this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section two of
this act sets forth the general effective date of this Part.
SUBPART A
Section 1. Paragraph (a-2) of subdivision 6 of section 425 of the real
property tax law, as amended by section 1 of part TT of chapter 59 of
the laws of 2019, is amended to read as follows:
(a-2) Notwithstanding any provision of law to the contrary, where an
application for the "enhanced" STAR exemption authorized by subdivision
four of this section has not been filed on or before the taxable status
date, and the owner believes that good cause existed for the failure to
file the application by that date, the owner may, no later than the last
day for paying school taxes without incurring interest or penalty,
submit a written request to the commissioner asking him or her to extend
the filing deadline and grant the exemption. Such request shall contain
an explanation of why the deadline was missed, and shall be accompanied
by an application, reflecting the facts and circumstances as they
existed on the taxable status date. After consulting with the assessor,
the commissioner may extend the filing deadline and grant the exemption
if the commissioner is satisfied that (i) good cause existed for the
failure to file the application by the taxable status date, and that
(ii) the applicant is otherwise entitled to the exemption. The commis-
sioner shall mail notice of his or her determination to such owner and
the assessor. If the determination states that the commissioner has
granted the exemption, the assessor shall thereupon be authorized and
directed to correct the assessment roll accordingly, or, if another
person has custody or control of the assessment roll, to direct that
person to make the appropriate corrections. [If the correction is not
made before school taxes are levied, the school district authorities
shall be authorized and directed to take account of the fact that the
S. 8009--C 50 A. 9009--C
commissioner has granted the exemption by correcting the applicant's tax
bill and/or issuing a refund accordingly] PROVIDED, HOWEVER, THAT IF THE
ASSESSMENT ROLL CANNOT BE CORRECTED IN TIME FOR THE EXEMPTION TO APPEAR
ON THE APPLICANT'S SCHOOL TAX BILL, THE COMMISSIONER SHALL BE AUTHORIZED
TO REMIT DIRECTLY TO THE APPLICANT THE TAX SAVINGS THAT THE STAR
EXEMPTION WOULD HAVE YIELDED IF IT HAD APPEARED ON THE APPLICANT'S TAX
BILL. THE AMOUNTS SO PAYABLE SHALL BE PAID FROM THE ACCOUNT ESTABLISHED
FOR THE PAYMENT OF STAR BENEFITS TO LATE REGISTRANTS PURSUANT TO SUBPAR-
AGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION FOURTEEN OF THIS SECTION.
§ 2. This act shall take effect immediately.
SUBPART B
Intentionally Omitted
SUBPART C
Section 1. Subparagraph (A) of paragraph 3 of subsection (eee) of
section 606 of the tax law, as amended by section 2 of part RR of chap-
ter 59 of the laws of 2019, is amended to read as follows:
(A) Beginning with taxable years after two thousand fifteen, a basic
STAR credit shall be available to a qualified taxpayer if the affiliated
income of the parcel that serves as the taxpayer's primary residence is
less than or equal to five hundred thousand dollars FOR THE APPLICABLE
INCOME TAX YEAR SPECIFIED BY PARAGRAPH (B-1) OF SUBDIVISION THREE OF
SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW. The
income limit established for the basic STAR exemption by paragraph (b-1)
of subdivision three of section four hundred twenty-five of the real
property tax law shall not be taken into account when determining eligi-
bility for the basic STAR credit.
§ 2. This act shall take effect immediately.
SUBPART D
Section 1. Subparagraph (B) of paragraph 7 of subsection (eee) of
section 606 of the tax law, as amended by section 7 of part E of chapter
59 of the laws of 2018, is amended to read as follows:
(B) Notwithstanding any provision of law to the contrary, the names
and addresses of individuals who have applied for or are receiving the
credit authorized by this subsection may be disclosed to assessors,
county directors of real property tax services, and municipal tax
collecting officers WITHIN NEW YORK STATE. In addition, [where an agree-
ment is in place between the commissioner and the head of the tax
department of another state, such information may be disclosed to such
official or his or her designees] SUCH INFORMATION MAY BE EXCHANGED WITH
ASSESSORS AND TAX OFFICIALS FROM JURISDICTIONS OUTSIDE NEW YORK STATE IF
THE LAWS OF THE OTHER JURISDICTION ALLOW IT TO PROVIDE SIMILAR INFORMA-
TION TO THIS STATE. Such information shall be considered confidential
and shall not be subject to further disclosure pursuant to the freedom
of information law or otherwise.
§ 2. This act shall take effect immediately.
SUBPART E
S. 8009--C 51 A. 9009--C
Section 1. Subsection (c) of section 651 of the tax law, as amended by
section 3 of part QQ of chapter 59 of the laws of 2019, is amended to
read as follows:
(c) Decedents. The return for any deceased individual shall be made
and filed by [his] THE DECEDENT'S executor, administrator, or other
person charged with [his] THE DECEDENT'S property. If a final return of
a decedent is for a fractional part of a year, the due date of such
return shall be the fifteenth day of the fourth month following the
close of the twelve-month period which began with the first day of such
fractional part of the year. Notwithstanding any provision of law to the
contrary, when a return has been filed for a decedent, the commissioner
may disclose the decedent's name, address, and the date of death to the
director of real property tax services of the county AND THE ASSESSOR OF
THE ASSESSING UNIT in which the address reported on such return is
located.
§ 2. This act shall take effect immediately.
§ 2. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A, C, D and E of this act
shall be as specifically set forth in the last section of such Subparts.
PART AA
Section 1. Section 575-b of the real property tax law is amended by
adding a new subdivision 4 to read as follows:
4. COMPLAINTS WITH RESPECT TO ASSESSMENTS DETERMINED UNDER THIS
SECTION SHALL BE GOVERNED BY SECTIONS FIVE HUNDRED TWELVE AND FIVE
HUNDRED TWENTY-FOUR OF THIS ARTICLE AND THE FOLLOWING PROVISIONS:
(A) THE ASSESSOR SHALL, UPON REQUEST, PROVIDE THE OWNER WITH THE
INPUTS THAT HE OR SHE ENTERED INTO THE COMMISSIONER'S APPRAISAL MODEL
WHEN VALUING THE PROPERTY PURSUANT TO THIS SECTION.
(B) THE PROPERTY OWNER MAY ADVISE THE ASSESSOR OF ANY ALLEGED ERRORS
TO THE APPRAISAL MODEL INPUTS BELIEVED TO HAVE BEEN MADE BY THE ASSES-
SOR, AND MAY PROVIDE INFORMATION TO THE ASSESSOR IN SUPPORT OF ANY
PROPOSED CHANGE TO THOSE INPUTS.
(C) IF THE PROPERTY OWNER PROVIDES SUCH INFORMATION TO THE ASSESSOR
PRIOR TO THE FILING OF THE TENTATIVE ASSESSMENT ROLL, THE ASSESSOR MAY
MAKE SUCH ADJUSTMENTS TO THE APPRAISAL MODEL INPUTS AS HE OR SHE DEEMS
WARRANTED BASED UPON THE INFORMATION PROVIDED BY THE PROPERTY OWNER, AND
MAY RECALCULATE THE PROPERTY VALUE BY ENTERING THE ADJUSTED INPUTS INTO
THE APPRAISAL MODEL.
(D) IF DISSATISFIED WITH THE ASSESSED VALUE APPEARING ON THE TENTATIVE
ASSESSMENT ROLL, THE PROPERTY OWNER MAY FILE A COMPLAINT WITH THE BOARD
OF ASSESSMENT REVIEW; PROVIDED, HOWEVER, THAT THE GROUNDS FOR REVIEW OF
AN ASSESSMENT DETERMINED UNDER THIS SECTION WITH RESPECT TO BOTH ARTICLE
FIVE AND ARTICLE SEVEN OF THIS CHAPTER SHALL BE LIMITED TO THE ACCURACY
OF THE APPRAISAL MODEL INPUTS MADE BY THE ASSESSOR.
(E) ACTIONS OR PROCEEDINGS THAT CHALLENGE THE VALIDITY AND ACCURACY OF
THE APPRAISAL MODEL OR DISCOUNT RATES ESTABLISHED UNDER THIS SECTION MAY
NOT BE COMMENCED AGAINST ASSESSING UNITS. SUCH CHALLENGES MAY ONLY BE
BROUGHT BY COMMENCING AN ACTION AGAINST THE COMMISSIONER IN THE THIRD
DEPARTMENT OF THE APPELLATE DIVISION OF THE SUPREME COURT IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 2. This act shall take effect immediately.
PART BB
S. 8009--C 52 A. 9009--C
Section 1. The subsection heading and paragraphs 1, 2, 3, and 4 of
subsection (n-1) of section 606 of the tax law, as added by section 1 of
subpart B of part C of chapter 20 of the laws of 2015, the opening para-
graph of subparagraph (a) of paragraph 2 as amended by section 7 of part
A of chapter 60 of the laws of 2016, are amended to read as follows:
[Property tax relief] HOMEOWNER TAX REBATE credit. (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
for tax [years two thousand sixteen, two thousand seventeen, two thou-
sand eighteen, and two thousand nineteen] YEAR TWO THOUSAND TWENTY-TWO.
(2) [(a)] To be eligible for the credit, the taxpayer (or taxpayers
filing joint returns) [on the personal income tax return filed for the
taxable year two years prior, must have (i) been a resident, (ii) owned
and primarily resided] (A) MUST OWN AND PRIMARILY RESIDE in real proper-
ty receiving either the STAR exemption authorized by section four
hundred twenty-five of the real property tax law or the school tax
relief credit authorized by subsection (eee) of this section, and
[(iii)] (B) MUST HAVE had qualified gross income no greater than two
hundred [seventy-five] FIFTY thousand dollars IN TAX YEAR TWO THOUSAND
TWENTY. [Provided, however, that no credit shall be allowed if any of
the following apply:
(i) Such property is located in an independent school district that is
subject to the provisions of section two thousand twenty-three-a of the
education law and that has adopted a budget in excess of the tax levy
limit prescribed by that section. To render its taxpayers eligible for
the credit authorized by this subsection, the school district must
certify its compliance with such tax levy limit in the manner prescribed
by subdivision two of section two thousand twenty-three-b of the educa-
tion law.
(ii) Such property is located in a city with a dependent school
district that is subject to the provisions of section three-c of the
general municipal law and that has adopted a budget in excess of the tax
levy limit prescribed by that section. To render its taxpayers eligible
for the credit authorized by this subsection, the city must certify its
compliance with such tax levy limit in the manner prescribed by subdivi-
sion two of section three-d of the general municipal law.
(iii) Such property is located in the city of New York.]
(3) Amount of credit. (a) [For the two thousand sixteen taxable year
(i) for a taxpayer residing in real property located within the metro-
politan commuter transportation district (MCTD) and outside the city of
New York, the amount of the credit shall be $130; (ii) for a taxpayer
residing in real property located outside the MCTD, the amount of the
credit shall be $185.
(b) For the two thousand seventeen, two thousand eighteen and two
thousand nineteen taxable years (i)] For a taxpayer who owned and prima-
rily resided in real property receiving the basic STAR exemption OR WHO
RECEIVED THE BASIC STAR CREDIT, the amount of the credit shall equal the
STAR tax savings associated with such basic STAR exemption IN THE TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, multiplied by
the following percentage:
[(A) for the two thousand seventeen taxable year:
Qualified Gross Income Percentage
Not over $75,000 28%
Over $75,000 but not over $150,000 20.5%
Over $150,000 but not over $200,000 13%
S. 8009--C 53 A. 9009--C
Over $200,000 but not over $275,000 5.5%
Over $275,000 No credit
(B) for the two thousand eighteen taxable year:
Qualified Gross Income Percentage
Not over $75,000 60%
Over $75,000 but not over $150,000 42.5%
Over $150,000 but not over $200,000 25%
Over $200,000 but not over $275,000 7.5%
Over $275,000 No credit
(C) for the two thousand nineteen taxable year:]
(I) FOR A TAXPAYER WHOSE PRIMARY RESIDENCE IS LOCATED OUTSIDE THE CITY
OF NEW YORK:
Qualified Gross Income Percentage
Not over $75,000 [85%] 163%
Over $75,000 but not over $150,000 [60%] 115%
Over $150,000 but not over $200,000 [35%] 66%
Over $200,000 but not over [10%] 18%
[$275,000] $250,000
Over [$275,000] $250,000 No credit
(II) FOR A TAXPAYER WHOSE PRIMARY RESIDENCE IS LOCATED WITHIN THE CITY
OF NEW YORK:
QUALIFIED GROSS INCOME PERCENTAGE
NOT OVER $75,000 125%
OVER $75,000 BUT NOT OVER $150,000 115%
OVER $150,000 BUT NOT OVER $200,000 105%
OVER $200,000 BUT NOT OVER $250,000 100%
OVER $250,000 NO CREDIT
[(c)] (B) For a taxpayer who owned and primarily resided in real prop-
erty receiving the enhanced STAR exemption OR WHO RECEIVED THE ENHANCED
STAR CREDIT, the amount of the credit shall equal the STAR tax savings
associated with such enhanced STAR exemption IN THE TWO THOUSAND TWEN-
TY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, multiplied by [the follow-
ing percentage:
Taxable Year Percentage
two thousand seventeen 12%
two thousand eighteen 26%
two thousand nineteen 34%]
SIXTY-SIX PERCENT IF THE TAXPAYER'S PRIMARY RESIDENCE IS LOCATED OUTSIDE
THE CITY OF NEW YORK, OR ONE HUNDRED TEN PERCENT IF THE TAXPAYER'S
PRIMARY RESIDENCE IS LOCATED WITHIN THE CITY OF NEW YORK.
[(d)] (C) In no case may the amount of the credit allowed under this
subsection exceed the school district taxes due with respect to the
residence for that school year, NOR SHALL ANY CREDIT BE ALLOWED UNDER
THIS SUBSECTION IF THE AMOUNT DETERMINED PURSUANT TO THIS PARAGRAPH IS
LESS THAN ONE HUNDRED DOLLARS.
(4) For purposes of this subsection:
(a) "Qualified gross income" means the adjusted gross income of the
qualified taxpayer for the taxable year as reported for federal income
tax purposes, or which would be reported as adjusted gross income if a
federal income tax return were required to be filed. In computing quali-
fied gross income, the net amount of loss reported on Federal Schedule
C, D, E, or F shall not exceed three thousand dollars per schedule. In
addition, the net amount of any other separate category of loss shall
not exceed three thousand dollars. The aggregate amount of all losses
included in computing qualified gross income shall not exceed fifteen
thousand dollars.
S. 8009--C 54 A. 9009--C
(b) "STAR tax savings" means the tax savings attributable to the basic
or enhanced STAR exemption, whichever is applicable, within a portion of
a school district, as determined by the commissioner pursuant to subdi-
vision two of section thirteen hundred six-a of the real property tax
law.
[(c) "Metropolitan commuter transportation district" or "MCTD" means
the metropolitan commuter transportation district as defined in section
twelve hundred sixty-two of the public authorities law.]
§ 2. This act shall take effect immediately.
PART CC
Intentionally Omitted
PART DD
Section 1. Section 509-a of the racing, pari-mutuel wagering and
breeding law, as amended by section 1 of part LLL of chapter 59 of the
laws of 2021, is amended to read as follows:
§ 509-a. Capital acquisition fund. 1. The corporation may create and
establish a capital acquisition fund for the purpose of financing the
acquisition, construction or equipping of offices, facilities or prem-
ises of the corporation. Such capital acquisition fund shall consist of
(i) the amounts specified pursuant to subdivision three-a of section
five hundred thirty-two of this chapter; and (ii) contributions from the
corporation's pari-mutuel wagering pools, subject to the following limi-
tations:
a. no contribution shall exceed the amount of one percent of the total
pari-mutuel wagering pools for the quarter in which the contribution is
made;
b. no contribution shall reduce the amount of quarterly net revenues,
exclusive of surcharge revenues, to an amount less than fifty percent of
such net revenues; and
c. the balance of the fund shall not exceed the lesser of one percent
of total pari-mutuel wagering pools for the previous twelve months or
the undepreciated value of the corporation's offices, facilities and
premises.
2. A. Notwithstanding any other provision of law or regulation to the
contrary, FROM APRIL NINETEENTH, TWO THOUSAND TWENTY-ONE TO MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-TWO, twenty-three percent of the funds,
not to exceed two and one-half million dollars, in the Catskill off-
track betting corporation's capital acquisition fund and twenty-three
percent of the funds, not to exceed four hundred forty thousand dollars,
in the Capital off-track betting corporation's capital acquisition fund
established pursuant to this section shall also be available to such
off-track betting corporation for the purposes of statutory obligations,
payroll, and expenditures necessary to accept authorized wagers.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, FROM APRIL FIRST, TWO THOUSAND TWENTY-TWO TO MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-THREE, TWENTY-THREE PERCENT OF THE FUNDS, NOT
TO EXCEED TWO AND ONE-HALF MILLION DOLLARS, IN THE CATSKILL OFF-TRACK
BETTING CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED PURSUANT TO
THIS SECTION, AND TWENTY-THREE PERCENT OF THE FUNDS, NOT TO EXCEED FOUR
HUNDRED FORTY THOUSAND DOLLARS, IN THE CAPITAL OFF-TRACK BETTING
CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED PURSUANT TO THIS
SECTION, SHALL BE AVAILABLE TO SUCH OFF-TRACK BETTING CORPORATIONS FOR
S. 8009--C 55 A. 9009--C
THE PURPOSES OF STATUTORY OBLIGATIONS, PAYROLL, AND EXPENDITURES NECES-
SARY TO ACCEPT AUTHORIZED WAGERS.
C. PRIOR TO A CORPORATION BEING ABLE TO UTILIZE THE FUNDS AUTHORIZED
BY PARAGRAPH B OF THIS SUBDIVISION, THE CORPORATION MUST SUBMIT AN
EXPENDITURE PLAN TO THE GAMING COMMISSION FOR REVIEW. SUCH PLAN SHALL
INCLUDE THE CORPORATION'S OUTSTANDING LIABILITIES, PROJECTED REVENUE FOR
THE UPCOMING YEAR, A DETAILED EXPLANATION OF HOW THE FUNDS WILL BE USED,
AND ANY OTHER INFORMATION DETERMINED NECESSARY BY THE COMMISSION. UPON
REVIEW, THE COMMISSION WILL MAKE A DETERMINATION AS TO WHETHER ACCESS TO
THE FUNDS IS NEEDED AND WARRANTED.
3. The Catskill off-track betting corporation and the Capital off-
track betting corporation shall make a report to the governor, speaker
of the assembly, temporary president of the senate and the commission
detailing the actual use of the funds made available in the capital
acquisition fund. Such report shall include, but not be limited to, any
impact on employment levels since utilizing the funds, the status of any
statutory obligations, an accounting of the use of such funds, and any
other information as deemed necessary by the commission. Such report
shall be due no later than the [first day of April two thousand twenty-
two] LAST DAY OF THE FISCAL YEAR IN WHICH THE MONIES WERE SPENT.
§ 2. Section 2 of part LLL of chapter 59 of the laws of 2021 amending
the racing, pari-mutuel wagering and breeding law, relating to the
utilization of funds in the Catskill and Capital regions off-track
betting corporation's capital acquisition funds, is amended to read
as follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed one year after such date].
§ 3. This act shall take effect immediately.
PART EE
Section 1. Paragraph (a) of subdivision 1 of section 1003 of the
racing, pari-mutuel wagering and breeding law, as amended by section 1
of part DD of chapter 59 of the laws of 2021, is amended to read as
follows:
(a) Any racing association or corporation or regional off-track
betting corporation, authorized to conduct pari-mutuel wagering under
this chapter, desiring to display the simulcast of horse races on which
pari-mutuel betting shall be permitted in the manner and subject to the
conditions provided for in this article may apply to the commission for
a license so to do. Applications for licenses shall be in such form as
may be prescribed by the commission and shall contain such information
or other material or evidence as the commission may require. No license
shall be issued by the commission authorizing the simulcast transmission
of thoroughbred races from a track located in Suffolk county. The fee
for such licenses shall be five hundred dollars per simulcast facility
and for account wagering licensees that do not operate either a simul-
cast facility that is open to the public within the state of New York or
a licensed racetrack within the state, twenty thousand dollars per year
payable by the licensee to the commission for deposit into the general
fund. Except as provided in this section, the commission shall not
approve any application to conduct simulcasting into individual or group
residences, homes or other areas for the purposes of or in connection
with pari-mutuel wagering. The commission may approve simulcasting into
residences, homes or other areas to be conducted jointly by one or more
regional off-track betting corporations and one or more of the follow-
S. 8009--C 56 A. 9009--C
ing: a franchised corporation, thoroughbred racing corporation or a
harness racing corporation or association; provided (i) the simulcasting
consists only of those races on which pari-mutuel betting is authorized
by this chapter at one or more simulcast facilities for each of the
contracting off-track betting corporations which shall include wagers
made in accordance with section one thousand fifteen, one thousand
sixteen and one thousand seventeen of this article; provided further
that the contract provisions or other simulcast arrangements for such
simulcast facility shall be no less favorable than those in effect on
January first, two thousand five; (ii) that each off-track betting
corporation having within its geographic boundaries such residences,
homes or other areas technically capable of receiving the simulcast
signal shall be a contracting party; (iii) the distribution of revenues
shall be subject to contractual agreement of the parties except that
statutory payments to non-contracting parties, if any, may not be
reduced; provided, however, that nothing herein to the contrary shall
prevent a track from televising its races on an irregular basis primari-
ly for promotional or marketing purposes as found by the commission. For
purposes of this paragraph, the provisions of section one thousand thir-
teen of this article shall not apply. Any agreement authorizing an
in-home simulcasting experiment commencing prior to May fifteenth, nine-
teen hundred ninety-five, may, and all its terms, be extended until June
thirtieth, two thousand [twenty-two] TWENTY-THREE; provided, however,
that any party to such agreement may elect to terminate such agreement
upon conveying written notice to all other parties of such agreement at
least forty-five days prior to the effective date of the termination,
via registered mail. Any party to an agreement receiving such notice of
an intent to terminate, may request the commission to mediate between
the parties new terms and conditions in a replacement agreement between
the parties as will permit continuation of an in-home experiment until
June thirtieth, two thousand [twenty-two] TWENTY-THREE; and (iv) no
in-home simulcasting in the thoroughbred special betting district shall
occur without the approval of the regional thoroughbred track.
§ 2. Subparagraph (iii) of paragraph d of subdivision 3 of section
1007 of the racing, pari-mutuel wagering and breeding law, as amended by
section 2 of part DD of chapter 59 of the laws of 2021, is amended to
read as follows:
(iii) Of the sums retained by a receiving track located in Westchester
county on races received from a franchised corporation, for the period
commencing January first, two thousand eight and continuing through June
thirtieth, two thousand [twenty-two] TWENTY-THREE, the amount used
exclusively for purses to be awarded at races conducted by such receiv-
ing track shall be computed as follows: of the sums so retained, two and
one-half percent of the total pools. Such amount shall be increased or
decreased in the amount of fifty percent of the difference in total
commissions determined by comparing the total commissions available
after July twenty-first, nineteen hundred ninety-five to the total
commissions that would have been available to such track prior to July
twenty-first, nineteen hundred ninety-five.
§ 3. The opening paragraph of subdivision 1 of section 1014 of the
racing, pari-mutuel wagering and breeding law, as amended by section 3
of part DD of chapter 59 of the laws of 2021, is amended to read as
follows:
The provisions of this section shall govern the simulcasting of races
conducted at thoroughbred tracks located in another state or country on
any day during which a franchised corporation is conducting a race meet-
S. 8009--C 57 A. 9009--C
ing in Saratoga county at Saratoga thoroughbred racetrack until June
thirtieth, two thousand [twenty-two] TWENTY-THREE and on any day regard-
less of whether or not a franchised corporation is conducting a race
meeting in Saratoga county at Saratoga thoroughbred racetrack after June
thirtieth, two thousand [twenty-two] TWENTY-THREE. On any day on which a
franchised corporation has not scheduled a racing program but a
thoroughbred racing corporation located within the state is conducting
racing, each off-track betting corporation branch office and each simul-
casting facility licensed in accordance with section one thousand seven
(that has entered into a written agreement with such facility's repre-
sentative horsemen's organization, as approved by the commission), one
thousand eight, or one thousand nine of this article shall be authorized
to accept wagers and display the live simulcast signal from thoroughbred
tracks located in another state or foreign country subject to the
following provisions:
§ 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering
and breeding law, as amended by section 4 of part DD of chapter 59 of
the laws of 2021, is amended to read as follows:
1. The provisions of this section shall govern the simulcasting of
races conducted at harness tracks located in another state or country
during the period July first, nineteen hundred ninety-four through June
thirtieth, two thousand [twenty-two] TWENTY-THREE. This section shall
supersede all inconsistent provisions of this chapter.
§ 5. The opening paragraph of subdivision 1 of section 1016 of the
racing, pari-mutuel wagering and breeding law, as amended by section 5
of part DD of chapter 59 of the laws of 2021, is amended to read as
follows:
The provisions of this section shall govern the simulcasting of races
conducted at thoroughbred tracks located in another state or country on
any day during which a franchised corporation is not conducting a race
meeting in Saratoga county at Saratoga thoroughbred racetrack until June
thirtieth, two thousand [twenty-two] TWENTY-THREE. Every off-track
betting corporation branch office and every simulcasting facility
licensed in accordance with section one thousand seven that have entered
into a written agreement with such facility's representative horsemen's
organization as approved by the commission, one thousand eight or one
thousand nine of this article shall be authorized to accept wagers and
display the live full-card simulcast signal of thoroughbred tracks
(which may include quarter horse or mixed meetings provided that all
such wagering on such races shall be construed to be thoroughbred races)
located in another state or foreign country, subject to the following
provisions; provided, however, no such written agreement shall be
required of a franchised corporation licensed in accordance with section
one thousand seven of this article:
§ 6. The opening paragraph of section 1018 of the racing, pari-mutuel
wagering and breeding law, as amended by section 6 of part DD of chapter
59 of the laws of 2021, is amended to read as follows:
Notwithstanding any other provision of this chapter, for the period
July twenty-fifth, two thousand one through September eighth, two thou-
sand [twenty-one] TWENTY-TWO, when a franchised corporation is conduct-
ing a race meeting within the state at Saratoga Race Course, every off-
track betting corporation branch office and every simulcasting facility
licensed in accordance with section one thousand seven (that has entered
into a written agreement with such facility's representative horsemen's
organization as approved by the commission), one thousand eight or one
thousand nine of this article shall be authorized to accept wagers and
S. 8009--C 58 A. 9009--C
display the live simulcast signal from thoroughbred tracks located in
another state, provided that such facility shall accept wagers on races
run at all in-state thoroughbred tracks which are conducting racing
programs subject to the following provisions; provided, however, no such
written agreement shall be required of a franchised corporation licensed
in accordance with section one thousand seven of this article.
§ 7. Section 32 of chapter 281 of the laws of 1994, amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
simulcasting, as amended by section 7 of part DD of chapter 59 of the
laws of 2021, is amended to read as follows:
§ 32. This act shall take effect immediately and the pari-mutuel tax
reductions in section six of this act shall expire and be deemed
repealed on July 1, [2022] 2023; provided, however, that nothing
contained herein shall be deemed to affect the application, qualifica-
tion, expiration, or repeal of any provision of law amended by any
section of this act, and such provisions shall be applied or qualified
or shall expire or be deemed repealed in the same manner, to the same
extent and on the same date as the case may be as otherwise provided by
law; provided further, however, that sections twenty-three and twenty-
five of this act shall remain in full force and effect only until May 1,
1997 and at such time shall be deemed to be repealed.
§ 8. Section 54 of chapter 346 of the laws of 1990, amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
simulcasting and the imposition of certain taxes, as amended by section
8 of part DD of chapter 59 of the laws of 2021, is amended to read as
follows:
§ 54. This act shall take effect immediately; provided, however,
sections three through twelve of this act shall take effect on January
1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed-
ing law, as added by section thirty-eight of this act, shall expire and
be deemed repealed on July 1, [2022] 2023; and section eighteen of this
act shall take effect on July 1, 2008 and sections fifty-one and fifty-
two of this act shall take effect as of the same date as chapter 772 of
the laws of 1989 took effect.
§ 9. Paragraph (a) of subdivision 1 of section 238 of the racing,
pari-mutuel wagering and breeding law, as amended by section 9 of part
DD of chapter 59 of the laws of 2021, is amended to read as follows:
(a) The franchised corporation authorized under this chapter to
conduct pari-mutuel betting at a race meeting or races run thereat shall
distribute all sums deposited in any pari-mutuel pool to the holders of
winning tickets therein, provided such tickets are presented for payment
before April first of the year following the year of their purchase,
less an amount that shall be established and retained by such franchised
corporation of between twelve to seventeen percent of the total deposits
in pools resulting from on-track regular bets, and fourteen to twenty-
one percent of the total deposits in pools resulting from on-track
multiple bets and fifteen to twenty-five percent of the total deposits
in pools resulting from on-track exotic bets and fifteen to thirty-six
percent of the total deposits in pools resulting from on-track super
exotic bets, plus the breaks. The retention rate to be established is
subject to the prior approval of the commission.
Such rate may not be changed more than once per calendar quarter to be
effective on the first day of the calendar quarter. "Exotic bets" and
"multiple bets" shall have the meanings set forth in section five
hundred nineteen of this chapter. "Super exotic bets" shall have the
meaning set forth in section three hundred one of this chapter. For
S. 8009--C 59 A. 9009--C
purposes of this section, a "pick six bet" shall mean a single bet or
wager on the outcomes of six races. The breaks are hereby defined as the
odd cents over any multiple of five for payoffs greater than one dollar
five cents but less than five dollars, over any multiple of ten for
payoffs greater than five dollars but less than twenty-five dollars,
over any multiple of twenty-five for payoffs greater than twenty-five
dollars but less than two hundred fifty dollars, or over any multiple of
fifty for payoffs over two hundred fifty dollars. Out of the amount so
retained there shall be paid by such franchised corporation to the
commissioner of taxation and finance, as a reasonable tax by the state
for the privilege of conducting pari-mutuel betting on the races run at
the race meetings held by such franchised corporation, the following
percentages of the total pool for regular and multiple bets five percent
of regular bets and four percent of multiple bets plus twenty percent of
the breaks; for exotic wagers seven and one-half percent plus twenty
percent of the breaks, and for super exotic bets seven and one-half
percent plus fifty percent of the breaks.
For the period April first, two thousand one through December thirty-
first, two thousand [twenty-two] TWENTY-THREE, such tax on all wagers
shall be one and six-tenths percent, plus, in each such period, twenty
percent of the breaks. Payment to the New York state thoroughbred breed-
ing and development fund by such franchised corporation shall be one-
half of one percent of total daily on-track pari-mutuel pools resulting
from regular, multiple and exotic bets and three percent of super exotic
bets and for the period April first, two thousand one through December
thirty-first, two thousand [twenty-two] TWENTY-THREE, such payment shall
be seven-tenths of one percent of regular, multiple and exotic pools.
§ 10. This act shall take effect immediately.
PART FF
Section 1. Section 606 of the tax law is amended by adding a new
subsection (g-4) to read as follows:
(G-4) GEOTHERMAL ENERGY SYSTEMS CREDIT. (1) GENERAL. AN INDIVIDUAL
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE EQUAL TO TWENTY-FIVE PERCENT OF QUALIFIED GEOTHERMAL ENERGY SYSTEM
EXPENDITURES, EXCEPT AS PROVIDED IN SUBPARAGRAPH (D) OF PARAGRAPH TWO OF
THIS SUBSECTION, NOT TO EXCEED FIVE THOUSAND DOLLARS.
(2) QUALIFIED GEOTHERMAL ENERGY SYSTEMS EXPENDITURES. (A) THE TERM
"QUALIFIED GEOTHERMAL ENERGY SYSTEM EXPENDITURES" MEANS EXPENDITURES
FOR:
(I) THE PURCHASE OF GEOTHERMAL ENERGY SYSTEM EQUIPMENT WHICH IS
INSTALLED IN CONNECTION WITH RESIDENTIAL PROPERTY WHICH IS (I) LOCATED
IN THIS STATE AND (II) WHICH IS THE TAXPAYER'S RESIDENCE AT THE TIME THE
GEOTHERMAL ENERGY SYSTEM IS PLACED IN SERVICE; OR
(II) THE LEASE OF GEOTHERMAL ENERGY SYSTEM EQUIPMENT UNDER A WRITTEN
AGREEMENT THAT SPANS AT LEAST TEN YEARS WHERE SUCH EQUIPMENT OWNED BY A
PERSON OTHER THAN THE TAXPAYER IS INSTALLED IN CONNECTION WITH RESIDEN-
TIAL PROPERTY WHICH IS (I) LOCATED IN THIS STATE AND (II) WHICH IS THE
TAXPAYER'S RESIDENCE AT THE TIME THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT
IS PLACED IN SERVICE.
(B) SUCH QUALIFIED EXPENDITURES SHALL INCLUDE EXPENDITURES FOR MATERI-
ALS, LABOR COSTS PROPERLY ALLOCABLE TO ON-SITE PREPARATION, ASSEMBLY AND
ORIGINAL INSTALLATION, ARCHITECTURAL AND ENGINEERING SERVICES, AND
DESIGNS AND PLANS DIRECTLY RELATED TO THE CONSTRUCTION OR INSTALLATION
OF THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT.
S. 8009--C 60 A. 9009--C
(C) SUCH QUALIFIED EXPENDITURES FOR THE PURCHASE OF GEOTHERMAL ENERGY
SYSTEM EQUIPMENT SHALL NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES OR
COSTS THAT HAVE BEEN USED TO QUALIFY FOR ANY OTHER CREDIT.
(D) SUCH QUALIFIED EXPENDITURES FOR THE LEASE OF GEOTHERMAL ENERGY
SYSTEM EQUIPMENT UNDER AN AGREEMENT DESCRIBED IN CLAUSE (II) OF SUBPARA-
GRAPH (A) OF THIS PARAGRAPH SHALL INCLUDE AN AMOUNT EQUAL TO ALL
PAYMENTS MADE DURING THE TAXABLE YEAR UNDER SUCH AGREEMENT. PROVIDED,
HOWEVER, SUCH CREDITS SHALL ONLY BE ALLOWED FOR FOURTEEN YEARS AFTER THE
FIRST TAXABLE YEAR IN WHICH SUCH CREDIT IS ALLOWED. PROVIDED FURTHER,
HOWEVER, THE TWENTY-FIVE PERCENT LIMITATION IN PARAGRAPH ONE OF THIS
SUBSECTION SHALL ONLY APPLY TO THE TOTAL AGGREGATE AMOUNT OF ALL
PAYMENTS TO BE MADE PURSUANT TO AN AGREEMENT REFERENCED IN CLAUSE (II)
OF SUBPARAGRAPH (A) OF THIS PARAGRAPH, AND SHALL NOT APPLY TO INDIVIDUAL
PAYMENTS MADE DURING A TAXABLE YEAR UNDER SUCH AGREEMENT EXCEPT TO THE
EXTENT SUCH LIMITATION ON AN AGGREGATE BASIS HAS BEEN REACHED.
(3) GEOTHERMAL ENERGY SYSTEM EQUIPMENT. THE TERM "GEOTHERMAL ENERGY
SYSTEM EQUIPMENT" SHALL MEAN A SYSTEM WHOSE ORIGINAL USE BEGINS WITH THE
TAXPAYER; WHICH MEETS THE ELIGIBILITY CRITERIA, IF ANY, PRESCRIBED BY
THE DEPARTMENT; AND WHICH IS A GROUND COUPLED SOLAR THERMAL SYSTEM THAT
UTILIZES THE SOLAR THERMAL ENERGY STORED IN THE GROUND OR IN BODIES OF
WATER TO PRODUCE HEAT, AND WHICH IS COMMONLY KNOWN AS OR REFERRED TO AS
A GROUND SOURCE HEAT PUMP SYSTEM.
(4) MULTIPLE TAXPAYERS. WHERE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PURCHASED AND INSTALLED IN A RESIDENCE SHARED BY TWO OR MORE TAXPAYERS,
THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR EACH SUCH
TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENTAGE OF THE TOTAL
EXPENDITURE FOR SUCH GEOTHERMAL ENERGY SYSTEM EQUIPMENT CONTRIBUTED BY
EACH TAXPAYER.
(5) PROPORTIONATE SHARE. WHERE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PURCHASED AND INSTALLED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A
COOPERATIVE HOUSING CORPORATION, A TAXPAYER WHO IS A MEMBER OF THE
CONDOMINIUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE
COOPERATIVE HOUSING CORPORATION MAY FOR THE PURPOSE OF THIS SUBSECTION
CLAIM A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE FOR
THE PURPOSES OF THE CREDIT ATTRIBUTABLE TO THE TAXPAYER'S RESIDENCE.
(6) GRANTS. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE EXPENDITURE
INCURRED IN PURCHASING AND INSTALLING GEOTHERMAL ENERGY SYSTEM EQUIP-
MENT, THE AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT RECEIVED BY THE
TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTALLATION OF SUCH
EQUIPMENT AND WHICH WAS NOT INCLUDED IN THE FEDERAL GROSS INCOME OF THE
TAXPAYER, SHALL NOT BE INCLUDED IN THE AMOUNT OF SUCH EXPENDITURES.
(7) LIMITATION. THE CREDIT SHALL ONLY BE ALLOWED FOR GEOTHERMAL ENERGY
SYSTEM EQUIPMENT INSTALLED IN CONNECTION WITH RESIDENTIAL PROPERTY USED
EXCLUSIVELY FOR PERSONAL PURPOSES BY THE TAXPAYER. NO CREDIT SHALL BE
ALLOWED FOR GEOTHERMAL ENERGY SYSTEM EQUIPMENT INSTALLED IN CONNECTION
WITH RESIDENTIAL PROPERTY THAT IS RENTED AT ANY TIME DURING THE TAXABLE
YEAR FOR WHICH THE CREDIT IS BEING CLAIMED.
(8) WHEN CREDIT ALLOWED. THE CREDIT PROVIDED FOR HEREIN SHALL BE
ALLOWED WITH RESPECT TO THE TAXABLE YEAR IN WHICH THE GEOTHERMAL ENERGY
SYSTEM EQUIPMENT IS PLACED IN SERVICE AND SHALL BE ALLOWED ONLY FOR
GEOTHERMAL ENERGY SYSTEM EQUIPMENT PLACED INTO SERVICE AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-TWO. HOWEVER, THE TAXPAYER SHALL BE ALLOWED A
CREDIT FOR ONLY ONE SUCH SYSTEM IN ANY TAXABLE YEAR.
(9) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
S. 8009--C 61 A. 9009--C
CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
§ 2. This act shall take effect immediately and shall apply to taxable
years commencing on and after January 1, 2022.
PART GG
Section 1. Subparagraph (B) of paragraph 1 of subdivision (a) of
section 1115 of the tax law, as amended by section 1 of part SS of chap-
ter 59 of the laws of 2021, is amended to read as follows:
(B) Until May thirty first, two thousand [twenty-two] TWENTY-THREE,
the food and drink excluded from the exemption provided by clauses (i),
(ii) and (iii) of subparagraph (A) of this paragraph, and bottled water,
shall be exempt under this subparagraph when sold for one dollar and
fifty cents or less through any vending machine that accepts coin or
currency only or when sold for two dollars or less through any vending
machine that accepts any form of payment other than coin or currency,
whether or not it also accepts coin or currency.
§ 2. This act shall take effect immediately.
PART HH
Section 1. Article 4 of the real property tax law is amended by adding
a new title 6 to read as follows:
TITLE 6
CHILDCARE CENTER TAX ABATEMENT FOR CERTAIN PROPERTIES IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE
SECTION 499-AAAAA. DEFINITIONS.
499-BBBBB. REAL PROPERTY TAX ABATEMENT.
499-CCCCC. APPLICATION FOR TAX ABATEMENT.
499-DDDDD. CONTINUING REQUIREMENTS.
499-EEEEE. REVOCATION OF TAX ABATEMENT.
499-FFFFF. ENFORCEMENT AND ADMINISTRATION.
§ 499-AAAAA. DEFINITIONS. WHEN USED IN THIS TITLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ABATEMENT PERIOD" MEANS THE TAX YEAR OR TAX YEARS IN WHICH THE
ABATEMENT IS APPLIED BY THE DEPARTMENT OF FINANCE TO THE REAL PROPERTY
TAX LIABILITY OF AN ELIGIBLE BUILDING, PROVIDED THAT SUCH ABATEMENT MAY
NOT BE APPLIED TO THE REAL PROPERTY TAX LIABILITY OF SUCH BUILDING
DURING MORE THAN FIVE TAX YEARS.
2. "APPLICANT" MEANS AN OWNER WHO FILES AN APPLICATION FOR TAX ABATE-
MENT.
3. "APPLICATION FOR TAX ABATEMENT" MEANS AN APPLICATION FOR A CHILD-
CARE CENTER TAX ABATEMENT PURSUANT TO SECTION FOUR HUNDRED NINETY-NINE-
CCCCC OF THIS TITLE.
4. "CHILDCARE CENTER" MEANS A CHILDCARE PROGRAM FOR WHICH A PERMIT TO
OPERATE SUCH PROGRAM HAS BEEN ISSUED BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE PURSUANT TO THE HEALTH CODE OF THE CITY.
5. "CHILDCARE DESERT" MEANS A CENSUS TRACT IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE WHERE, AT THE TIME OF AN APPLICATION FOR
TAX ABATEMENT, THERE ARE THREE OR MORE CHILDREN UNDER FIVE YEARS OF AGE
FOR EACH AVAILABLE CHILDCARE SLOT, OR WHERE THERE ARE NO AVAILABLE
CHILDCARE SLOTS, AS OF THE MOST RECENTLY PUBLISHED DETERMINATIONS BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
6. "CITY" MEANS A CITY WITH A POPULATION OF ONE MILLION OR MORE.
S. 8009--C 62 A. 9009--C
7. "COST-REASONABLE" MEANS HAVING A COST THAT, IN ITS NATURE AND
AMOUNT, DOES NOT EXCEED THAT WHICH WOULD BE INCURRED BY A PRUDENT PERSON
UNDER THE CIRCUMSTANCES PREVAILING AT THE TIME THE DECISION WAS MADE TO
INCUR THE COST.
8. "DEPARTMENT OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
9. "DEPARTMENT OF HEALTH AND MENTAL HYGIENE" MEANS THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE OF A CITY HAVING A POPULATION OF ONE MILLION
OR MORE.
10. "DESIGNATED AGENCY" MEANS AN AGENCY OF A CITY HAVING A POPULATION
OF ONE MILLION OR MORE THAT IS DESIGNATED BY THE MAYOR OF SUCH CITY TO
EXERCISE THE FUNCTIONS, POWERS AND DUTIES OF A DESIGNATED AGENCY PURSU-
ANT TO THIS TITLE.
11. "ELIGIBLE BUILDING" MEANS A CLASS ONE, CLASS TWO OR CLASS FOUR
PROPERTY, AS SUCH CLASSES OF PROPERTY ARE DEFINED IN SUBDIVISION ONE OF
SECTION EIGHTEEN HUNDRED TWO OF THIS CHAPTER, LOCATED WITHIN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, PROVIDED THAT, FOR ANY SUCH
PROPERTY HELD IN THE CONDOMINIUM FORM OF OWNERSHIP, "ELIGIBLE BUILDING"
SHALL MEAN A TAX LOT IN SUCH PROPERTY.
12. "OWNER" MEANS THE OWNER OF AN ELIGIBLE BUILDING, OR WITH RESPECT
TO AN ELIGIBLE BUILDING HELD IN THE COOPERATIVE FORM OF OWNERSHIP, THE
BOARD OF DIRECTORS OF A COOPERATIVE APARTMENT CORPORATION, OR, WITH
RESPECT TO AN ELIGIBLE BUILDING HELD IN THE CONDOMINIUM FORM OF OWNER-
SHIP, AN OWNER OF A TAX LOT IN SUCH BUILDING OR THE BOARD OF MANAGERS OF
SUCH BUILDING.
13. "PREMISES" MEANS THE LOCATION OF A CHILDCARE CENTER AS SPECIFIED
ON THE PERMIT FOR THE OPERATION OF SUCH CENTER ISSUED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE PURSUANT TO THE HEALTH CODE OF THE CITY.
§ 499-BBBBB. REAL PROPERTY TAX ABATEMENT. 1. THE DEPARTMENT OF FINANCE
SHALL PROVIDE AN ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO THIS
SECTION TO AN ELIGIBLE BUILDING IN WHICH CONSTRUCTION, CONVERSION,
ALTERATION OR IMPROVEMENT THAT IS COMPLETED ON OR AFTER APRIL FIRST, TWO
THOUSAND TWENTY-TWO HAS RESULTED IN THE CREATION OF A PREMISES OF A
CHILDCARE CENTER OR IN AN INCREASE IN THE MAXIMUM NUMBER OF CHILDREN
ALLOWED ON THE PREMISES OF AN EXISTING CHILDCARE CENTER WHEN SUCH CENTER
IS IN OPERATION, AS SUCH NUMBER IS SPECIFIED IN THE PERMIT ISSUED BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO OPERATE SUCH CENTER. THE
DEPARTMENT OF FINANCE MAY ONLY GRANT ONE SUCH ABATEMENT TO ANY ELIGIBLE
BUILDING.
2. (A) BEGINNING IN THE TAX YEAR COMMENCING ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY-THREE, THE AMOUNT OF SUCH TAX ABATEMENT PROVIDED TO
AN ELIGIBLE BUILDING DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
BE EQUAL TO THE COSTS INCURRED IN THE CONSTRUCTION, CONVERSION, ALTER-
ATION OR IMPROVEMENT THAT HAS RESULTED IN THE CREATION OF A PREMISES OF
A CHILDCARE CENTER OR IN AN INCREASE IN THE MAXIMUM NUMBER OF CHILDREN
ALLOWED ON THE PREMISES OF AN EXISTING CHILDCARE CENTER, PROVIDED THAT
SUCH COSTS ARE CERTIFIED IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION
TWO OF SECTION FOUR HUNDRED NINETY-NINE-CCCCC OF THIS TITLE, AND
PROVIDED FURTHER THAT, DURING THE ABATEMENT PERIOD, THE AMOUNT OF SUCH
ABATEMENT SHALL NOT EXCEED THIRTY-FIVE DOLLARS FOR EACH SQUARE FOOT OF
THE PREMISES, NOR EXCEED ONE HUNDRED THOUSAND DOLLARS.
(I) FOR ANY TAX YEAR, SUCH ABATEMENT SHALL NOT EXCEED SEVEN DOLLARS
FOR EACH SQUARE FOOT OF THE PREMISES, PROVIDED THAT SUCH AMOUNT MAY BE
REDUCED AS A RESULT OF AN ALLOCATION OF AVAILABLE FUNDS FOR SUCH ABATE-
MENT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION; AND PROVIDED,
FURTHER, THAT THE AMOUNT OF SUCH TAX ABATEMENT IN ANY TAX YEAR SHALL NOT
S. 8009--C 63 A. 9009--C
EXCEED THE LESSER OF (A) TWENTY THOUSAND DOLLARS OR (B) THE REAL PROPER-
TY TAX LIABILITY FOR THE ELIGIBLE BUILDING IN THE TAX YEAR IN WHICH SUCH
TAX ABATEMENT IS TAKEN.
(II) TO THE EXTENT THE AMOUNT OF SUCH TAX ABATEMENT EXCEEDS THE LESSER
OF (A) TWENTY THOUSAND DOLLARS OR (B) THE REAL PROPERTY TAX LIABILITY OF
THE ELIGIBLE BUILDING IN ANY TAX YEAR, ANY AMOUNT OF SUCH TAX ABATEMENT
THAT REMAINS MAY BE APPLIED TO THE REAL PROPERTY TAX LIABILITY OF SUCH
BUILDING IN SUCCEEDING TAX YEARS, PROVIDED THAT SUCH ABATEMENT MUST BE
APPLIED TO THE REAL PROPERTY TAX LIABILITY OF SUCH BUILDING IN ONE OR
MORE OF THE FOUR TAX YEARS SUCCEEDING THE TAX YEAR IN WHICH SUCH TAX
ABATEMENT WAS INITIALLY TAKEN.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AN ENHANCED TAX
ABATEMENT SHALL BE PROVIDED TO AN ELIGIBLE BUILDING DESCRIBED IN SUBDI-
VISION ONE OF THIS SECTION THAT IS LOCATED WITHIN A CHILDCARE DESERT AS
DESCRIBED IN THIS TITLE AND IN ANY RULES PROMULGATED HEREUNDER. BEGIN-
NING IN THE TAX YEAR COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
TWENTY-THREE, THE AMOUNT OF SUCH ENHANCED TAX ABATEMENT SHALL BE EQUAL
TO THE COSTS INCURRED IN THE CONSTRUCTION, CONVERSION, ALTERATION OR
IMPROVEMENT THAT HAS RESULTED IN THE CREATION OF A PREMISES OF A CHILD-
CARE CENTER OR IN AN INCREASE IN THE MAXIMUM NUMBER OF CHILDREN ALLOWED
ON THE PREMISES OF AN EXISTING CHILDCARE CENTER, PROVIDED THAT SUCH
COSTS ARE CERTIFIED IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO
OF SECTION FOUR HUNDRED NINETY-NINE-CCCCC OF THIS TITLE, AND PROVIDED
FURTHER THAT, DURING THE ABATEMENT PERIOD, THE AMOUNT OF SUCH ABATEMENT
SHALL NOT EXCEED SEVENTY-FIVE DOLLARS FOR EACH SQUARE FOOT OF THE PREM-
ISES NOR EXCEED TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS.
(I) FOR ANY TAX YEAR, SUCH ABATEMENT SHALL NOT EXCEED FIFTEEN DOLLARS
FOR EACH SQUARE FOOT OF THE PREMISES, PROVIDED THAT SUCH AMOUNT MAY BE
REDUCED AS A RESULT OF AN ALLOCATION OF AVAILABLE FUNDS FOR SUCH ABATE-
MENT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION; AND PROVIDED FURTHER
THAT THE AMOUNT OF SUCH ENHANCED TAX ABATEMENT IN ANY TAX YEAR SHALL NOT
EXCEED THE LESSER OF (A) FORTY-FIVE THOUSAND DOLLARS OR (B) THE REAL
PROPERTY TAX LIABILITY FOR THE ELIGIBLE BUILDING IN THE TAX YEAR IN
WHICH SUCH TAX ABATEMENT IS TAKEN.
(II) TO THE EXTENT THE AMOUNT OF SUCH ENHANCED TAX ABATEMENT EXCEEDS
THE LESSER OF (A) FORTY-FIVE THOUSAND DOLLARS OR (B) THE REAL PROPERTY
TAX LIABILITY OF THE ELIGIBLE BUILDING IN ANY TAX YEAR, ANY AMOUNT OF
SUCH TAX ABATEMENT THAT REMAINS MAY BE APPLIED TO THE REAL PROPERTY TAX
LIABILITY OF SUCH BUILDING IN SUCCEEDING TAX YEARS, PROVIDED THAT SUCH
ABATEMENT MUST BE APPLIED TO THE REAL PROPERTY TAX LIABILITY OF SUCH
BUILDING IN ONE OR MORE OF THE FOUR TAX YEARS SUCCEEDING THE TAX YEAR IN
WHICH THE TAX ABATEMENT WAS INITIALLY TAKEN.
(C) NOTWITHSTANDING PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE
AGGREGATE AMOUNT OF TAX ABATEMENTS AUTHORIZED PURSUANT TO THIS SECTION
FOR ANY TAX YEAR SHALL BE A MAXIMUM OF TWENTY-FIVE MILLION DOLLARS. NO
TAX ABATEMENTS SHALL BE AUTHORIZED PURSUANT TO THIS SECTION FOR ANY TAX
YEAR COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND THIRTY.
(D) SUCH AGGREGATE AMOUNT OF TAX ABATEMENTS, INCLUDING THE TAX ABATE-
MENT DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION AND THE ENHANCED TAX
ABATEMENT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SHALL BE ALLO-
CATED BY THE DEPARTMENT OF FINANCE ON A PRO RATA BASIS AMONG APPLICANTS
WHOSE APPLICATIONS HAVE BEEN APPROVED BY THE DESIGNATED AGENCY. IF SUCH
ALLOCATION IS NOT MADE PRIOR TO THE DATE THAT THE REAL PROPERTY TAX
BILL, STATEMENT OF ACCOUNT OR OTHER SIMILAR BILL OR STATEMENT IS
PREPARED, THE DEPARTMENT OF FINANCE SHALL, AS NECESSARY, AFTER SUCH
ALLOCATION IS MADE, SUBMIT AN AMENDED REAL PROPERTY TAX BILL, STATEMENT
S. 8009--C 64 A. 9009--C
OF ACCOUNT OR OTHER SIMILAR BILL OR STATEMENT TO ANY APPLICANT WHOSE
ABATEMENT REQUIRES ADJUSTMENT TO REFLECT SUCH ALLOCATION. NOTHING IN
THIS PARAGRAPH SHALL BE DEEMED TO AFFECT THE OBLIGATION OF ANY TAXPAYER
UNDER APPLICABLE LAW WITH RESPECT TO THE PAYMENT OF ANY INSTALLMENT OF
REAL PROPERTY TAX FOR THE FISCAL YEAR AS TO WHICH SUCH ALLOCATION IS
MADE, WHICH WAS DUE AND PAYABLE PRIOR TO THE DATE SUCH AMENDED REAL
PROPERTY TAX BILLS ARE SENT, AND THE DEPARTMENT OF FINANCE SHALL BE
AUTHORIZED TO DETERMINE THE DATE ON WHICH ANY SUCH AMENDED BILLS BE SENT
AND THE INSTALLMENTS OF REAL PROPERTY TAX BE REFLECTED THEREIN.
(E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY ABATEMENT GRANTED TO
AN ELIGIBLE BUILDING PURSUANT TO THIS SECTION SHALL BE IN ADDITION TO
ANY OTHER ABATEMENT OR EXEMPTION GRANTED TO SUCH BUILDING, PROVIDED THAT
ANY ABATEMENT GRANTED UNDER THIS SECTION SHALL BE APPLIED AFTER ANY
OTHER ABATEMENT OR EXEMPTION GRANTED TO SUCH BUILDING, AND PROVIDED
FURTHER THAT THE APPLICATION OF THIS ABATEMENT AFTER ANY OTHER SUCH
EXEMPTION OR ABATEMENT SHALL NOT EXCEED THE REAL PROPERTY TAX LIABILITY
DUE ON SUCH ELIGIBLE PROPERTY.
3. SUCH ABATEMENT SHALL COMMENCE ON THE FIRST OF JULY FOLLOWING THE
APPROVAL OF AN APPLICATION FOR ABATEMENT BY THE DESIGNATED AGENCY.
4. IF, AS A RESULT OF APPLICATION TO THE TAX COMMISSION OR A COURT
ORDER OR ACTION BY THE DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED
VALUE OF THE ELIGIBLE BUILDING FOR THE FISCAL YEAR IN WHICH THE TAX
ABATEMENT IS TAKEN IS REDUCED AFTER THE ASSESSMENT ROLL BECOMES FINAL,
THE DEPARTMENT OF FINANCE SHALL RECALCULATE SUCH ABATEMENT SO THAT THE
ABATEMENT GRANTED SHALL NOT EXCEED THE ANNUAL TAX LIABILITY OF SUCH
BUILDING AS SO REDUCED. THE AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE
INITIAL ABATEMENT GRANTED BY THE DEPARTMENT AND THE ABATEMENT AS SO
RECALCULATED SHALL BE DEDUCTED FROM ANY REFUND OTHERWISE PAYABLE OR
REMISSION OTHERWISE DUE AS A RESULT OF SUCH REDUCTION IN BILLABLE
ASSESSED VALUE.
§ 499-CCCCC. APPLICATION FOR TAX ABATEMENT. 1. TO OBTAIN A TAX ABATE-
MENT AUTHORIZED BY THIS TITLE, AN APPLICATION FOR TAX ABATEMENT SHALL BE
FILED WITH A DESIGNATED AGENCY NO LATER THAN THE FIFTEENTH OF MARCH
BEFORE THE TAX YEAR, COMMENCING ON THE FIRST OF JULY, FOR WHICH THE TAX
ABATEMENT AUTHORIZED BY THIS TITLE IS SOUGHT, PROVIDED, HOWEVER, THAT
SUCH APPLICATION FOR TAX ABATEMENT MAY NOT BE FILED LATER THAN MARCH
FIFTEENTH, TWO THOUSAND TWENTY-FIVE.
2. SUCH APPLICATION SHALL CONTAIN THE FOLLOWING:
(A) THE NAME, ADDRESS AND ELECTRONIC MAIL ADDRESS OF THE APPLICANT AND
THE LOCATION OF THE ELIGIBLE BUILDING.
(B) PROOF THAT ALL REQUIRED PERMITS AND OTHER APPROVALS, AS FURTHER
DESIGNATED BY RULE, TO CONSTRUCT, CONVERT, ALTER OR IMPROVE THE PREMISES
OF THE CHILDCARE CENTER IN THE ELIGIBLE BUILDING DESCRIBED IN SUBDIVI-
SION ONE OF SECTION FOUR HUNDRED NINETY-NINE-BBBBB OF THIS TITLE WERE
OBTAINED.
(C) PROOF THAT THE APPLICANT HAS ENTERED INTO A LEASE OR OTHER AGREE-
MENT WITH A PERSON TO OPERATE A CHILDCARE CENTER IN THE ELIGIBLE BUILD-
ING DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED NINETY-NINE-
BBBBB OF THIS TITLE, OR A COPY OF THE NEW OR AMENDED PERMIT ISSUED TO
SUCH CHILDCARE CENTER BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR
SUCH OPERATION.
(D) DETERMINATIONS THAT HAVE BEEN CERTIFIED, IN A FORM PRESCRIBED BY
THE DESIGNATED AGENCY, BY AN ENGINEER, ARCHITECT, OR CERTIFIED PUBLIC
ACCOUNTANT, LICENSED AND REGISTERED PURSUANT TO THE EDUCATION LAW, OR BY
ANOTHER CERTIFIED OR LICENSED PROFESSIONAL IN THE FIELD OF BUSINESS OR
DESIGN, AS FURTHER DESIGNATED BY RULE, AS FOLLOWS:
S. 8009--C 65 A. 9009--C
(I) THE AREA, IN SQUARE FEET, OF THE PREMISES OF THE CHILDCARE CENTER
IN THE ELIGIBLE BUILDING DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED NINETY-NINE-BBBBB OF THIS TITLE;
(II) THE COSTS INCURRED IN THE CONSTRUCTION, CONVERSION, ALTERATION OR
IMPROVEMENT THAT HAS RESULTED IN THE CREATION OF A PREMISES OF A CHILD-
CARE CENTER IN SUCH BUILDING; OR, FOR CONSTRUCTION, CONVERSION, ALTER-
ATION OR IMPROVEMENT RESULTING IN AN INCREASE IN THE MAXIMUM NUMBER OF
CHILDREN ALLOWED ON THE PREMISES OF AN EXISTING CHILDCARE CENTER IN SUCH
BUILDING, SUCH COSTS THAT WERE NECESSARY TO INCREASE THE MAXIMUM NUMBER
OF CHILDREN ALLOWED ON SUCH PREMISES; AND
(III) THE REASONABLENESS OF THE COSTS TO CONSTRUCT, CONVERT, ALTER OR
IMPROVE THE PREMISES OF THE CHILDCARE CENTER IN THE ELIGIBLE BUILDING
DESCRIBED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED NINETY-NINE-BBBBB,
WHICH REQUIRES FINDING THAT SUCH COSTS WERE COST-REASONABLE AND COMPARA-
BLE TO THE COST OF CONSTRUCTING, CONVERTING, ALTERING OR IMPROVING A
PREMISES OF A CHILDCARE CENTER PURSUANT TO THE HEALTH CODE OF THE CITY
IN A SIMILAR ELIGIBLE BUILDING.
(E) ANY OTHER INFORMATION OR CERTIFICATIONS REQUIRED BY A DESIGNATED
AGENCY PURSUANT TO THIS TITLE AND THE RULES PROMULGATED HEREUNDER.
3. AN APPLICATION FOR TAX ABATEMENT SHALL BE IN ANY FORMAT PRESCRIBED
BY A DESIGNATED AGENCY, INCLUDING ELECTRONIC FORM.
4. AN APPLICATION FOR TAX ABATEMENT SHALL BE APPROVED BY A DESIGNATED
AGENCY UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED PROOF ACCEPTA-
BLE TO SUCH AGENCY THAT THE REQUIREMENTS FOR OBTAINING SUCH TAX ABATE-
MENT HAVE BEEN SATISFIED. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT
TO SHOW BY CLEAR AND CONVINCING EVIDENCE THAT THE REQUIREMENTS FOR
GRANTING SUCH TAX ABATEMENT HAVE BEEN SATISFIED.
5. UPON RECEIPT OF NOTIFICATION FROM A DESIGNATED AGENCY THAT AN
APPLICATION FOR TAX ABATEMENT HAS BEEN APPROVED, THE DEPARTMENT OF
FINANCE SHALL APPLY SUCH TAX ABATEMENT TO THE REAL PROPERTY TAX LIABIL-
ITY OF THE ELIGIBLE BUILDING FOR THE TAX YEAR FOR WHICH THE ABATEMENT
WAS SOUGHT, PROVIDED THAT THERE ARE NO OUTSTANDING REAL PROPERTY TAXES,
WATER AND SEWER CHARGES, PAYMENTS IN LIEU OF TAXES OR OTHER MUNICIPAL
CHARGES WITH RESPECT TO THE ELIGIBLE BUILDING.
§ 499-DDDDD. CONTINUING REQUIREMENTS. GRANTING OF THE TAX ABATEMENT
AUTHORIZED BY THIS TITLE REQUIRES THAT AN OWNER WHOSE APPLICATION FOR
TAX ABATEMENT HAS BEEN APPROVED:
1. COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW, INCLUDING BUT NOT
LIMITED TO, THE LOCAL HEALTH, BUILDING AND FIRE CODES; AND
2. DOES NOT HAVE REAL PROPERTY TAXES, WATER AND SEWER CHARGES,
PAYMENTS IN LIEU OF TAXES OR OTHER MUNICIPAL CHARGES WITH RESPECT TO AN
ELIGIBLE BUILDING DUE AND OWING DURING THE ABATEMENT PERIOD FOR A PERIOD
OF SIX MONTHS OR MORE.
§ 499-EEEEE. REVOCATION OF TAX ABATEMENT. 1. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT OF FINANCE SHALL
REVOKE, IN WHOLE OR IN PART, ANY TAX ABATEMENT GRANTED PURSUANT TO THIS
TITLE WHENEVER A DESIGNATED AGENCY HAS DETERMINED AND NOTIFIED SUCH
DEPARTMENT THAT:
(A) THE CHILDCARE CENTER IN THE ELIGIBLE BUILDING OF THE OWNER WHOSE
APPLICATION FOR TAX ABATEMENT HAS BEEN APPROVED HAS CEASED OPERATION AS
A CHILDCARE CENTER FOR A PERIOD EXCEEDING ONE HUNDRED EIGHTY DAYS OF THE
ABATEMENT PERIOD, EXCEPT WHEN SUCH CHILDCARE CENTER CEASES OPERATION DUE
TO AN ACT OR EVENT BEYOND THE CONTROL AND WITHOUT ANY FAULT OR NEGLI-
GENCE OF THE CHILDCARE CENTER OR OF THE OWNER OF THE ELIGIBLE BUILDING
IN WHICH SUCH CHILDCARE CENTER OPERATES, WHICH MAY INCLUDE, BUT IS NOT
LIMITED TO, FIRE, FLOOD, EARTHQUAKE, STORM OR OTHER NATURAL DISASTER,
S. 8009--C 66 A. 9009--C
CIVIL COMMOTION, WAR, TERRORISM, RIOT, AND LABOR DISPUTES NOT BROUGHT
ABOUT BY ANY ACT OR OMISSION OF SUCH CHILDCARE CENTER OR SUCH OWNER; OR
(B) AN APPLICATION, CERTIFICATION, REPORT OR OTHER DOCUMENT SUBMITTED
BY THE OWNER WHOSE APPLICATION FOR TAX ABATEMENT HAS BEEN APPROVED
CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATERIAL FACT OR OMITS
TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENT
THEREIN NOT FALSE OR MISLEADING.
2. THE DEPARTMENT OF FINANCE MAY REVOKE, IN WHOLE OR IN PART, ANY TAX
ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER IT HAS DETERMINED THAT
AN OWNER WHOSE APPLICATION FOR TAX ABATEMENT HAS BEEN APPROVED HAS
OUTSTANDING REAL PROPERTY TAXES, WATER AND SEWER CHARGES, PAYMENTS IN
LIEU OF TAXES OR OTHER MUNICIPAL CHARGES THAT HAVE BEEN DUE AND OWING
DURING THE ABATEMENT PERIOD FOR A PERIOD OF SIX MONTHS OR MORE.
3. UPON A DETERMINATION BY A DESIGNATED AGENCY, AFTER NOTICE AND AN
OPPORTUNITY TO BE HEARD, THAT THE CHILDCARE CENTER IN THE ELIGIBLE
BUILDING OF THE OWNER WHOSE APPLICATION FOR TAX ABATEMENT HAS BEEN
APPROVED HAS CEASED OPERATION AS A CHILDCARE CENTER FOR A PERIOD EXCEED-
ING ONE HUNDRED EIGHTY DAYS OF THE ABATEMENT PERIOD, SUCH AGENCY SHALL
NOTIFY THE DEPARTMENT OF FINANCE OF SUCH DETERMINATION NO LATER THAN THE
NINETIETH DAY AFTER SUCH DETERMINATION WAS REACHED.
4. AN OWNER WHOSE APPLICATION FOR TAX ABATEMENT HAS BEEN APPROVED, AND
FOR WHOM SUCH TAX ABATEMENT HAS BEEN REVOKED DUE TO A FALSE OR MISLEAD-
ING STATEMENT, OR AN OMISSION, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION, SHALL PAY, WITH INTEREST, SUCH PART OF ANY TAX
ABATEMENT RECEIVED PURSUANT TO THIS TITLE THAT REPRESENTS THE PERIOD OF
NON-COMPLIANCE AS DETERMINED BY THE DESIGNATED AGENCY OR THE DEPARTMENT
OF FINANCE, AS THE CASE MAY BE.
§ 499-FFFFF. ENFORCEMENT AND ADMINISTRATION. 1. THE DEPARTMENT OF
FINANCE SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS, POWERS AND
DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN ACCORDANCE WITH THIS
TITLE:
(A) TO APPLY THE TAX ABATEMENT AUTHORIZED BY THIS TITLE TO THE REAL
PROPERTY TAX LIABILITY OF AN ELIGIBLE BUILDING;
(B) TO REVOKE ALL OR PART OF ANY SUCH TAX ABATEMENT;
(C) TO PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS TITLE,
INCLUDING, BUT NOT LIMITED TO, REQUIRING, NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF LAW, THAT ANY SUBMISSION BE MADE IN ELECTRONIC FORM;
AND
(D) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
2. A DESIGNATED AGENCY SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS,
POWERS AND DUTIES THAT HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE
FOLLOWING FUNCTIONS, POWERS AND DUTIES TO BE EXERCISED IN ACCORDANCE
WITH THIS TITLE:
(A) TO ACCEPT, REVIEW, APPROVE AND DENY APPLICATIONS FOR TAX ABATE-
MENT;
(B) TO PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS TITLE,
INCLUDING, BUT NOT LIMITED TO, REQUIRING, NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF LAW, THAT ANY SUBMISSION BE MADE IN ELECTRONIC FORM;
(C) TO MAKE THE DETERMINATIONS PROVIDED FOR IN THIS TITLE; AND
(D) ANY OTHER FUNCTION, POWER OR DUTY NECESSARILY IMPLIED BY THIS
TITLE.
3. IF A DESIGNATED AGENCY DETERMINES THAT AN ARCHITECT, ENGINEER,
CERTIFIED PUBLIC ACCOUNTANT, OR OTHER CERTIFIED OR LICENSED PROFESSIONAL
IN THE FIELD OF BUSINESS OR DESIGN WHOM SUCH AGENCY DESIGNATES BY RULE,
S. 8009--C 67 A. 9009--C
IN MAKING ANY CERTIFICATION UNDER THIS TITLE OR ANY RULE PROMULGATED
HEREUNDER, ENGAGED IN PROFESSIONAL MISCONDUCT, SUCH AGENCY SHALL SO
INFORM THE EDUCATION DEPARTMENT OR OTHER APPROPRIATE CERTIFYING OR
LICENSING AUTHORITY.
§ 2. This act shall take effect immediately and shall apply to tax
years beginning on and after July 1, 2023.
PART II
Section 1. The administrative code of the city of New York is amended
by adding a new section 11-144 to read as follows:
§ 11-144 CHILD CARE CREDIT AGAINST CERTAIN BUSINESS INCOME TAXES. A.
DEFINITIONS. FOR PURPOSES OF THIS SECTION:
1. CHILD CARE PROGRAM. THE TERM "CHILD CARE PROGRAM" MEANS A CHILD
CARE PROGRAM FOR WHICH A PERMIT TO OPERATE SUCH PROGRAM HAS BEEN ISSUED
BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE PURSUANT TO ARTICLE
FORTY-SEVEN OF THE HEALTH CODE.
2. CHILD CARE RATE. THE TERM "CHILD CARE RATE" MEANS THE WEEKLY CHILD
CARE SUBSIDY MARKET RATES, BASED ON THE SIXTY-NINTH PERCENTILE OF THE
2017-18 NEW YORK STATE CHILD CARE MARKET RATE SURVEY, FOR INFANT AND
TODDLER CARE PROVIDED BY A PERMITTED DAY CARE CENTER IN COUNTY CLUSTER
FIVE, AS REFLECTED IN THE 2019 CHILD CARE MARKET RATE SURVEY REPORT
PUBLISHED BY THE NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES
IN COMPLIANCE WITH SECTION 98.45 OF TITLE FORTY-FIVE OF THE CODE OF
FEDERAL REGULATIONS, PROVIDED THAT THE DEPARTMENT OF FINANCE MAY, BY
RULE, REVISE SUCH RATES BASED ON SUBSEQUENT EDITIONS OF THE CHILD CARE
MARKET RATE SURVEY REPORT, AS PUBLISHED BY SUCH OFFICE, OR ANY OTHER
SIMILAR REPORT PUBLISHED BY SUCH OFFICE IN COMPLIANCE WITH SUCH SECTION.
3. CHILD CARE SEATS. THE TERM "CHILD CARE SEATS" MEANS THE MAXIMUM
NUMBER OF CHILDREN TO BE ALLOWED ON THE PREMISES OF A CHILD CARE PROGRAM
AT ANY TIME THAT SUCH PROGRAM IS IN OPERATION AS SPECIFIED ON THE PERMIT
ISSUED FOR SUCH PROGRAM BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
4. CHILD CARE SEATS THAT ARE OCCUPIED. THE TERM "CHILD CARE SEATS THAT
ARE OCCUPIED" MEANS, FOR EACH SERVICE YEAR IN WHICH A CHILD CARE PROGRAM
IS IN OPERATION, THE AVERAGE DAILY NUMBER OF CHILDREN IN ATTENDANCE ON
THE PREMISES OF SUCH CHILD CARE PROGRAM.
5. CREATES CHILD CARE. THE TERM "CREATES CHILD CARE" MEANS THE MAKING
AVAILABLE OF CHILD CARE SEATS IN A CHILD CARE PROGRAM BY A TAXPAYER,
DIRECTLY OR THROUGH A THIRD PARTY, FOR EMPLOYEES OF SUCH TAXPAYER, WHERE
SUCH CHILD CARE PROGRAM WAS NOT AVAILABLE PRIOR TO APRIL FIRST, TWO
THOUSAND TWENTY-TWO, PROVIDED THAT THE COSTS IMPOSED ON SUCH EMPLOYEES
FOR SUCH CHILD CARE PROGRAM DO NOT EXCEED FORTY PERCENT OF THE CHILD
CARE RATE.
6. EXPANDS CHILD CARE. THE TERM "EXPANDS CHILD CARE" MEANS THE
INCREASE IN THE NUMBER OF CHILD CARE SEATS IN A CHILD CARE PROGRAM MADE
AVAILABLE BY A TAXPAYER, DIRECTLY OR THROUGH A THIRD PARTY, FOR EMPLOY-
EES OF SUCH TAXPAYER, PROVIDED THAT SUCH INCREASE REQUIRES A NEW OR
AMENDED PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
PURSUANT TO ARTICLE FORTY-SEVEN OF THE HEALTH CODE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-TWO, AND, PROVIDED, FURTHER, THAT THE COSTS
IMPOSED ON SUCH EMPLOYEES FOR SUCH CHILD CARE PROGRAM DO NOT EXCEED
FORTY PERCENT OF THE CHILD CARE RATE.
7. SERVICE YEAR. THE TERM "SERVICE YEAR" MEANS THE TWELVE-MONTH PERIOD
COMMENCING ON OCTOBER FIRST AND ENDING ON SEPTEMBER THIRTIETH IN THE
SUBSEQUENT CALENDAR YEAR.
S. 8009--C 68 A. 9009--C
B. CREDIT ALLOWED. A TAXPAYER THAT CREATES CHILD CARE OR EXPANDS CHILD
CARE SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY CHAPTER FIVE,
OR BY SUBCHAPTER TWO OR THREE-A OF CHAPTER SIX, OF THIS TITLE TO BE
CREDITED OR REFUNDED, WITHOUT INTEREST, IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION (Q) OF SECTION 11-503, SUBDIVISION TWENTY-
THREE OF SECTION 11-604 AND SUBDIVISION TWENTY-THREE OF SECTION 11-654
OF THIS TITLE. THE AMOUNT OF SUCH CREDIT SHALL BE, FOR THE PORTION OF
THE SERVICE YEAR IN WHICH THE CHILD CARE PROGRAM WAS IN OPERATION, THE
SUM OF: (I) THE PRODUCT OF THE NUMBER OF INFANT CHILD CARE SEATS THAT
HAVE BEEN CREATED OR EXPANDED AND TWENTY PERCENT OF THE CHILD CARE RATE
FOR SUCH INFANT CHILD CARE SEATS; AND (II) THE PRODUCT OF THE NUMBER OF
TODDLER CHILD CARE SEATS THAT HAVE BEEN CREATED OR EXPANDED AND TWENTY
PERCENT OF THE CHILD CARE RATE FOR SUCH TODDLER CHILD CARE SEATS;
PROVIDED THAT SUCH INFANT AND TODDLER CHILD CARE SEATS ARE CHILD CARE
SEATS THAT ARE OCCUPIED. NOTWITHSTANDING THE PRECEDING SENTENCE, A CRED-
IT SHALL NOT BE ALLOWED FOR MORE THAN TWENTY-FIVE CHILD CARE SEATS THAT
ARE OCCUPIED, AND THE AMOUNT OF SUCH CREDIT MAY BE REDUCED AS A RESULT
OF AN ALLOCATION OF AVAILABLE FUNDS, AS DESCRIBED IN SUBDIVISION E OF
THIS SECTION, FOR SUCH CREDIT.
C. APPLICATION PROCESS. A TAXPAYER MUST SUBMIT AN APPLICATION FOR SUCH
CREDIT BY NOVEMBER FIRST OF THE CALENDAR YEAR IN WHICH THE SERVICE YEAR
HAS ENDED.
1. SUCH APPLICATION SHALL INCLUDE BUT NOT BE LIMITED TO:
(A) A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO
OPERATE A CHILD CARE CENTER INDICATING THE NUMBER OF CHILD CARE SEATS
OR, IN THE CASE OF A CHILD CARE CENTER THAT HAS EXPERIENCED AN EXPANSION
OF CHILD CARE SEATS, A PERMIT ISSUED BY SUCH DEPARTMENT DEMONSTRATING
SUCH EXPANSION; AND
(B) A CERTIFICATION FROM AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT
THAT PROVIDES:
(1) THE TOTAL NUMBER OF CHILD CARE SEATS THAT ARE CHILD CARE SEATS
THAT ARE OCCUPIED DURING SUCH SERVICE YEAR;
(2) OF SUCH TOTAL NUMBER OF CHILD CARE SEATS THAT ARE OCCUPIED, THE
NUMBER OF INFANT CHILD CARE SEATS THAT ARE OCCUPIED AND THE NUMBER OF
TODDLER CHILD CARE SEATS THAT ARE OCCUPIED; AND
(3) TO THE EXTENT THE TAXPAYER HAS EXPANDED CHILD CARE, THE NUMBER OF
CHILD CARE SEATS IN EXISTENCE BEFORE SUCH EXPANSION AND THE NUMBER OF
SUCH CHILD CARE SEATS THAT WERE OCCUPIED BEFORE SUCH EXPANSION.
2. NO LATER THAN JANUARY THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING
THE CALENDAR YEAR IN WHICH THE APPLICATION WAS SUBMITTED, THE DEPARTMENT
OF FINANCE SHALL APPROVE OR DENY SUCH APPLICATION AND PROVIDE A CALCU-
LATION OF THE AMOUNT OF SUCH CREDIT AS DETERMINED BY SUBDIVISION E OF
THIS SECTION FOR ANY APPLICATION THAT HAS BEEN APPROVED.
D. APPLICATION OF CREDIT TO TAX YEAR. THE CREDIT, AS APPROVED AND
CALCULATED BY THE DEPARTMENT OF FINANCE PURSUANT TO PARAGRAPH TWO OF
SUBDIVISION C OF THIS SECTION, SHALL BE APPLIED TO THE TAX YEAR IN WHICH
THE SERVICE YEAR CONCLUDES, EXCEPT THAT: (I) FOR A TAXPAYER WHOSE TAX
YEAR CONCLUDES ON OR AFTER SEPTEMBER THIRTIETH AND BEFORE DECEMBER THIR-
TY-FIRST, THE CREDIT SHALL BE APPLIED TO THE TAX YEAR IMMEDIATELY
FOLLOWING THE TAX YEAR IN WHICH THE SERVICE YEAR CONCLUDES; AND (II) TO
PROVIDE THE CREDIT IN A TAX YEAR CONSISTENT WITH THIS SUBDIVISION, THE
DEPARTMENT OF FINANCE MAY ESTABLISH PROCEDURES GOVERNING THE APPLICATION
OF SUCH CREDIT WHERE THE TAX YEAR OF A TAXPAYER WHO HAS APPLIED FOR SUCH
CREDIT IS LESS THAN TWELVE MONTHS, OR WHERE SUCH TAX YEAR VARIES IN
ACCORDANCE WITH SUBSECTION F OF SECTION FOUR HUNDRED FORTY-ONE OF THE
INTERNAL REVENUE CODE.
S. 8009--C 69 A. 9009--C
E. MAXIMUM AMOUNT OF CREDIT AVAILABLE. FOR EACH OF THE THREE TAX YEARS
IN WHICH THE CREDIT AUTHORIZED BY THIS SECTION IS AVAILABLE, THE AGGRE-
GATE AMOUNT OF SUCH CREDIT SHALL BE A MAXIMUM OF TWENTY-FIVE MILLION
DOLLARS. TO THE EXTENT THAT THE DEPARTMENT OF FINANCE HAS DETERMINED
THAT THE AGGREGATE AMOUNT OF SUCH CREDIT, AS CALCULATED PURSUANT TO
SUBDIVISION B OF THIS SECTION, WOULD EXCEED TWENTY-FIVE MILLION DOLLARS,
SUCH DEPARTMENT SHALL REDUCE THE AMOUNT OF CREDIT TO BE GRANTED TO EACH
TAXPAYER WHO HAS APPLIED FOR SUCH CREDIT IN ACCORDANCE WITH A PROCESS TO
BE DEVELOPED IN RULES PROMULGATED BY SUCH DEPARTMENT. IN DEVELOPING SUCH
PROCESS, THE DEPARTMENT MAY CONSIDER FACTORS INCLUDING, BUT NOT LIMITED
TO, THE DATE OF APPLICATION, THE NUMBER OF CHILD CARE SEATS IN A CHILD
CARE PROGRAM THAT ARE OCCUPIED, AND THE EXTENT TO WHICH THE TAXPAYER
BEARS THE COST OF THE CHILD CARE THAT IS PROVIDED TO THE EMPLOYEES OF
SUCH TAXPAYER.
§ 2. Section 11-503 of the administrative code of the city of New York
is amended by adding a new subdivision (q) to read as follows:
(Q) CREDIT FOR THE PROVISION OF CHILD CARE. IN ADDITION TO ANY OTHER
CREDIT ALLOWED UNDER THIS SECTION, A TAXPAYER WHOSE APPLICATION FOR A
CREDIT AUTHORIZED BY SECTION 11-144 OF THIS TITLE HAS BEEN APPROVED BY
THE DEPARTMENT OF FINANCE SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS CHAPTER. THE AMOUNT OF THE CREDIT SHALL BE DETERMINED AS
PROVIDED IN SUCH SECTION. TO THE EXTENT THE AMOUNT OF THE CREDIT ALLOWED
BY THIS SUBDIVISION EXCEEDS THE AMOUNT OF TAX DUE PURSUANT TO THIS CHAP-
TER, AS CALCULATED WITHOUT SUCH CREDIT, SUCH EXCESS AMOUNT SHALL BE
TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION 11-526 OF THIS CHAPTER, PROVIDED,
HOWEVER, THAT NOTWITHSTANDING THE REQUIREMENTS OF SECTION 11-528 OF THIS
CHAPTER TO THE CONTRARY, NO INTEREST SHALL BE PAID THEREON.
§ 3. Section 11-604 of the administrative code of the city of New York
is amended by adding a new subdivision 23 to read as follows:
(23) CREDIT FOR THE PROVISION OF CHILD CARE. IN ADDITION TO ANY OTHER
CREDIT ALLOWED UNDER THIS SECTION, A TAXPAYER WHOSE APPLICATION FOR A
CREDIT AUTHORIZED BY SECTION 11-144 OF THIS TITLE HAS BEEN APPROVED BY
THE DEPARTMENT OF FINANCE SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS CHAPTER. THE AMOUNT OF THE CREDIT SHALL BE DETERMINED AS
PROVIDED IN SUCH SECTION. TO THE EXTENT THE AMOUNT OF THE CREDIT ALLOWED
BY THIS SUBDIVISION EXCEEDS THE AMOUNT OF TAX DUE PURSUANT TO THIS
SUBCHAPTER, AS CALCULATED WITHOUT SUCH CREDIT, SUCH EXCESS AMOUNT SHALL
BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 11-677 OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE REQUIREMENTS OF SECTION
11-679 OF THIS CHAPTER TO THE CONTRARY, NO INTEREST SHALL BE PAID THERE-
ON.
§ 4. Section 11-654 of the administrative code of the city of New York
is amended by adding a new subdivision 23 to read as follows:
(23) CREDIT FOR THE PROVISION OF CHILD CARE. IN ADDITION TO ANY OTHER
CREDIT ALLOWED UNDER THIS SECTION, A TAXPAYER WHOSE APPLICATION FOR A
CREDIT AUTHORIZED BY SECTION 11-144 OF THIS TITLE HAS BEEN APPROVED BY
THE DEPARTMENT OF FINANCE SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS CHAPTER. THE AMOUNT OF THE CREDIT SHALL BE DETERMINED AS
PROVIDED IN SUCH SECTION. TO THE EXTENT THE AMOUNT OF THE CREDIT ALLOWED
BY THIS SUBDIVISION EXCEEDS THE AMOUNT OF TAX DUE PURSUANT TO THIS
SUBCHAPTER, AS CALCULATED WITHOUT SUCH CREDIT, SUCH EXCESS AMOUNT SHALL
BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 11-677 OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE REQUIREMENTS OF SECTION
S. 8009--C 70 A. 9009--C
11-679 OF THIS CHAPTER TO THE CONTRARY, NO INTEREST SHALL BE PAID THERE-
ON.
§ 5. This act shall take effect immediately, provided that the credit
authorized by section 11-144 of the administrative code of the city of
New York, as added by section one of this act, shall be available to be
applied to the tax year beginning between January 1, 2023 and December
31, 2023, inclusive of those dates, and to the two tax years immediately
following such initial tax year.
PART JJ
Section 1. Paragraph 1 of subsection (f) of section 1310 of the tax
law, as added by section 2 of part V of chapter 60 of the laws of 2004,
is amended to read as follows:
(1) Notwithstanding any other provision of law to the contrary, any
city having a population of one million or more, acting through its
local legislative body, is hereby authorized and empowered to adopt and
amend local laws granting in any such city, for taxable years beginning
after two thousand three, a credit against the city personal income tax
equal to five percent of the earned income credit allowed under section
thirty-two of the internal revenue code for the same taxable year, AND,
FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE, A CREDIT
AGAINST THE CITY PERSONAL INCOME TAX EQUAL TO A PERCENTAGE, DETERMINED
PURSUANT TO SUBPARAGRAPHS (A) THROUGH (I) OF THIS PARAGRAPH, OF THE
EARNED INCOME CREDIT ALLOWED UNDER SECTION THIRTY-TWO OF THE INTERNAL
REVENUE CODE FOR THE SAME TAXABLE YEAR. FOR PURPOSES OF THIS PARAGRAPH,
"ADJUSTED GROSS INCOME" MEANS NEW YORK ADJUSTED GROSS INCOME AS DETER-
MINED PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAPTER. THE PERCENTAGE
SHALL BE:
(A) THIRTY PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS LESS THAN $5,000;
(B) THIRTY PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IN EXCESS OF $4,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$5,000 AND LESS THAN $7,500;
(C) TWENTY-FIVE PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $7,500 AND LESS THAN
$15,000;
(D) TWENTY-FIVE PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A
PERCENTAGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS
INCOME FOR SUCH TAXABLE YEAR IN EXCESS OF $14,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$15,000 AND LESS THAN $17,500;
(E) TWENTY PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $17,500 AND LESS THAN
$20,000;
(F) TWENTY PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IN EXCESS OF $19,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$20,000 AND LESS THAN $22,500;
(G) FIFTEEN PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $22,500 AND LESS THAN
$40,000;
S. 8009--C 71 A. 9009--C
(H) FIFTEEN PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IN EXCESS OF $39,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$40,000 AND LESS THAN $42,500; AND
(I) TEN PERCENT WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR SUCH
TAXABLE YEAR IS EQUAL TO OR GREATER THAN $42,500.
§ 2. Paragraph 1 of subdivision (d) of section 11-1706 of the adminis-
trative code of the city of New York, as added by local law number 39
for the year 2004, is amended to read as follows:
(1) For taxable years beginning after two thousand three, a credit
against the city personal income tax shall be allowed, equal to five
percent of the earned income credit allowed under section thirty-two of
the internal revenue code for the same taxable year, AND, FOR TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE, A CREDIT AGAINST THE CITY
PERSONAL INCOME TAX SHALL BE ALLOWED, EQUAL TO A PERCENTAGE DETERMINED
PURSUANT TO SUBPARAGRAPHS (A) THROUGH (I) OF THIS PARAGRAPH, OF THE
EARNED INCOME CREDIT ALLOWED UNDER SECTION THIRTY-TWO OF THE INTERNAL
REVENUE CODE FOR THE SAME TAXABLE YEAR. FOR PURPOSES OF THIS PARAGRAPH,
"ADJUSTED GROSS INCOME" MEANS NEW YORK ADJUSTED GROSS INCOME AS DETER-
MINED PURSUANT TO ARTICLE TWENTY-TWO OF THE TAX LAW. THE PERCENTAGE
SHALL BE:
(A) THIRTY PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS LESS THAN $5,000;
(B) THIRTY PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IN EXCESS OF $4,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$5,000 AND LESS THAN $7,500;
(C) TWENTY-FIVE PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $7,500 AND LESS THAN
$15,000;
(D) TWENTY-FIVE PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A
PERCENTAGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS
INCOME FOR SUCH TAXABLE YEAR IN EXCESS OF $14,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$15,000 AND LESS THAN $17,500;
(E) TWENTY PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $17,500 AND LESS THAN
$20,000;
(F) TWENTY PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF SUCH TAXPAYER'S ADJUSTED GROSS
INCOME FOR SUCH TAXABLE YEAR IN EXCESS OF $19,999, WHERE THE TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$20,000 AND LESS THAN $22,500;
(G) FIFTEEN PERCENT, WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR
SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN $22,500 AND LESS THAN
$40,000;
(H) FIFTEEN PERCENT REDUCED BY THE PRODUCT OF TWO-TENTHS OF A PERCENT-
AGE POINT (0.002) AND THE AMOUNT OF THE TAXPAYER'S ADJUSTED GROSS INCOME
FOR SUCH TAXABLE YEAR IN EXCESS OF $39,999, WHERE SUCH TAXPAYER'S
ADJUSTED GROSS INCOME FOR SUCH TAXABLE YEAR IS EQUAL TO OR GREATER THAN
$40,000 AND LESS THAN $42,500; AND
(I) TEN PERCENT WHERE THE TAXPAYER'S ADJUSTED GROSS INCOME FOR SUCH
TAXABLE YEAR IS EQUAL TO OR GREATER THAN $42,500.
S. 8009--C 72 A. 9009--C
§ 3. This act shall take effect immediately, and shall apply to taxa-
ble years beginning on and after January 1, 2022.
PART KK
Section 1. Section 472 of the economic development law is amended by
adding a new subdivision 4-a to read as follows:
4-A. "CERTIFICATE OF ADDITIONAL TAX CREDIT" MEANS THE DOCUMENT ISSUED
TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED
THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN
THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX
CREDIT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM PURSUANT TO
SECTION FOUR HUNDRED SEVENTY-FIVE-A OF THIS ARTICLE.
§ 2. Subdivisions 1 and 3 of section 474 of the economic development
law, as added by section 1 of subpart A of part PP of chapter 59 of the
laws of 2021, are amended and a new subdivision 4 is added to read as
follows:
1. A business entity must submit a complete application as prescribed
by the commissioner FOR THE RESTAURANT RETURN-TO-WORK CREDIT AND THE
ADDITIONAL RESTAURANT RETURN-TO-WORK CREDIT.
3. THE APPLICATION FOR THE TAX CREDIT ALLOWED UNDER SECTION FOUR
HUNDRED SEVENTY-FIVE OF THIS ARTICLE MUST BE SUBMITTED BY MAY FIRST, TWO
THOUSAND TWENTY-TWO. After reviewing a business entity's completed final
application FOR THE RESTAURANT RETURN-TO-WORK CREDIT and determining
that the business entity meets the eligibility criteria as set forth in
this article, the department may issue to that business entity a certif-
icate of tax credit. A business entity may claim the tax credit in the
taxable year that includes December thirty-first, two thousand twenty-
one.
4. THE APPLICATION FOR THE TAX CREDIT ALLOWED UNDER SECTION FOUR
HUNDRED SEVENTY-FIVE-A OF THIS ARTICLE MUST BE SUBMITTED BY JULY FIRST,
TWO THOUSAND TWENTY-TWO. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED
FINAL APPLICATION FOR THE ADDITIONAL RESTAURANT RETURN-TO-WORK CREDIT
AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA
AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS
ENTITY A CERTIFICATE OF ADDITIONAL TAX CREDIT. A BUSINESS ENTITY MAY
CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-TWO.
§ 3. The economic development law is amended by adding a new section
475-a to read as follows:
§ 475-A. ADDITIONAL RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSI-
NESS ENTITY IN THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT
APPLIES FOR THE ADDITIONAL RESTAURANT RETURN-TO-WORK CREDIT PURSUANT TO
SECTION FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE MAY BE ELIGIBLE TO
CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIV-
ALENT NET EMPLOYEE INCREASE ABOVE TEN, NOT TO EXCEED TWENTY, AS DEFINED
IN SUBDIVISION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTI-
CLE. THE AMOUNT OF THE BUSINESS ENTITY'S ADDITIONAL RESTAURANT RETURN-
TO-WORK TAX CREDIT SHALL BE CALCULATED BY USING THE DATE THE BUSINESS
ENTITY CHOSE TO CALCULATE ITS AVERAGE ENDING FULL-TIME EMPLOYMENT AS
DESCRIBED IN SUBDIVISION THREE OF SECTION FOUR HUNDRED SEVENTY-TWO OF
THIS ARTICLE. PROVIDED, HOWEVER, THAT IN CALCULATING THE FULL-TIME
EQUIVALENT NET EMPLOYEE INCREASE ABOVE TEN, THE JOBS MUST CONTINUE TO
EXIST AS OF MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-TWO. A BUSINESS
ENTITY IN THE RESTAURANT RETURN-TO-WORK PROGRAM THAT CEASED OPERATIONS
S. 8009--C 73 A. 9009--C
ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, IS NOT ELIGI-
BLE FOR THE CREDIT PROVIDED BY THIS SECTION.
2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY
COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-SIX-A,
SUBDIVISION FIFTY-SIX-A OF SECTION TWO HUNDRED TEN-B AND SUBSECTION
(NNN) OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
§ 4. The tax law is amended by adding a new section 46-a to read as
follows:
§ 46-A. ADDITIONAL RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE
OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO
OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO
THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT
OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
HUNDRED SEVENTY-FIVE-A OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR
EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF
THE CALCULATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CRED-
IT ALLOWED UNDER THIS CHAPTER.
(B) ELIGIBILITY. TO BE ELIGIBLE FOR THE ADDITIONAL RESTAURANT RETURN-
TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF
ADDITIONAL TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT
TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC
DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE
CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE
ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF ADDITIONAL
TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A
PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF ADDITIONAL
TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY
THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION.
HOWEVER, THE TAXPAYER MUST BE A PARTNER, MEMBER OR SHAREHOLDER OF SUCH
PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION AS OF
APRIL FIRST, TWO THOUSAND TWENTY-TWO.
(C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY-
ER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED
BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF ADDITIONAL
TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT.
(2) TAXPAYERS SHALL HAVE THE OPTION TO REQUEST AN ADVANCE PAYMENT OF
THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER THIS SECTION. A TAXPAYER
MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY
THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIFICATE OF ADDITIONAL
TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDI-
VISION FOUR OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVEL-
OPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO A PARTNERSHIP, LIMIT-
ED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A
PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST BE
SUBMITTED NO LATER THAN SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-TWO.
FOR THOSE TAXPAYERS WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM
THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT, THE COMMIS-
SIONER SHALL ADVANCE A PAYMENT OF THE TAX CREDIT ALLOWED TO THE TAXPAY-
ER. HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO ARTICLE NINE-A OF THIS
CHAPTER, SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO
THE TAXPAYER LESS TWENTY-FIVE DOLLARS. SUCH TWENTY-FIVE DOLLARS SHALL
REPRESENT A PARTIAL PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE
S. 8009--C 74 A. 9009--C
NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS CHAPTER. WHEN A
TAXPAYER FILES ITS RETURN FOR THE TAXABLE YEAR, SUCH TAXPAYER SHALL
PROPERLY RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED
DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN.
(D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
(1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT ARE RELEVANT
TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT RETURN-TO-
WORK TAX CREDIT PROGRAM;
(2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED, OR CLAIMED
PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT
OR THAT ARE CLAIMING THE CREDIT; AND
(3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE
RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN
PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE
SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
MATION LAW.
(E) CREDIT RECAPTURE. IF A CERTIFICATE OF ADDITIONAL TAX CREDIT ISSUED
BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FIVE OF
THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT
OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH
ANY SUCH REVOCATION BECOMES FINAL.
(F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56-A;
(2) ARTICLE 22: SECTION 606, SUBSECTION (NNN).
§ 5. Section 210-B of the tax law is amended by adding a new subdivi-
sion 56-a to read as follows:
56-A. ADDITIONAL RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE
OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS
PROVIDED IN SECTION FORTY-SIX-A OF THIS CHAPTER, AGAINST THE TAXES
IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE 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 THE 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 WILL BE PAID THEREON.
§ 6. Section 606 of the tax law is amended by adding a new subsection
(nnn) to read as follows:
(NNN) ADDITIONAL RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE
OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS
PROVIDED IN SECTION FORTY-SIX-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED
BY THIS ARTICLE.
S. 8009--C 75 A. 9009--C
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
PAID THEREON.
§ 7. 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) ADDITIONAL RESTAURANT AMOUNT OF CREDIT UNDER
RETURN-TO-WORK CREDIT SUBDIVISION FIFTY-SIX-A OF
SECTION TWO HUNDRED TEN-B
§ 8. This act shall take effect immediately.
PART LL
Section 1. (a) Notwithstanding any provision of law to the contrary,
for the duration of the state disaster emergency pursuant to executive
order 11 of 2021, a taxpayer that has required some or all of its
employees to work remotely as a result of the outbreak of novel corona-
virus, COVID-19, may designate such remote work as having been performed
at the location such work was performed prior to the declaration of such
state disaster emergency for tax benefits that are based on maintaining
a presence within the state or within specific areas of the state,
including but not limited to those provided pursuant to article seven-
teen of the economic development law and sections 31 and 39 of the tax
law.
(b) Eligible businesses shall be required to certify, that for the
entire period the benefit is claimed, the business continued to operate
within the state.
(c) Under no circumstances shall a business be eligible for tax bene-
fits based on maintaining a presence within the state or within specific
areas of the state for any time period in which the business moved its
operations outside of the state.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on or after November 26, 2021 and
shall expire on the date of expiration of the state disaster emergency
pursuant to executive order 11 of 2021 or December 31, 2022, whichever
is sooner; provided that the commissioner of taxation and finance shall
notify the legislative bill drafting commission upon the occurrence of
the expiration of the state disaster emergency pursuant to executive
order 11 of 2021, as amended, in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
PART MM
Section 1. This act enacts into law components of legislation relating
to pass-through entity tax. Each component is wholly contained within a
Subpart identified as Subparts A and B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
S. 8009--C 76 A. 9009--C
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section two
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Subsection (d) of section 860 of the tax law, as added by
section 1 of part C of chapter 59 of the laws of 2021, is amended and
two new subsections (j) and (k) are added to read as follows:
(d) Electing S corporation. Electing S corporation means any eligible
S corporation that made a valid, timely election pursuant to section
eight hundred sixty-one of this article THAT IS EITHER AN ELECTING RESI-
DENT S CORPORATION OR ELECTING STANDARD S CORPORATION.
(J) ELECTING RESIDENT S CORPORATION. AN ELECTING RESIDENT S CORPO-
RATION IS AN ELECTING S CORPORATION THAT CERTIFIES AT THE TIME OF ITS
ELECTION THAT ALL OF ITS SHAREHOLDERS ARE RESIDENTS OF NEW YORK FOR
PURPOSES OF ARTICLE TWENTY-TWO OF THIS CHAPTER.
(K) ELECTING STANDARD S CORPORATION. AN ELECTING STANDARD S CORPO-
RATION IS AN ELECTING S CORPORATION THAT IS NOT AN ELECTING RESIDENT S
CORPORATION.
§ 2. Paragraph 2 of subsection (h) of section 860 of the tax law, as
added by section 1 of part C of chapter 59 of the laws of 2021, is
amended and a new paragraph 3 is added to read as follows:
(2) In the case of an electing STANDARD S corporation, the sum of
[(i)] all items of income, gain, loss, or deduction derived from or
connected with New York sources to the extent they would be included
under paragraph two of subsection (a) of section six hundred thirty-two
of this chapter in the taxable income of a shareholder subject to tax
under article twenty-two of this chapter.
(3) IN THE CASE OF AN ELECTING RESIDENT S CORPORATION, THE SUM OF ALL
ITEMS OF INCOME, GAIN, LOSS, OR DEDUCTION TO THE EXTENT THEY ARE
INCLUDED IN THE TAXABLE INCOME OF A SHAREHOLDER SUBJECT TO TAX UNDER
ARTICLE TWENTY-TWO OF THIS CHAPTER.
§ 3. Subsection (c) of section 861 of the tax law, as added by section
1 of part C of chapter 59 of the laws of 2021, is amended and a new
subsection (d) is added to read as follows:
(c) The annual election must be made by the due date of the first
estimated payment under section eight hundred sixty-four of this [chap-
ter] ARTICLE and will take effect for the current taxable year. Only one
election may be made during each calendar year. An election made under
this section is irrevocable AS OF THE DUE DATE.
(D) SPECIAL RULES FOR ELECTING S CORPORATIONS. (1) AN ELECTING S
CORPORATION MUST CERTIFY AT THE TIME OF ITS ELECTION THAT ALL SHAREHOLD-
ERS ARE RESIDENTS OF NEW YORK FOR PURPOSES OF ARTICLE TWENTY-TWO OF THIS
CHAPTER TO BE CONSIDERED AN ELECTING RESIDENT S CORPORATION.
(2) IF AN ELECTING S CORPORATION DOES NOT MAKE A CERTIFICATION UNDER
PARAGRAPH ONE OF THIS SUBSECTION AT THE TIME OF ITS ELECTION, THE ELECT-
ING S CORPORATION IS AUTOMATICALLY TREATED AS AN ELECTING STANDARD S
CORPORATION.
(3) IF AN ELECTING S CORPORATION MAKES A CERTIFICATION UNDER PARAGRAPH
ONE OF THIS SUBSECTION TO BE AN ELECTING RESIDENT S CORPORATION, THIS
CERTIFICATION IS IRREVOCABLE AS OF THE DUE DATE OF THE ELECTION.
§ 4. Subsection (h) of section 865 of the tax law, as added by section
1 of part C of chapter 59 of the laws of 2021, is amended to read as
follows:
S. 8009--C 77 A. 9009--C
(h) Information provided to shareholders. Each electing S corporation
subject to tax under this article shall report to each shareholder its:
(1) direct share of the pass-through entity tax imposed on the elect-
ing S corporation; [and]
(2) THE ELECTING S CORPORATION'S STATUS AS AN ELECTING RESIDENT S
CORPORATION OR ELECTING STANDARD S CORPORATION; AND
(3) any other information as required by the commissioner.
§ 5. Paragraph 3 of subsection (b) of section 612 of the tax law, as
amended by chapter 166 of the laws of 1991, subparagraph (B) as amended
by section 70 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
(3) Income taxes. (A) General. Income taxes imposed by this state or
any other taxing jurisdiction, to the extent deductible in determining
federal adjusted gross income and not credited against federal income
tax.
(B) Shareholders of S corporations. In the case of a shareholder of an
S corporation, with respect to taxes imposed upon or payable by the
corporation, the term "income taxes" in subparagraph (A) of this para-
graph shall also include the taxes imposed under article nine-A of this
chapter, regardless of the measure of such tax[, but shall not otherwise
include taxes imposed by this or any other state of the United States,
or any political subdivision of this or any other state, or the District
of Columbia].
(C) PASS-THROUGH ENTITY TAX DEDUCTION. (I) IN THE CASE OF A PARTNER,
MEMBER OR SHAREHOLDER OF AN ELECTING PARTNERSHIP OR ELECTING S CORPO-
RATION, THE TERM "INCOME TAXES" IN SUBPARAGRAPH (A) OF THIS PARAGRAPH
SHALL NOT INCLUDE THE TAXES IMPOSED UNDER ARTICLE TWENTY-FOUR-A OF THIS
CHAPTER TO THE EXTENT SUCH TAXES ARE ADDED TO FEDERAL ADJUSTED GROSS
INCOME UNDER SUBPARAGRAPH (A) OF PARAGRAPH FORTY-THREE OF THIS
SUBSECTION OR THE TAXES IMPOSED UNDER ARTICLE TWENTY-FOUR-B OF THIS
CHAPTER TO THE EXTENT SUCH TAXES ARE ADDED TO THE FEDERAL ADJUSTED GROSS
INCOME UNDER PARAGRAPH FORTY-THREE-A OF THIS SUBSECTION.
(II) IN THE CASE OF A PARTNER, MEMBER OR SHAREHOLDER OF A PARTNERSHIP
OR S CORPORATION, THE TERM "INCOME TAXES" IN SUBPARAGRAPH (A) OF THIS
PARAGRAPH SHALL NOT INCLUDE PASS-THROUGH ENTITY TAXES SUBSTANTIALLY
SIMILAR TO THE TAX IMPOSED PURSUANT TO ARTICLE TWENTY-FOUR-A OF THIS
CHAPTER IMPOSED BY ANOTHER STATE OF THE UNITED STATES, A POLITICAL
SUBDIVISION OF SUCH STATE, OR THE DISTRICT OF COLUMBIA UPON INCOME BOTH
DERIVED THEREFROM AND SUBJECT TO TAX UNDER THIS ARTICLE TO THE EXTENT
SUCH TAXES ARE ADDED TO FEDERAL ADJUSTED GROSS INCOME UNDER SUBPARAGRAPH
(B) OF PARAGRAPH FORTY-THREE OF THIS SUBSECTION.
§ 6. (a) Notwithstanding section 861 of the tax law as added by
section 1 of part C of chapter 59 of the laws of 2021 and amended by
section three of this act, the certification to be taxed as an electing
resident S corporation for the taxable year 2022, must be made by March
15, 2023 in a manner prescribed by the commissioner.
(b) Further for the taxable year 2022, notwithstanding section 864 of
the tax law, as added by section 1 of part C of chapter 59 of the laws
of 2021, an electing resident S corporation shall be required to make
estimated tax payments on March fifteenth and June fifteenth represent-
ing twenty-five percent of the required annual payment as if such elect-
ing resident S corporation was an electing standard S corporation.
However, all electing resident S corporations shall be required as of
September 15, 2022 to have paid seventy-five percent of the required
annual payment.
S. 8009--C 78 A. 9009--C
§ 7. This act shall take effect immediately and shall apply to all
taxable years beginning on or after January 1, 2022; provided, however,
that section five of this act shall apply to taxable years beginning on
or after January 1, 2021.
SUBPART B
Section 1. The tax law is amended by adding a new article 24-B to read
as follows:
ARTICLE 24-B
CITY PASS-THROUGH ENTITY TAX
SECTION 867. DEFINITIONS.
868. CITY PASS-THROUGH ENTITY TAX ELECTION.
869. IMPOSITION AND RATE OF TAX.
870. CITY PASS-THROUGH ENTITY TAX CREDIT.
871. PAYMENT OF ESTIMATED TAX.
872. FILING OF RETURN AND PAYMENT OF TAX.
873. PROCEDURAL AND ADMINISTRATIVE PROVISIONS.
§ 867. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
(A) CITY PASS-THROUGH ENTITY TAX. CITY PASS-THROUGH ENTITY TAX MEANS
THE TOTAL TAX IMPOSED BY THIS ARTICLE ON AN ELECTING CITY PARTNERSHIP OR
AN ELECTING CITY RESIDENT S CORPORATION.
(B) CITY PASS-THROUGH ENTITY TAXABLE INCOME. CITY PASS-THROUGH ENTITY
TAXABLE INCOME MEANS:
(1) IN THE CASE OF AN ELECTING CITY PARTNERSHIP, THE SUM OF ALL ITEMS
OF INCOME, GAIN, LOSS, OR DEDUCTION TO THE EXTENT THEY ARE INCLUDED IN
THE CITY TAXABLE INCOME OF A PARTNER OR MEMBER OF THE ELECTING CITY
PARTNERSHIP WHO IS A CITY TAXPAYER.
(2) IN THE CASE OF AN ELECTING CITY RESIDENT S CORPORATION, THE SUM OF
ALL ITEMS OF INCOME, GAIN, LOSS, OR DEDUCTION TO THE EXTENT THEY WOULD
BE INCLUDED IN THE CITY TAXABLE INCOME OF A SHAREHOLDER OF THE ELECTING
CITY RESIDENT S CORPORATION WHO IS A CITY TAXPAYER.
(C) CITY RESIDENT INDIVIDUAL. CITY RESIDENT INDIVIDUAL HAS THE SAME
MEANING AS THAT TERM IS DEFINED IN SUBSECTION (A) OF SECTION THIRTEEN
HUNDRED FIVE OF THIS CHAPTER.
(D) CITY TAXABLE INCOME. CITY TAXABLE INCOME HAS THE SAME MEANING AS
THAT TERM IS DEFINED IN SECTION THIRTEEN HUNDRED THREE OF THIS CHAPTER.
(E) CITY TAXPAYER. A CITY TAXPAYER MEANS A CITY RESIDENT INDIVIDUAL
SUBJECT TO THE TAX IMPOSED PURSUANT TO THE AUTHORITY OF ARTICLE THIRTY
OF THIS CHAPTER.
(F) DIRECT SHARE OF CITY PASS-THROUGH ENTITY TAX. DIRECT SHARE OF CITY
PASS-THROUGH ENTITY TAX MEANS THE PORTION OF CITY PASS-THROUGH ENTITY
TAX CALCULATED ON CITY PASS-THROUGH ENTITY TAXABLE INCOME OF A CITY
TAXPAYER WHO IS A PARTNER OR MEMBER OF THE ELECTING CITY PARTNERSHIP OR
A CITY TAXPAYER WHO IS A SHAREHOLDER OF THE ELECTING CITY RESIDENT S
CORPORATION.
(G) ELECTING CITY PARTNERSHIP. ELECTING CITY PARTNERSHIP MEANS ANY
ELIGIBLE PARTNERSHIP THAT MADE A VALID, TIMELY ELECTION PURSUANT TO
SECTION EIGHT HUNDRED SIXTY-EIGHT OF THIS ARTICLE.
(H) ELECTING CITY RESIDENT S CORPORATION. ELECTING CITY RESIDENT S
CORPORATION MEANS ANY ELIGIBLE RESIDENT S CORPORATION THAT MADE A VALID,
TIMELY ELECTION PURSUANT TO SECTION EIGHT HUNDRED SIXTY-EIGHT OF THIS
ARTICLE.
(I) ELIGIBLE CITY PARTNERSHIP. ELIGIBLE CITY PARTNERSHIP MEANS ANY
PARTNERSHIP AS PROVIDED FOR IN SECTION 7701(A)(2) OF THE INTERNAL REVEN-
UE CODE THAT HAS A FILING REQUIREMENT UNDER PARAGRAPH ONE OF SUBSECTION
S. 8009--C 79 A. 9009--C
(C) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THIS CHAPTER OTHER THAN A
PUBLICLY TRADED PARTNERSHIP AS DEFINED IN SECTION 7704 OF THE INTERNAL
REVENUE CODE, WHERE AT LEAST ONE PARTNER OR MEMBER IS A CITY RESIDENT
INDIVIDUAL. AN ELIGIBLE CITY PARTNERSHIP INCLUDES ANY ENTITY, INCLUDING
A LIMITED LIABILITY COMPANY, TREATED AS A PARTNERSHIP FOR FEDERAL INCOME
TAX PURPOSES THAT OTHERWISE MEETS THE REQUIREMENTS OF THIS SUBSECTION.
(J) ELIGIBLE CITY RESIDENT S CORPORATION. ELIGIBLE CITY RESIDENT S
CORPORATION MEANS ANY NEW YORK S CORPORATION AS DEFINED PURSUANT TO
SUBDIVISION ONE-A OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER THAT IS
SUBJECT TO TAX UNDER SECTION TWO HUNDRED NINE OF THIS CHAPTER THAT HAS
ONLY CITY RESIDENT INDIVIDUAL SHAREHOLDERS. AN ELIGIBLE CITY RESIDENT S
CORPORATION INCLUDES ANY ENTITY, INCLUDING A LIMITED LIABILITY COMPANY,
TREATED AS AN S CORPORATION FOR FEDERAL INCOME TAX PURPOSES THAT OTHER-
WISE MEETS THE REQUIREMENTS OF THIS SUBSECTION.
(K) TAXABLE YEAR. AN ELECTING CITY PARTNERSHIP'S OR ELECTING CITY
RESIDENT S CORPORATION'S TAXABLE YEAR PURSUANT TO THIS ARTICLE SHALL BE
THE SAME AS THE ELECTING CITY PARTNERSHIP'S OR ELECTING CITY RESIDENT S
CORPORATION'S TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES.
§ 868. CITY PASS-THROUGH ENTITY TAX ELECTION. (A) ANY ELIGIBLE CITY
PARTNERSHIP THAT MAKES THE ANNUAL ELECTION TO BE TAXED PURSUANT TO ARTI-
CLE TWENTY-FOUR-A OF THIS CHAPTER IN ACCORDANCE WITH SECTION EIGHT
HUNDRED SIXTY-ONE OF THIS CHAPTER OR ANY ELIGIBLE CITY RESIDENT S CORPO-
RATION THAT MAKES THE ANNUAL ELECTION TO BE TAXED PURSUANT TO ARTICLE
TWENTY-FOUR-A OF THIS CHAPTER AS AN ELECTING RESIDENT S CORPORATION IN
ACCORDANCE WITH SECTION EIGHT HUNDRED SIXTY-ONE OF THIS CHAPTER MAY MAKE
AN ANNUAL ELECTION TO BE TAXED PURSUANT TO THIS ARTICLE FOR THE SAME
TAXABLE YEAR FOR WHICH SUCH ELIGIBLE CITY PARTNERSHIP OR ELIGIBLE CITY
RESIDENT S CORPORATION HAS MADE AN ELECTION TO BE TAXED PURSUANT TO
ARTICLE TWENTY-FOUR-A OF THIS CHAPTER. THE ELECTION TO BE TAXED PURSUANT
TO THIS ARTICLE MUST BE MADE BY THE DUE DATE AS SPECIFIED IN SUBSECTION
(C) OF SECTION EIGHT HUNDRED SIXTY-ONE OF THIS CHAPTER AND IN THE SAME
MANNER AS THE ELECTION TO BE TAXED PURSUANT TO ARTICLE TWENTY-FOUR-A OF
THIS CHAPTER.
(B) IN ORDER TO BE EFFECTIVE, THE ANNUAL ELECTION TO BE TAXED PURSUANT
TO THIS ARTICLE MUST BE MADE BY A CITY TAXPAYER AND (1) IF THE ENTITY IS
AN S CORPORATION, BY ANY OFFICER, MANAGER OR SHAREHOLDER OF THE S CORPO-
RATION WHO IS AUTHORIZED UNDER THE LAW OF THE STATE WHERE THE CORPO-
RATION IS INCORPORATED OR UNDER THE S CORPORATION'S ORGANIZATIONAL DOCU-
MENTS TO MAKE THE ELECTION AND WHO REPRESENTS TO HAVING SUCH
AUTHORIZATION UNDER PENALTY OF PERJURY; OR (2) IF THE ENTITY IS NOT AN S
CORPORATION, BY ANY MEMBER, PARTNER, OWNER, OR OTHER INDIVIDUAL WITH
AUTHORITY TO BIND THE ENTITY OR SIGN RETURNS PURSUANT TO SECTION SIX
HUNDRED FIFTY-THREE OF THIS CHAPTER.
(C) THE ANNUAL ELECTION TO BE TAXED PURSUANT TO THIS ARTICLE MUST BE
MADE BY THE DUE DATE OF THE FIRST ESTIMATED PAYMENT UNDER SECTION EIGHT
HUNDRED SIXTY-FOUR OF THIS CHAPTER AND WILL TAKE EFFECT FOR THE CURRENT
TAXABLE YEAR. ONLY ONE ELECTION TO BE TAXED PURSUANT TO THIS ARTICLE MAY
BE MADE DURING EACH CALENDAR YEAR. AN ELECTION MADE UNDER THIS SECTION
IS IRREVOCABLE AS OF SUCH DUE DATE. TO THE EXTENT AN ELECTION MADE UNDER
SECTION EIGHT HUNDRED SIXTY-ONE OF THIS CHAPTER IS REVOKED OR OTHERWISE
INVALIDATED AN ELECTION MADE UNDER THIS SECTION IS AUTOMATICALLY INVALI-
DATED.
§ 869. IMPOSITION AND RATE OF TAX. A TAX IS HEREBY IMPOSED FOR EACH
TAXABLE YEAR ON THE CITY PASS-THROUGH ENTITY TAXABLE INCOME OF EVERY
ELECTING CITY PARTNERSHIP AND EVERY ELECTING CITY RESIDENT S CORPO-
RATION. THIS TAX SHALL BE IN ADDITION TO ANY OTHER TAXES IMPOSED ON
S. 8009--C 80 A. 9009--C
SUCH PARTNERSHIP OR SUCH S CORPORATION. FOR EACH TAXABLE YEAR BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE RATE OF TAX
SHALL BE 3.876 PERCENT OF CITY PASS-THROUGH ENTITY TAXABLE INCOME.
§ 870. CITY PASS-THROUGH ENTITY TAX CREDIT. (A) PERSONAL INCOME TAX
CREDIT. (1) A CITY TAXPAYER WHO IS A DIRECT PARTNER OR MEMBER IN AN
ELECTING CITY PARTNERSHIP OR A DIRECT SHAREHOLDER OF AN ELECTING CITY
RESIDENT S CORPORATION SUBJECT TO TAX UNDER THIS ARTICLE SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED PURSUANT TO THE AUTHORITY OF
ARTICLE THIRTY OF THIS CHAPTER, COMPUTED PURSUANT TO THE PROVISIONS OF
SUBSECTION (G) OF SECTION THIRTEEN HUNDRED TEN OF THIS CHAPTER. AN ENTI-
TY THAT IS DISREGARDED FOR TAX PURPOSES WILL BE DISREGARDED FOR PURPOSES
OF DETERMINING IF A CITY TAXPAYER IS A DIRECT PARTNER OR MEMBER OF AN
ELECTING CITY PARTNERSHIP OR A DIRECT SHAREHOLDER OF AN ELECTING CITY
RESIDENT S CORPORATION.
(2) LIMITATION ON CREDIT. NO CREDIT SHALL BE ALLOWED TO A CITY TAXPAY-
ER UNDER PARAGRAPH ONE OF THIS SUBSECTION UNLESS THE ELECTING CITY PART-
NERSHIP OR ELECTING CITY RESIDENT S CORPORATION PAID THE TAX IMPOSED
UNDER THIS ARTICLE AND PROVIDED SUFFICIENT INFORMATION ON THE CITY PASS-
THROUGH ENTITY TAX RETURN AS PRESCRIBED BY THE COMMISSIONER TO IDENTIFY
SUCH CITY TAXPAYER. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER OF THE
CITY TAXPAYER WHO WILL CLAIM THE CREDIT (EVEN IN THE CASE OF A DISRE-
GARDED ENTITY OWNED BY SUCH CITY TAXPAYER).
(B) LIMITATION ON CREDIT. THE AGGREGATE AMOUNT OF CREDITS CLAIMED BY
ALL PARTNERS, MEMBERS OR SHAREHOLDERS OF AN ELECTING CITY PARTNERSHIP OR
AN ELECTING CITY RESIDENT S CORPORATION PURSUANT TO SUBSECTION (A) OF
THIS SECTION SHALL NOT EXCEED THE TAX DUE UNDER SECTION EIGHT HUNDRED
SIXTY-NINE OF THIS ARTICLE FROM SUCH ELECTING CITY PARTNERSHIP OR ELECT-
ING CITY RESIDENT S CORPORATION FOR THE TAXABLE YEAR.
§ 871. PAYMENT OF ESTIMATED TAX. (A) DEFINITION OF ESTIMATED TAX.
ESTIMATED TAX MEANS THE AMOUNT THAT AN ELECTING CITY PARTNERSHIP OR
ELECTING CITY RESIDENT S CORPORATION ESTIMATES TO BE THE TAX IMPOSED BY
SECTION EIGHT HUNDRED SIXTY-NINE OF THIS ARTICLE FOR THE CURRENT TAXABLE
YEAR.
(B) GENERAL. EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
ESTIMATED TAX SHALL BE PAID AS FOLLOWS FOR AN ELECTING CITY PARTNERSHIP
AND AN ELECTING CITY RESIDENT S CORPORATION:
(1) THE ESTIMATED TAX SHALL BE PAID IN FOUR EQUAL INSTALLMENTS ON
MARCH FIFTEENTH, JUNE FIFTEENTH, SEPTEMBER FIFTEENTH AND DECEMBER
FIFTEENTH IN THE CALENDAR YEAR PRIOR TO THE YEAR IN WHICH THE DUE DATE
OF THE RETURN REQUIRED BY THIS ARTICLE FALLS.
(2) THE AMOUNT OF ANY REQUIRED INSTALLMENT SHALL BE TWENTY-FIVE
PERCENT OF THE REQUIRED ANNUAL PAYMENT.
(3) THE REQUIRED ANNUAL PAYMENT IS THE LESSER OF: (A) NINETY PERCENT
OF THE TAX SHOWN ON THE RETURN FOR THE TAXABLE YEAR; OR (B) ONE HUNDRED
PERCENT OF THE TAX SHOWN ON THE RETURN OF THE ELECTING CITY PARTNERSHIP
OR ELECTING CITY RESIDENT S CORPORATION FOR THE PRECEDING TAXABLE YEAR.
(C) APPLICATION TO SHORT TAXABLE YEAR. THIS SECTION SHALL APPLY TO A
TAXABLE YEAR OF LESS THAN TWELVE MONTHS IN ACCORDANCE WITH PROCEDURES
ESTABLISHED BY THE COMMISSIONER.
(D) INSTALLMENTS PAID IN ADVANCE. AN ELECTING CITY PARTNERSHIP OR
ELECTING CITY RESIDENT S CORPORATION MAY ELECT TO PAY ANY INSTALLMENT OF
ITS ESTIMATED TAX PRIOR TO THE DATE PRESCRIBED FOR THE PAYMENT THEREOF.
§ 872. FILING OF RETURN AND PAYMENT OF TAX. (A) GENERAL. ON OR BEFORE
MARCH FIFTEENTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR, EACH ELECTING
CITY PARTNERSHIP AND EACH ELECTING CITY RESIDENT S CORPORATION MUST FILE
S. 8009--C 81 A. 9009--C
A RETURN FOR THE TAXABLE YEAR REPORTING THE INFORMATION REQUIRED PURSU-
ANT TO THIS ARTICLE. FOR EACH ELECTING CITY PARTNERSHIP AND EACH ELECT-
ING CITY RESIDENT S CORPORATION THAT HAS A FISCAL TAXABLE YEAR, THE
RETURN IS DUE ON OR BEFORE MARCH FIFTEENTH FOLLOWING THE CLOSE OF THE
CALENDAR YEAR THAT CONTAINS THE FINAL DAY OF THE ELECTING CITY PARTNER-
SHIP'S OR ELECTING CITY RESIDENT S CORPORATION'S TAXABLE YEAR.
(B) CERTIFICATION OF ELIGIBILITY. EVERY RETURN FILED PURSUANT TO
SUBSECTION (A) OF THIS SECTION SHALL INCLUDE, IN A FORMAT AS PRESCRIBED
BY THE COMMISSIONER, A CERTIFICATION BY AN INDIVIDUAL AUTHORIZED TO ACT
ON BEHALF OF THE ELECTING CITY PARTNERSHIP OR ELECTING CITY RESIDENT S
CORPORATION THAT SUCH ELECTING CITY PARTNERSHIP OR ELECTING CITY RESI-
DENT S CORPORATION:
(1) MADE A TIMELY, VALID ELECTION TO BE SUBJECT TO TAX PURSUANT TO
THIS ARTICLE; AND
(2) THAT ALL STATEMENTS CONTAINED THEREIN ARE TRUE.
(C) INFORMATION ON THE ELECTING CITY PARTNERSHIP RETURN. EACH ELECTING
CITY PARTNERSHIP SHALL REPORT ON SUCH RETURN:
(1) ANY TAX DUE PURSUANT TO THIS ARTICLE. THE BALANCE OF ANY TAX SHOWN
ON SUCH RETURN, NOT PREVIOUSLY PAID AS INSTALLMENTS OF ESTIMATED TAX,
SHALL BE PAID WITH SUCH RETURN;
(2) IDENTIFYING INFORMATION OF ALL PARTNERS AND/OR MEMBERS WHO ARE
CITY TAXPAYERS AND ELIGIBLE TO RECEIVE A CREDIT PURSUANT TO SECTION
EIGHT HUNDRED SEVENTY OF THIS ARTICLE;
(3) EACH PARTNER'S AND/OR MEMBER'S DIRECT SHARE OF THE CITY PASS-
THROUGH ENTITY TAX IMPOSED ON THE ELECTING CITY PARTNERSHIP;
(4) EACH PARTNER'S AND/OR MEMBER'S DISTRIBUTIVE SHARE OF THE CITY
PASS-THROUGH ENTITY TAXABLE INCOME CALCULATED PURSUANT TO PARAGRAPH ONE
OF SUBSECTION (B) OF SECTION EIGHT HUNDRED SIXTY-SEVEN OF THIS ARTICLE;
(5) THE CLASSIFICATION, AS APPLICABLE, OF EACH PARTNER AND/OR MEMBER
AS A CITY RESIDENT INDIVIDUAL FOR PURPOSES OF CALCULATING THE ELECTING
CITY PARTNERSHIP'S CITY PASS-THROUGH ENTITY TAXABLE INCOME; AND
(6) ANY OTHER INFORMATION AS REQUIRED BY THE COMMISSIONER.
(D) INFORMATION ON ELECTING CITY RESIDENT S CORPORATION RETURN. EACH
ELECTING CITY RESIDENT S CORPORATION SHALL REPORT ON SUCH RETURN:
(1) ANY TAX DUE PURSUANT TO THIS ARTICLE. THE BALANCE OF ANY TAX SHOWN
ON SUCH RETURN, NOT PREVIOUSLY PAID AS INSTALLMENTS OF ESTIMATED TAX,
SHALL BE PAID WITH SUCH RETURN;
(2) IDENTIFYING INFORMATION OF ALL SHAREHOLDERS WHO ARE CITY TAXPAYERS
AND ELIGIBLE TO RECEIVE A CREDIT PURSUANT TO SECTION EIGHT HUNDRED
SEVENTY OF THIS ARTICLE;
(3) EACH SHAREHOLDER'S DIRECT SHARE OF THE PASS-THROUGH ENTITY TAX
IMPOSED ON THE ELECTING CITY RESIDENT S CORPORATION;
(4) EACH SHAREHOLDER'S DISTRIBUTIVE SHARE OF THE CITY PASS-THROUGH
ENTITY TAXABLE INCOME CALCULATED PURSUANT TO PARAGRAPH TWO OF SUBSECTION
(B) OF SECTION EIGHT HUNDRED SIXTY-SEVEN OF THIS ARTICLE; AND
(5) ANY OTHER INFORMATION AS REQUIRED BY THE COMMISSIONER.
(E) SPECIAL RULES FOR PARTNERS, MEMBERS AND SHAREHOLDERS THAT ARE
DISREGARDED ENTITIES. TO MEET THE REQUIREMENTS OF PARAGRAPH TWO OF
SUBSECTION (C) OF THIS SECTION FOR AN ELECTING CITY PARTNERSHIP OR PARA-
GRAPH TWO OF SUBSECTION (D) OF THIS SECTION FOR AN ELECTING CITY RESI-
DENT S CORPORATION, THE ELECTING CITY PARTNERSHIP OR ELECTING CITY RESI-
DENT S CORPORATION MUST PROVIDE INFORMATION SUFFICIENT TO IDENTIFY BOTH
THE DISREGARDED ENTITY THAT IS A PARTNER, MEMBER AND/OR SHAREHOLDER AND
THE CITY TAXPAYER ELIGIBLE FOR A CREDIT UNDER SUBSECTION (A) OF SECTION
EIGHT HUNDRED SEVENTY OF THIS ARTICLE.
S. 8009--C 82 A. 9009--C
(F) EXTENSIONS AND AMENDMENTS. (1) THE COMMISSIONER MAY GRANT A
REASONABLE EXTENSION OF TIME FOR PAYMENT OF TAX OR ESTIMATED TAX (OR ANY
INSTALLMENT), OR FOR FILING ANY RETURN, STATEMENT, OR OTHER DOCUMENT
REQUIRED PURSUANT TO THIS ARTICLE, ON SUCH TERMS AND CONDITIONS AS IT
MAY REQUIRE. NO SUCH EXTENSION FOR FILING ANY RETURN, STATEMENT OR OTHER
DOCUMENT, SHALL EXCEED SIX MONTHS.
(2) NO AMENDED RETURNS. ONCE A RETURN HAS BEEN FILED BY AN ELECTING
CITY PARTNERSHIP OR ELECTING CITY RESIDENT S CORPORATION, IT MAY NOT BE
AMENDED WITHOUT THE CONSENT OF OR OTHERWISE AUTHORIZED BY THE COMMIS-
SIONER.
(G) INFORMATION PROVIDED TO PARTNERS. EACH ELECTING CITY PARTNERSHIP
SUBJECT TO TAX UNDER THIS ARTICLE SHALL REPORT TO EACH PARTNER OR MEMBER
THE FOLLOWING:
(1) CLASSIFICATION, AS APPLICABLE, AS A CITY RESIDENT INDIVIDUAL FOR
PURPOSES OF CALCULATING THE ELECTING CITY PARTNERSHIP'S CITY PASS-
THROUGH ENTITY TAXABLE INCOME;
(2) DIRECT SHARE OF THE CITY PASS-THROUGH ENTITY TAX IMPOSED ON THE
ELECTING CITY PARTNERSHIP; AND
(3) ANY OTHER INFORMATION AS REQUIRED BY THE COMMISSIONER.
(H) INFORMATION PROVIDED TO SHAREHOLDERS. EACH ELECTING CITY RESIDENT
S CORPORATION SUBJECT TO TAX UNDER THIS ARTICLE SHALL REPORT TO EACH
SHAREHOLDER THE FOLLOWING:
(1) THE SHAREHOLDER'S DIRECT SHARE OF THE PASS-THROUGH ENTITY TAX
IMPOSED ON THE ELECTING CITY RESIDENT S CORPORATION; AND
(2) ANY OTHER INFORMATION AS REQUIRED BY THE COMMISSIONER.
§ 873. PROCEDURAL AND ADMINISTRATIVE PROVISIONS. (A) GENERAL. ALL
PROVISIONS OF ARTICLE TWENTY-TWO OF THIS CHAPTER WILL APPLY TO THE
PROVISIONS OF THIS ARTICLE IN THE SAME MANNER AND WITH THE SAME FORCE
AND EFFECT AS IF THE LANGUAGE OF ARTICLE TWENTY-TWO OF THIS CHAPTER HAD
BEEN INCORPORATED IN FULL INTO THIS ARTICLE AND HAD BEEN SPECIFICALLY
ADJUSTED FOR AND EXPRESSLY REFERRED TO THE TAX IMPOSED BY THIS ARTICLE,
EXCEPT TO THE EXTENT THAT ANY PROVISION IS EITHER INCONSISTENT WITH A
PROVISION OF THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE. NOTWITH-
STANDING THE PRECEDING SENTENCE, NO CREDIT AUTHORIZED TO OFFSET THE TAX
IMPOSED PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAPTER OR AUTHORIZED
PURSUANT TO SECTION THIRTEEN HUNDRED TEN OF THIS CHAPTER CAN BE USED TO
OFFSET THE TAX DUE PURSUANT TO THIS ARTICLE.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER
MAY REQUIRE THAT ANY FORM OR RETURN REQUIRED PURSUANT TO THIS ARTICLE
MUST BE FILED ELECTRONICALLY AND ANY PAYMENT OF TAX MUST BE PAID ELEC-
TRONICALLY.
(C) LIABILITY FOR TAX. (1) AN ELECTING CITY PARTNERSHIP OR ELECTING
CITY RESIDENT S CORPORATION SHALL BE LIABLE FOR THE TAX DUE PURSUANT TO
THIS ARTICLE.
(2) EXCEPT AS PROVIDED IN PARAGRAPH THREE OF THIS SUBSECTION, ANY CITY
TAXPAYER ELIGIBLE TO CLAIM A CREDIT AUTHORIZED PURSUANT TO SUBSECTION
(G) OF SECTION THIRTEEN HUNDRED TEN OF THIS CHAPTER BECAUSE SUCH TAXPAY-
ER IS A PARTNER OR MEMBER IN AN ELECTING CITY PARTNERSHIP OR A SHARE-
HOLDER IN AN ELECTING CITY RESIDENT S CORPORATION, EITHER DIRECTLY OR
THROUGH A DISREGARDED ENTITY, SHALL BE SEVERALLY LIABLE FOR SUCH TAXPAY-
ER'S DIRECT SHARE OF CITY PASS-THROUGH ENTITY TAX TO THE EXTENT THE TAX
DUE PURSUANT TO THIS ARTICLE IS NOT PAID BY THE ELECTING CITY PARTNER-
SHIP OR ELECTING CITY RESIDENT S CORPORATION.
(3) ANY CITY TAXPAYER ELIGIBLE TO CLAIM A CREDIT AUTHORIZED PURSUANT
TO SUBSECTION (G) OF SECTION THIRTEEN HUNDRED TEN OF THIS CHAPTER
BECAUSE SUCH TAXPAYER IS A PARTNER OR MEMBER IN AN ELECTING CITY PART-
S. 8009--C 83 A. 9009--C
NERSHIP OR A SHAREHOLDER IN AN ELECTING CITY RESIDENT S CORPORATION,
EITHER DIRECTLY OR THROUGH A DISREGARDED ENTITY, THAT IS A GENERAL,
MANAGING OR CONTROLLING PARTNER OF THE ELECTING CITY PARTNERSHIP OR
MANAGING OR CONTROLLING SHAREHOLDER OF THE ELECTING CITY RESIDENT S
CORPORATION, OR OWNS GREATER THAN FIFTY PERCENT OF THE INTERESTS OR
PROFITS OF THE ELECTING CITY PARTNERSHIP OR ELECTING CITY RESIDENT S
CORPORATION, OR IS UNDER A DUTY TO ACT FOR THE ELECTING CITY PARTNERSHIP
OR ELECTING CITY RESIDENT S CORPORATION IN COMPLYING WITH THE PROVISIONS
OF THIS ARTICLE, OR WAS THE INDIVIDUAL THAT MADE THE ELECTION ON BEHALF
OF THE ELECTING CITY PARTNERSHIP OR ELECTING CITY RESIDENT S CORPORATION
AUTHORIZED BY SECTION EIGHT HUNDRED SIXTY-EIGHT OF THIS ARTICLE, SHALL
BE JOINTLY AND SEVERALLY LIABLE FOR THE TAX IMPOSED PURSUANT TO THIS
ARTICLE ON SUCH ELECTING CITY PARTNERSHIP OR ELECTING CITY RESIDENT S
CORPORATION.
(D) DEPOSIT AND DISPOSITION OF REVENUE. ALL TAXES, INTEREST, PENAL-
TIES, AND FEES COLLECTED OR RECEIVED BY THE COMMISSIONER PURSUANT TO
THIS ARTICLE SHALL BE DEPOSITED AND DISPOSED OF IN THE MANNER SET FORTH
BY ARTICLE THIRTY OF THIS CHAPTER FOR TAXES IMPOSED PURSUANT TO SUCH
ARTICLE, INCLUDING BUT NOT LIMITED TO PROVISIONS OF SUCH ARTICLE RELAT-
ING TO PAYMENTS TO THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY.
(E) SECRECY PROVISION. ALL THE PROVISIONS OF PARAGRAPHS ONE AND TWO OF
SUBSECTION (E) OF SECTION SIX HUNDRED NINETY-SEVEN OF THIS CHAPTER WILL
APPLY TO THE PROVISIONS OF THIS ARTICLE. NOTWITHSTANDING ANY PROVISIONS
OF THIS CHAPTER TO THE CONTRARY, THE COMMISSIONER MAY DISCLOSE INFORMA-
TION AND RETURNS REGARDING THE CALCULATION AND PAYMENT OF THE TAX
IMPOSED BY THIS ARTICLE AND ANY CREDIT CALCULATED ON TAXES PAID PURSUANT
TO THIS ARTICLE BY AN ELECTING CITY PARTNERSHIP OR AN ELECTING CITY
RESIDENT S CORPORATION TO A PARTNER, MEMBER OR SHAREHOLDER OF SUCH ENTI-
TY THAT IS ELIGIBLE FOR OR CLAIMS TO BE ELIGIBLE FOR A CREDIT UNDER
SUBSECTION (A) OF SECTION EIGHT HUNDRED SEVENTY OF THIS ARTICLE.
(F) THE COMPTROLLER SHALL RETAIN IN THE COMPTROLLER'S HANDS SUCH
AMOUNT AS THE COMMISSIONER MAY DETERMINE NECESSARY FOR REFUNDS IN
RESPECT TO THE TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ARTICLE,
OUT OF WHICH THE COMPTROLLER SHALL PAY ANY REFUNDS OF SUCH TAXES TO
WHICH TAXPAYERS SHALL BE ENTITLED UNDER ANY LAW ENACTED PURSUANT TO THE
AUTHORITY OF THIS ARTICLE.
§ 2. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 43-a to read as follows:
(43-A) CITY PASS-THROUGH ENTITY TAX DEDUCTION ADDBACK. IN THE CASE OF
A TAXPAYER WHO CLAIMS A CREDIT ALLOWED UNDER SUBSECTION (G) OF SECTION
THIRTEEN HUNDRED TEN OF THIS CHAPTER, AN AMOUNT EQUAL TO THE AMOUNT OF
SUCH CREDIT.
§ 3. Section 1310 of the tax law is amended by adding a new subsection
(g) to read as follows:
(G) CREDIT FOR CITY PASS-THROUGH ENTITY TAX. (1) A TAXPAYER WHO IS A
PARTNER OR MEMBER OF AN ELECTING CITY PARTNERSHIP AND A TAXPAYER SHARE-
HOLDER OF AN ELECTING CITY RESIDENT S CORPORATION SUBJECT TO TAX UNDER
ARTICLE TWENTY-FOUR-B OF THIS CHAPTER SHALL BE ENTITLED TO A CREDIT
AGAINST THE TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS ARTICLE AS
PROVIDED IN THIS SUBSECTION. FOR PURPOSES OF THIS SUBSECTION, THE TERMS
"ELECTING CITY PARTNERSHIP," "ELECTING CITY RESIDENT S CORPORATION,"
"CITY PASS-THROUGH ENTITY TAX," AND "DIRECT SHARE OF CITY PASS-THROUGH
ENTITY TAX" SHALL HAVE THE SAME MEANINGS PROVIDED IN ARTICLE TWENTY-
FOUR-B OF THIS CHAPTER.
(2) THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PARTNER'S, MEMBER'S
OR SHAREHOLDER'S DIRECT SHARE OF THE CITY PASS-THROUGH ENTITY TAX.
S. 8009--C 84 A. 9009--C
(3) IF A TAXPAYER IS A PARTNER, MEMBER OR SHAREHOLDER IN MORE THAN ONE
ELECTING CITY PARTNERSHIP AND/OR ELECTING CITY RESIDENT S CORPORATION
THAT IS SUBJECT TO TAX PURSUANT TO ARTICLE TWENTY-FOUR-B OF THIS CHAP-
TER, THE AMOUNT OF THE CREDIT OF SUCH TAXPAYER SHALL BE EQUAL TO THE SUM
OF THE AMOUNTS OF SUCH CREDITS CALCULATED PURSUANT TO PARAGRAPH TWO OF
THIS SUBSECTION WITH REGARD TO EACH ENTITY IN WHICH SUCH TAXPAYER HAS A
DIRECT OWNERSHIP INTEREST.
(4) IF THE AMOUNT OF THE CREDIT ALLOWABLE PURSUANT TO THIS SUBSECTION
FOR ANY TAXABLE YEAR EXCEEDS THE TAX DUE FOR SUCH YEAR PURSUANT TO THIS
ARTICLE, THE EXCESS AMOUNT SHALL BE TREATED AS AN OVERPAYMENT, TO BE
CREDITED OR REFUNDED, WITHOUT INTEREST.
(5) LIMITATION ON CREDIT. NO CREDIT SHALL BE ALLOWED TO A TAXPAYER
UNDER THIS SUBSECTION UNLESS THE ELECTING CITY PARTNERSHIP OR ELECTING
CITY RESIDENT S CORPORATION PROVIDED SUFFICIENT INFORMATION TO IDENTIFY
SUCH TAXPAYER ON ITS CITY PASS-THROUGH ENTITY TAX RETURN AS REQUIRED
UNDER PARAGRAPH TWO OF SUBSECTION (C) OF SECTION EIGHT HUNDRED SEVENTY-
TWO OF THIS CHAPTER FOR AN ELECTING CITY PARTNERSHIP OR PARAGRAPH TWO OF
SUBSECTION (D) OF SECTION EIGHT HUNDRED SEVENTY-TWO OF THIS CHAPTER FOR
AN ELECTING CITY RESIDENT S CORPORATION. THE CREDIT ALLOWED TO A TAXPAY-
ER UNDER THIS SUBSECTION SHALL NOT EXCEED THE DIRECT SHARE OF CITY PASS-
THROUGH ENTITY TAX REPORTED BY SUCH ELECTING CITY PARTNERSHIP OR ELECT-
ING CITY RESIDENT S CORPORATION ATTRIBUTABLE TO SUCH TAXPAYER ON SUCH
ELECTING CITY PARTNERSHIP OR ELECTING CITY RESIDENT S CORPORATION'S
RETURN FILED PURSUANT TO SECTION EIGHT HUNDRED SEVENTY-TWO OF THIS CHAP-
TER.
§ 4. Subsection (b) of section 1313 of the tax law, as amended by
section 8 of part C of chapter 58 of the laws of 2005, is amended to
read as follows:
(b) The comptroller shall retain in the comptroller's hands such
amount as the commissioner may determine to be necessary for refunds in
respect to the taxes imposed pursuant to the authority of this article
or former article two-E of the general city law and for reasonable costs
of the commissioner in administering, collecting and distributing such
taxes AND THE TAX IMPOSED PURSUANT TO ARTICLE TWENTY-FOUR-B OF THIS
CHAPTER, out of which the comptroller shall pay any refunds of such
taxes to which taxpayers shall be entitled under any law enacted pursu-
ant to the authority of this article or former article two-E of the
general city law.
§ 5. Subdivision 15 of section 2799-bb of the public authorities law,
as added by chapter 16 of the laws of 1997, is amended to read as
follows:
15. "Tax revenues" means the taxes paid or payable to the authority
pursuant to SUBSECTION (D) OF SECTION EIGHT HUNDRED SEVENTY-THREE, OR
section thirteen hundred thirteen, of the tax law and such other reven-
ues as the authority may derive directly from the state from taxes
imposed by the city or the state and collected by the state.
§ 6. Subdivision 5 of section 2799-hh of the public authorities law,
as added by chapter 16 of the laws of 1997, is amended to read as
follows:
5. Tax revenues received by the authority pursuant to SUBSECTION (D)
OF SECTION EIGHT HUNDRED SEVENTY-THREE, OR section thirteen hundred
thirteen, of the tax law, together with any alternative revenues
received by the authority, shall be applied in the following order of
priority: first pursuant to the authority's contracts with bondholders,
then to pay the authority's operating expenses not otherwise provided
for, and then pursuant to the authority's agreements with the city,
S. 8009--C 85 A. 9009--C
which agreements shall require the authority to transfer the balance of
such taxes not required to meet contractual or other obligations of the
authority to the city as frequently as practicable.
§ 7. Section 2799-ii of the public authorities law, as amended by
section 8 of part A of chapter 88 of the laws of 2000, is amended to
read as follows:
§ 2799-ii. Agreement with the state. The state does hereby pledge and
agree with the holders of any issue of bonds and/or bond anticipation
notes secured by such a pledge that the state will not limit or alter
the rights hereby vested in the authority to fulfill the terms of any
agreements made with such holders pursuant to this title, or in any way
impair the rights and remedies of such holders or the security for such
bonds and/or bond anticipation notes until such bonds and/or bond antic-
ipation notes, together with the interest thereon and all costs and
expenses in connection with any action or proceeding by or on behalf of
such holders, are fully paid and discharged. Nothing contained in this
section shall be deemed to restrict the right of the state to amend,
modify, repeal or otherwise alter statutes imposing or relating to the
taxes payable to the authority pursuant to SUBSECTION (D) OF SECTION
EIGHT HUNDRED SEVENTY-THREE AND section thirteen hundred thirteen of the
tax law, but such taxes shall in all events continue to be so payable so
long as any such taxes are imposed. Not less than thirty days prior to
the beginning of each city fiscal year, the chairperson of the authority
shall certify to the state comptroller, the governor, and the members of
the board of directors of the authority a schedule of maximum annual
debt service payments due on the bonds and notes of the corporation then
outstanding. To the extent that the tax revenues payable to the authori-
ty under SUBSECTION (D) OF SECTION EIGHT HUNDRED SEVENTY-THREE AND
section thirteen hundred thirteen of the tax law during such fiscal year
are projected by the mayor to be insufficient to meet at least one
hundred fifty percent of maximum annual debt service on authority bonds
then outstanding, the mayor shall so notify the state comptroller and
the state comptroller shall pay to the authority from alternative reven-
ues such amount as is necessary to provide at least one hundred fifty
percent of the maximum annual debt service; provided, however, that for
so long as any indebtedness of the municipal assistance corporation for
the city of New York remains outstanding no alternative revenues that
are, as of the effective date of this title, or may in the future be,
required to be deposited in the municipal assistance tax fund estab-
lished under section ninety-two-d of the state finance law shall be paid
to the authority except out of funds that are otherwise required to be
paid to the city under such section of the state finance law. Nothing in
this section shall be deemed to obligate the state to make any addi-
tional payments or impose any taxes to satisfy the debt service obli-
gations of the authority.
§ 8. Section 2799-jj of the public authorities law, as added by chap-
ter 16 of the laws of 1997, is amended to read as follows:
§ 2799-jj. Agreement with the city. The city is authorized to pledge
and agree with the holders of any issue of bonds and/or bond antic-
ipation notes secured by such a pledge that the city will not limit or
alter the rights hereby vested in the authority to fulfill the terms of
any agreements made with such holders pursuant to this title, or in any
way impair the rights and remedies of such holders or the security for
such bonds and/or bond anticipation notes until such bonds and/or bond
anticipation notes, together with the interest thereon and all costs and
expenses in connection with any action or proceeding by or on behalf of
S. 8009--C 86 A. 9009--C
such holders, are fully paid and discharged. Nothing contained in this
section shall be deemed to restrict any right the city may have to
amend, modify or otherwise alter local laws imposing or relating to the
taxes payable to the authority pursuant to SUBSECTION (D) OF SECTION
EIGHT HUNDRED SEVENTY-THREE OR section thirteen hundred thirteen of the
tax law so long as, after giving effect to such amendment, modification
or other alteration, the amount of tax revenues projected by the mayor
to be available to the authority during each of its fiscal years follow-
ing the effective date of such amendment, modification or other alter-
ation shall be not less than one hundred fifty percent of maximum annual
debt service on authority bonds then outstanding.
§ 9. Subparagraph 3 of paragraph (b) of subdivision 8 of section
11-602 of the administrative code of the city of New York, as amended by
chapter 525 of the laws of 1988, is amended to read as follows:
(3) taxes on or measured by profits or income paid or accrued to the
United States, any of its possessions or to any foreign country, includ-
ing taxes in lieu of any of the foregoing taxes otherwise generally
imposed by any foreign country or by any possession of the United
States, or taxes ON OR MEASURED BY PROFITS OR INCOME paid or accrued to
the state OR ANY SUBDIVISION THEREOF, INCLUDING TAXES PAID OR ACCRUED
under article nine, nine-A, thirteen-A, TWENTY-FOUR-A, TWENTY-FOUR-B OF
THE TAX LAW or UNDER ARTICLE thirty-two of the tax law AS SUCH ARTICLE
WAS IN EFFECT ON DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN,
§ 10. Paragraph 2 of subdivision (b) of section 11-641 of the adminis-
trative code of the city of New York, as amended by section 6 of part D
of chapter 60 of the laws of 2015, is amended to read as follows:
(2) taxes on or measured by income or profits paid or accrued within
the taxable year to the United States, or any of its possessions or to
any foreign country [and], taxes ON OR MEASURED BY INCOME OR PROFITS
PAID OR ACCRUED TO THE STATE OR ANY SUBDIVISION THEREOF, INCLUDING TAXES
imposed under article nine, nine-A, thirteen-A, TWENTY-FOUR-A, TWENTY-
FOUR-B OF THE TAX LAW, or UNDER ARTICLE thirty-two of the tax law as
SUCH ARTICLE WAS in effect on December thirty-first, two thousand four-
teen and any tax imposed under this part or subchapter two or three-A of
this chapter;
§ 11. Section 11-1706 of the administrative code of the city of New
York is amended by adding a new subdivision (g) to read as follows:
(G) CREDIT FOR CITY PASS-THROUGH ENTITY TAX. (1) A TAXPAYER WHO IS A
PARTNER OR MEMBER OF AN ELECTING CITY PARTNERSHIP AND A TAXPAYER SHARE-
HOLDER OF AN ELECTING CITY RESIDENT S CORPORATION SUBJECT TO TAX UNDER
ARTICLE TWENTY-FOUR-B OF THE TAX LAW SHALL BE ENTITLED TO A CREDIT
AGAINST THE TAX IMPOSED BY SUCH ARTICLE. FOR PURPOSES OF THIS SUBDIVI-
SION, THE TERMS "ELECTING CITY PARTNERSHIP," "ELECTING CITY RESIDENT S
CORPORATION," "CITY PASS-THROUGH ENTITY TAX," AND "DIRECT SHARE OF CITY
PASS-THROUGH ENTITY TAX" SHALL HAVE THE SAME MEANINGS AS USED IN ARTICLE
TWENTY-FOUR-B OF THE TAX LAW.
(2) THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PARTNER'S, MEMBER'S
OR SHAREHOLDER'S DIRECT SHARE OF THE CITY PASS-THROUGH ENTITY TAX.
(3) IF A TAXPAYER IS A PARTNER, MEMBER OR SHAREHOLDER IN MORE THAN ONE
ELECTING CITY PARTNERSHIP AND/OR ELECTING CITY RESIDENT S CORPORATION
THAT IS SUBJECT TO TAX PURSUANT TO ARTICLE TWENTY-FOUR-B OF THE TAX LAW,
THE AMOUNT OF THE CREDIT OF SUCH TAXPAYER SHALL BE EQUAL TO THE SUM OF
THE AMOUNTS OF SUCH CREDITS CALCULATED PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION WITH REGARD TO EACH ENTITY IN WHICH SUCH TAXPAYER HAS A
DIRECT OWNERSHIP INTEREST.
S. 8009--C 87 A. 9009--C
(4) IF THE AMOUNT OF THE CREDIT ALLOWABLE PURSUANT TO THIS SUBDIVISION
FOR ANY TAXABLE YEAR EXCEEDS THE TAX DUE FOR SUCH YEAR PURSUANT TO ARTI-
CLE TWENTY-FOUR-B OF THE TAX LAW, THE EXCESS AMOUNT SHALL BE TREATED AS
AN OVERPAYMENT, TO BE CREDITED OR REFUNDED, WITHOUT INTEREST.
(5) LIMITATION ON CREDIT. NO CREDIT SHALL BE ALLOWED TO A TAXPAYER
UNDER THIS SUBDIVISION UNLESS THE ELECTING CITY PARTNERSHIP OR ELECTING
CITY RESIDENT S CORPORATION PROVIDED SUFFICIENT INFORMATION TO IDENTIFY
SUCH TAXPAYER ON ITS CITY PASS-THROUGH ENTITY TAX RETURN AS REQUIRED
UNDER PARAGRAPH TWO OF SUBSECTION (C) OF SECTION EIGHT HUNDRED SEVENTY-
TWO OF THE TAX LAW FOR AN ELECTING CITY PARTNERSHIP OR PARAGRAPH TWO OF
SUBSECTION (D) OF SECTION EIGHT HUNDRED SEVENTY-TWO OF THE TAX LAW FOR
AN ELECTING CITY RESIDENT S CORPORATION. THE CREDIT ALLOWED TO A TAXPAY-
ER UNDER THIS SUBDIVISION SHALL NOT EXCEED THE DIRECT SHARE OF CITY
PASS-THROUGH ENTITY TAX REPORTED BY SUCH ELECTING CITY PARTNERSHIP OR
ELECTING CITY RESIDENT S CORPORATION ATTRIBUTABLE TO SUCH TAXPAYER ON
SUCH ELECTING CITY PARTNERSHIP'S OR SUCH ELECTING CITY RESIDENT S CORPO-
RATION'S RETURN FILED PURSUANT TO SECTION EIGHT HUNDRED SEVENTY-TWO OF
THE TAX LAW.
§ 12. This act shall take effect immediately and shall apply to taxa-
ble years beginning on or after January 1, 2023; provided, however, that
subparagraph 3 of paragraph (b) of subdivision 8 of section 11-602 of
the administrative code of the city of New York as amended by section
nine of this act and paragraph 2 of subdivision (b) of section 11-641 of
the administrative code of the city of New York as amended by section
ten of this act other than the amendments in those sections relating to
article 24-B of the tax law, shall be deemed to have been in full force
and effect on and after January 1, 2021.
§ 2. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART NN
Section 1. Subsection (c-1) of section 606 of the tax law is amended
by adding a new paragraph 4 to read as follows:
(4) (A) FOR TAX YEAR TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL
ISSUE A PAYMENT OF A SUPPLEMENTAL EMPIRE STATE CHILD CREDIT IN THE
AMOUNT OF (I) ONE HUNDRED PERCENT OF THE EMPIRE STATE CHILD CREDIT
CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE
FEDERAL ADJUSTED GROSS INCOME WAS LESS THAN TEN THOUSAND DOLLARS; (II)
SEVENTY-FIVE PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED AND
ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED
GROSS INCOME WAS GREATER THAN OR EQUAL TO TEN THOUSAND DOLLARS BUT LESS
THAN TWENTY-FIVE THOUSAND DOLLARS; (III) FIFTY PERCENT OF THE EMPIRE
STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO
TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS GREATER THAN OR EQUAL
TO TWENTY-FIVE THOUSAND DOLLARS BUT LESS THAN FIFTY THOUSAND DOLLARS;
AND (IV) TWENTY-FIVE PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED
AND ALLOWED PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL
ADJUSTED GROSS INCOME WAS GREATER THAN OR EQUAL TO FIFTY THOUSAND
DOLLARS. PROVIDED, HOWEVER, THAT NO PAYMENT SHALL BE ISSUED IF IT IS
LESS THAN TWENTY-FIVE DOLLARS.
(B) THE SUPPLEMENTAL PAYMENT PURSUANT TO THIS PARAGRAPH WILL BE
ALLOWED TO TAXPAYERS WHO TIMELY FILED RETURNS PURSUANT TO SECTION SIX
HUNDRED FIFTY-ONE OF THIS ARTICLE, DETERMINED WITH REGARD TO EXTENSIONS
PURSUANT TO SECTION SEX HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
S. 8009--C 88 A. 9009--C
§ 2. Subsection (d) of section 606 of the tax law is amended by adding
a new paragraph 8 to read as follows:
(8) FOR TAX YEAR TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL ISSUE
A PAYMENT OF A SUPPLEMENTAL EARNED INCOME TAX CREDIT TO RESIDENT TAXPAY-
ERS IN THE AMOUNT OF TWENTY-FIVE PERCENT OF THE EARNED INCOME TAX CREDIT
CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION. SUCH PAYMENT WILL BE
ALLOWED TO RESIDENT TAXPAYERS WHO TIMELY FILED RETURNS PURSUANT TO
SECTION SIX HUNDRED FIFTY-ONE OF THIS ARTICLE, DETERMINED WITH REGARD TO
EXTENSIONS PURSUANT TO SECTION SIX HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
PROVIDED, HOWEVER, THAT NO PAYMENT SHALL BE ISSUED IF IT IS LESS THAN
TWENTY-FIVE DOLLARS.
§ 3. Subsection (d-1) of section 606 of the tax law is amended by
adding a new paragraph 9 to read as follows:
(9) FOR TAX YEAR TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL ISSUE
A PAYMENT OF A SUPPLEMENTAL ENHANCED EARNED INCOME TAX CREDIT IN THE
AMOUNT OF TWENTY-FIVE PERCENT OF THE ENHANCED EARNED INCOME TAX CREDIT
CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION. SUCH PAYMENT WILL BE
ALLOWED TO TAXPAYERS WHO TIMELY FILED RETURNS PURSUANT TO SECTION SIX
HUNDRED FIFTY-ONE OF THIS ARTICLE, DETERMINED WITH REGARD TO EXTENSIONS
PURSUANT TO SECTION SIX HUNDRED FIFTY-SEVEN OF THIS ARTICLE. PROVIDED,
HOWEVER, THAT NO PAYMENT SHALL BE ISSUED IF IT IS LESS THAN TWENTY-FIVE
DOLLARS.
§ 4. This act shall take effect immediately.
PART OO
Section 1. The tax law is amended by adding a new section 45 to read
as follows:
§ 45. EMPIRE STATE DIGITAL GAMING MEDIA PRODUCTION CREDIT. (A) ALLOW-
ANCE OF CREDIT. (1) A TAXPAYER WHICH IS A DIGITAL GAMING MEDIA
PRODUCTION ENTITY ENGAGED IN QUALIFIED DIGITAL GAMING MEDIA PRODUCTION,
OR WHO IS A SOLE PROPRIETOR OF OR A MEMBER OF A PARTNERSHIP, WHICH IS A
DIGITAL GAMING MEDIA PRODUCTION ENTITY ENGAGED IN QUALIFIED DIGITAL
GAMING MEDIA PRODUCTION, AND IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR
TWENTY-TWO OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX
TO BE COMPUTED AS PROVIDED HEREIN FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND BEFORE JANUARY FIRST,
TWO THOUSAND TWENTY-EIGHT.
(2) THE AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
OF THE PRODUCT, IN THE CASE OF A TAXPAYER WHO IS A PARTNER IN A PARTNER-
SHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAP-
TER S CORPORATION) OF TWENTY-FIVE PERCENT AND THE QUALIFIED DIGITAL
GAMING MEDIA PRODUCTION COSTS OF ONE OR MORE QUALIFIED DIGITAL GAMING
MEDIA PRODUCTIONS.
(3) QUALIFIED DIGITAL GAMING MEDIA PRODUCTION COSTS FOR A QUALIFIED
DIGITAL GAMING MEDIA PRODUCTION INCURRED AND PAID IN THIS STATE BUT
OUTSIDE SUCH METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW SHALL BE
ELIGIBLE FOR A CREDIT OF TEN PERCENT OF SUCH ELIGIBLE PRODUCTION COSTS
IN ADDITION TO THE CREDIT SPECIFIED IN PARAGRAPH TWO OF THIS SUBDIVI-
SION.
(4) ALL APPLICANTS TO THIS PROGRAM ARE REQUIRED, AS A CONDITION OF
RECEIVING THE CREDIT, TO INCLUDE IN THE CREDITS OF EACH DIGITAL GAME
DEVELOPMENT MEDIA PRODUCTION LANGUAGE AND A LOGO TO BE PROVIDED BY THE
GOVERNOR'S OFFICE OF MOTION PICTURE AND TELEVISION DEVELOPMENT ACKNOWL-
EDGING THE STATE'S ROLE IN THE CREATION OF THE PRODUCTION.
S. 8009--C 89 A. 9009--C
(5) A QUALIFIED DIGITAL GAMING MEDIA PRODUCTION THAT HAS APPLIED FOR
CREDIT UNDER THE PROVISIONS OF THIS SECTION SHALL, AS A CONDITION FOR
THE GRANTING OF THE CREDIT, FILE A DIVERSITY PLAN WITH THE DEPARTMENT OF
ECONOMIC DEVELOPMENT OUTLINING SPECIFIC GOALS FOR HIRING A DIVERSE WORK-
FORCE. THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL PROMULGATE REGU-
LATIONS IMPLEMENTING THE REQUIREMENTS OF THIS PARAGRAPH, WHICH, NOTWITH-
STANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE
PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS, TO ENSURE COMPLI-
ANCE WITH THE PROVISIONS OF THIS PARAGRAPH. THE DEPARTMENT OF ECONOMIC
DEVELOPMENT SHALL REVIEW EACH SUBMITTED PLAN AS TO WHETHER IT MEETS THE
REQUIREMENTS ESTABLISHED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT,
AND SHALL VERIFY THAT THE APPLICANT HAS MET OR MADE GOOD-FAITH EFFORTS
IN ACHIEVING THESE GOALS.
(B) ALLOCATION OF CREDIT. THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED
UNDER THIS SECTION, SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B
AND SUBSECTION (NNN) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER IN ANY
TAXABLE YEAR SHALL BE FIVE MILLION DOLLARS. SUCH CREDIT SHALL BE ALLO-
CATED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT IN ORDER OF PRIORITY
BASED UPON THE DATE OF FILING AN APPLICATION FOR ALLOCATION OF DIGITAL
GAMING MEDIA PRODUCTION CREDIT WITH SUCH OFFICE. IF THE TOTAL AMOUNT OF
ALLOCATED CREDITS APPLIED FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGRE-
GATE AMOUNT OF TAX CREDITS ALLOWED FOR SUCH YEAR UNDER THIS SECTION,
SUCH EXCESS SHALL BE TREATED AS HAVING BEEN APPLIED FOR ON THE FIRST DAY
OF THE SUBSEQUENT TAXABLE YEAR.
(C) DEFINITIONS. AS USED IN THIS SECTION:
(1) "QUALIFIED DIGITAL GAMING MEDIA PRODUCTION" MEANS: (I) A WEBSITE,
THE DIGITAL MEDIA PRODUCTION COSTS OF WHICH ARE PAID OR INCURRED PREDO-
MINATELY IN CONNECTION WITH (A) VIDEO SIMULATION, ANIMATION, TEXT,
AUDIO, GRAPHICS OR SIMILAR GAMING RELATED PROPERTY EMBODIED IN DIGITAL
FORMAT, AND (B) INTERACTIVE FEATURES OF DIGITAL GAMING (E.G., LINKS,
MESSAGE BOARDS, COMMUNITIES OR CONTENT MANIPULATION); (II) VIDEO OR
INTERACTIVE GAMES PRODUCED PRIMARILY FOR DISTRIBUTION OVER THE INTERNET,
WIRELESS NETWORK OR SUCCESSORS THERETO; AND (III) ANIMATION, SIMULATION
OR EMBEDDED GRAPHICS DIGITAL GAMING RELATED SOFTWARE INTENDED FOR
COMMERCIAL DISTRIBUTION REGARDLESS OF MEDIUM; PROVIDED, HOWEVER, THAT
THE QUALIFIED DIGITAL GAME DEVELOPMENT MEDIA PRODUCTIONS DESCRIBED IN
SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARAGRAPH MUST HAVE DIGITAL
MEDIA PRODUCTION COSTS EQUAL TO OR IN EXCESS OF ONE HUNDRED THOUSAND
DOLLARS PER PRODUCTION. A QUALIFIED DIGITAL GAMING MEDIA PRODUCTION
DOES NOT INCLUDE A WEBSITE, VIDEO, INTERACTIVE GAME OR SOFTWARE THAT IS
USED PREDOMINATELY FOR: ELECTRONIC COMMERCE (RETAIL OR WHOLESALE
PURPOSES OTHER THAN THE SALE OF VIDEO INTERACTIVE GAMES), GAMBLING
(INCLUDING ACTIVITIES REGULATED BY A NEW YORK GAMING AGENCY), OR POLI-
TICAL ADVOCACY PURPOSES.
(2) "DIGITAL GAMING MEDIA PRODUCTION COSTS" MEANS ANY COSTS FOR WAGES
OR SALARIES PAID TO INDIVIDUALS, OTHER THAN ACTORS OR WRITERS, DIRECTLY
EMPLOYED FOR SERVICES PERFORMED BY THOSE INDIVIDUALS DIRECTLY AND
PREDOMINANTLY IN THE CREATION OF A DIGITAL GAMING MEDIA PRODUCTION OR
PRODUCTIONS. UP TO ONE HUNDRED THOUSAND DOLLARS IN WAGES AND SALARIES
PAID TO SUCH EMPLOYEES, OTHER THAN ACTORS AND WRITERS, DIRECTLY EMPLOYED
SHALL BE USED IN THE CALCULATION OF THIS CREDIT. DIGITAL GAMING MEDIA
PRODUCTION COSTS INCLUDE BUT SHALL NOT BE LIMITED TO PAYMENTS FOR
SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE DEVELOPMENT
(INCLUDING CONCEPT CREATION), DESIGN, PRODUCTION (INCLUDING CONCEPT
CREATION), DESIGN, PRODUCTION (INCLUDING TESTING), EDITING (INCLUDING
ENCODING) AND COMPOSITING (INCLUDING THE INTEGRATION OF DIGITAL FILES
S. 8009--C 90 A. 9009--C
FOR INTERACTION BY END USERS) OF DIGITAL GAMING MEDIA. DIGITAL GAMING
MEDIA PRODUCTION COSTS SHALL NOT INCLUDE EXPENSES INCURRED FOR THE
DISTRIBUTION, MARKETING, PROMOTION, OR ADVERTISING CONTENT GENERATED BY
END USERS, OTHER COSTS NOT DIRECTLY AND PREDOMINANTLY RELATED TO THE
CREATION, PRODUCTION OR MODIFICATION OF DIGITAL GAMING MEDIA OR COSTS
USED BY THE TAXPAYER AS A BASIS OF THE CALCULATION OF ANY OTHER TAX
CREDIT ALLOWED UNDER THIS CHAPTER. IN ADDITION, SALARIES OR OTHER
INCOME DISTRIBUTION RELATED TO THE CREATION OF DIGITAL GAMING MEDIA FOR
ANY PERSON WHO SERVES IN THE ROLE OF CHIEF EXECUTIVE OFFICER, CHIEF
FINANCIAL OFFICER, PRESIDENT, TREASURER OR SIMILAR POSITION SHALL NOT BE
INCLUDED AS DIGITAL GAMING MEDIA PRODUCTION COSTS IF THE DIGITAL GAMING
MEDIA PRODUCTION ENTITY HAS MORE THEN TEN EMPLOYEES. SALARIES OR OTHER
INCOME TO A PERSON SERVING IN SUCH A ROLE FOR THE DIGITAL GAMING MEDIA
PRODUCTION ENTITY SHALL ALSO NOT BE INCLUDED IF THE PERSON WAS EMPLOYED
BY A RELATED PERSON OF THE DIGITAL GAMING MEDIA PRODUCTION ENTITY WITH-
IN SIXTY MONTHS OF THE DATE THE DIGITAL GAMING MEDIA PRODUCTION ENTITY
APPLIED FOR THE TAX CREDIT CERTIFICATE DESCRIBED IN SUBDIVISION (D) OF
THIS SECTION. FOR PURPOSES OF THE PRECEDING SENTENCE, A RELATED PERSON
SHALL HAVE THE SAME MEANING AS THE TERM "RELATED PERSON" IN SECTION FOUR
HUNDRED SIXTY-FIVE OF THE INTERNAL REVENUE CODE. FURTHERMORE, ANY
INCOME OR OTHER DISTRIBUTION TO ANY INDIVIDUAL INCLUDING, BUT NOT LIMIT-
ED TO, LICENSING OR ROYALTY FEES, WHO HOLDS AN OWNERSHIP INTEREST IN A
DIGITAL GAMING MEDIA PRODUCTION ENTITY, WHETHER OR NOT SUCH INDIVIDUAL
IS SERVING IN THE ROLE OF CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFI-
CER, PRESIDENT, TREASURER OR SIMILAR POSITION FOR SUCH AN ENTITY, SHALL
NOT BE INCLUDED AS DIGITAL GAMING MEDIA PRODUCTION COSTS. UP TO FOUR
MILLION DOLLARS IN QUALIFIED DIGITAL GAMING MEDIA PRODUCTION COSTS PER
PRODUCTION SHALL BE USED IN THE CALCULATION OF THIS CREDIT. DIGITAL
GAMING MEDIA PRODUCTION COSTS SHALL NOT INCLUDE THOSE COSTS USED BY
THE TAXPAYER OR ANOTHER TAXPAYER AS THE BASIS CALCULATION OF ANY OTHER
TAX CREDIT ALLOWED UNDER THIS CHAPTER.
(3) "QUALIFIED DIGITAL GAMING MEDIA PRODUCTION COSTS" MEANS DIGITAL
GAMING MEDIA PRODUCTION COSTS ONLY TO THE EXTENT SUCH COSTS ARE ATTRIB-
UTABLE TO THE USE OF PROPERTY OR THE PERFORMANCE OF SERVICES BY ANY
PERSONS WITHIN THE STATE DIRECTLY AND PREDOMINANTLY IN THE CREATION,
PRODUCTION OR MODIFICATION OF DIGITAL GAMING RELATED MEDIA. SUCH TOTAL
PRODUCTION COSTS INCURRED AND PAID IN THIS STATE SHALL BE EQUAL TO OR
EXCEED SEVENTY-FIVE PERCENT OF TOTAL COST OF AN ELIGIBLE PRODUCTION
INCURRED AND PAID WITHIN AND WITHOUT THIS STATE.
(4) "DIGITAL GAMING MEDIA PRODUCTION ENTITY" MEANS A CORPORATION,
PARTNERSHIP, LIMITED PARTNERSHIP OR OTHER ENTITY OR INDIVIDUAL ENGAGED
IN QUALIFIED DIGITAL GAME DEVELOPMENT MEDIA PRODUCTION.
(D) TO BE ELIGIBLE FOR THE EMPIRE STATE DIGITAL GAMING MEDIA
PRODUCTION CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF
TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT, WHICH CERTIFICATE
SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED AND THE
TAXABLE YEAR IN WHICH IT SHALL BE CLAIMED. THE TAXPAYER SHALL BE ALLOWED
TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR
THAT TAXABLE YEAR. IN ORDER TO PROPERLY ADMINISTER THIS CREDIT, THE
DEPARTMENT SHALL BE ALLOWED TO EXCHANGE INFORMATION WITH THE DEPARTMENT
OF ECONOMIC DEVELOPMENT ABOUT THE TAXPAYERS CLAIMING THIS CREDIT,
INCLUDING INFORMATION ABOUT THE TAX CREDITS CLAIMED. A TAXPAYER THAT IS
A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR
SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIF-
ICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S
S. 8009--C 91 A. 9009--C
CORPORATION. THE TAXPAYER SHALL CLAIM THE TAX CREDIT IN THE TAXABLE YEAR
THAT BEGINS IN THE YEAR FOR WHICH IT IS ALLOCATED CREDIT UNDER THIS
SECTION.
(E) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE NINE-A: SECTION TWO HUNDRED TEN-B, SUBDIVISION FIFTY-FIVE.
(2) ARTICLE TWENTY-TWO: SECTION SIX HUNDRED SIX, SUBSECTION (I), PARA-
GRAPH ONE, SUBPARAGRAPH (B), CLAUSE (XLVI).
(3) ARTICLE TWENTY-TWO: SECTION SIX HUNDRED SIX, SUBSECTION (NNN).
§ 2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 55 to read as follows:
55. EMPIRE STATE DIGITAL GAMING MEDIA PRODUCTION CREDIT. (A) ALLOWANCE
OF CREDIT. A TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION FORTY-FIVE OF
THIS CHAPTER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN
SUCH SECTION FORTY-FIVE AGAINST THE TAX IMPOSED BY THIS ARTICLE. UNDER
NO CIRCUMSTANCES MAY A SINGLE TAXPAYER RECEIVE MORE THAN ONE MILLION
FIVE HUNDRED THOUSAND DOLLARS IN TAX CREDITS PER YEAR.
(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 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, THAT IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR REDUCES THE TAX TO SUCH AMOUNT, THE EXCESS 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, NO INTEREST SHALL BE PAID THEREON.
§ 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) EMPIRE STATE DIGITAL AMOUNT OF CREDIT
GAMING MEDIA PRODUCTION UNDER SUBDIVISION
CREDIT UNDER SUBSECTION (NNN) FIFTY-FIVE OF SECTION
TWO HUNDRED TEN-B
§ 4. Section 606 of the tax law is amended by adding a new subsection
(nnn) to read as follows:
(NNN) EMPIRE STATE DIGITAL GAMING MEDIA PRODUCTION CREDIT. (1) ALLOW-
ANCE OF CREDIT. A TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION FORTY-
FIVE OF THIS CHAPTER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS
PROVIDED IN SUCH SECTION FORTY-FIVE AGAINST THE TAX IMPOSED BY THIS
ARTICLE. UNDER NO CIRCUMSTANCES MAY A SINGLE TAXPAYER RECEIVE MORE THAN
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS IN TAX CREDITS PER YEAR.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE 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 CREDIT-
ED OR REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
§ 5. The state commissioner of economic development, after consulting
with the state commissioner of taxation and finance, shall promulgate
regulations by July 31, 2022 to establish procedures for the allocation
of tax credits as required by subdivision (a) of section 45 of the tax
law. Such rules and regulations shall include provisions describing the
application process, the due dates for such applications, the standards
which shall be used to evaluate the applications, the documentation that
will be provided to taxpayers by the department of economic development,
to substantiate to the New York state department of taxation and finance
S. 8009--C 92 A. 9009--C
the amount of tax credits allocated to such taxpayers, under what condi-
tions all or a portion of this tax credit may be revoked, and such other
provisions as deemed necessary and appropriate. Notwithstanding any
other provisions to the contrary in the state administrative procedure
act, such rules and regulations may be adopted on an emergency basis if
necessary to meet such July 31, 2022 deadline.
§ 6. The economic development law is amended by adding a new section
242 to read as follows:
§ 242. REPORTS ON THE DIGITAL GAMING INDUSTRIES IN NEW YORK. 1. THE
DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL FILE A REPORT ON A BIANNUAL
BASIS WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET AND THE CHAIR-
PERSONS OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND SENATE FINANCE
COMMITTEE. THE REPORT SHALL BE FILED NO LATER THAN THIRTY DAYS BEFORE
THE MID-POINT AND THE END OF THE STATE FISCAL YEAR. THE FIRST REPORT
SHALL COVER THE CALENDAR HALF YEAR THAT BEGINS ON JANUARY FIRST, TWO
THOUSAND TWENTY-FOUR. EACH REPORT MUST CONTAIN THE FOLLOWING INFORMA-
TION FOR THE COVERED CALENDAR HALF YEAR:
(A) THE TOTAL DOLLAR AMOUNT OF CREDITS ALLOCATED PURSUANT TO SECTION
FORTY-FIVE OF THE TAX LAW DURING THE HALF YEAR, BROKEN DOWN BY MONTH;
(B) THE NUMBER OF DIGITAL GAMING PROJECTS, WHICH HAVE BEEN ALLOCATED
TAX CREDITS OF LESS THAN ONE MILLION DOLLARS PER PROJECT, AND THE TOTAL
DOLLAR AMOUNT OF CREDITS ALLOCATED TO THOSE PROJECTS;
(C) THE NUMBER OF DIGITAL GAMING PROJECTS, WHICH HAVE BEEN ALLOCATED
TAX CREDITS OF MORE THAN ONE MILLION DOLLARS, AND THE TOTAL DOLLAR
AMOUNT OF CREDITS ALLOCATED TO THOSE PROJECTS;
(D) A LIST OF EACH ELIGIBLE DIGITAL GAMING PROJECT AND FOR EACH OF
THOSE PROJECTS, (I) THE ESTIMATED NUMBER OF EMPLOYEES ASSOCIATED WITH
THE PROJECT, (II) THE ESTIMATED QUALIFYING COSTS FOR THE PROJECT, (III)
THE ESTIMATED TOTAL COSTS OF THE PROJECT, (IV) THE CREDIT ELIGIBLE
EMPLOYEE HOURS FOR EACH PROJECT, AND (V) TOTAL WAGES FOR SUCH CREDIT
ELIGIBLE EMPLOYEE HOURS FOR EACH PROJECT; AND
(E) (I) THE NAME OF EACH TAXPAYER ALLOCATED A TAX CREDIT FOR EACH
PROJECT AND THE COUNTY OF RESIDENCE OR INCORPORATION OF SUCH TAXPAYER
OR, IF THE TAXPAYER DOES NOT RESIDE OR IS NOT INCORPORATED IN NEW YORK,
THE STATE OF RESIDENCE OR INCORPORATION; HOWEVER, IF THE TAXPAYER CLAIMS
A TAX CREDIT BECAUSE THE TAXPAYER IS A MEMBER OF A LIMITED LIABILITY
COMPANY, A PARTNER IN A PARTNERSHIP OR A SHAREHOLDER IN A SUBCHAPTER S
CORPORATION, THE NAME OF EACH LIMITED LIABILITY COMPANY, PARTNERSHIP OR
SUBCHAPTER S CORPORATION EARNING ANY OF THOSE TAX CREDITS MUST BE
INCLUDED IN THE REPORT INSTEAD OF INFORMATION ABOUT THE TAXPAYER CLAIM-
ING THE TAX CREDIT, (II) THE AMOUNT OF TAX CREDIT ALLOCATED TO EACH
TAXPAYER; PROVIDED HOWEVER, IF THE TAXPAYER CLAIMS A TAX CREDIT BECAUSE
THE TAXPAYER IS A MEMBER OF A LIMITED LIABILITY COMPANY, A PARTNER IN A
PARTNERSHIP OR A SHAREHOLDER IN A SUBCHAPTER S CORPORATION, THE AMOUNT
OF TAX CREDIT EARNED BY EACH ENTITY MUST BE INCLUDED IN THE REPORT
INSTEAD OF INFORMATION ABOUT THE TAXPAYER CLAIMING THE TAX CREDIT, AND
(III) INFORMATION IDENTIFYING THE PROJECT ASSOCIATED WITH EACH TAXPAYER
FOR WHICH A TAX CREDIT WAS CLAIMED UNDER SECTION FORTY-FIVE OF THE TAX
LAW.
2. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL FILE A REPORT ON A
TRIENNIAL BASIS WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET AND THE
CHAIRPERSONS OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND SENATE FINANCE
COMMITTEE. THE FIRST REPORT SHALL BE FILED NO LATER THAN MARCH FIRST,
TWO THOUSAND TWENTY-FIVE. THE REPORT MUST BE PREPARED BY AN INDEPENDENT
THIRD PARTY AUDITOR AND INCLUDE: (A) INFORMATION REGARDING THE EMPIRE
STATE DIGITAL GAMING PRODUCTION CREDIT PROGRAM INCLUDING THE EFFICIENCY
S. 8009--C 93 A. 9009--C
OF OPERATIONS, RELIABILITY OF FINANCIAL REPORTING, COMPLIANCE WITH LAWS
AND REGULATIONS AND DISTRIBUTION OF ASSETS AND FUNDS; (B) AN ECONOMIC
IMPACT STUDY PREPARED BY AN INDEPENDENT THIRD PARTY OF THE PROGRAM; AND
(C) ANY OTHER INFORMATION OR STATISTICAL INFORMATION THAT THE COMMIS-
SIONER OF ECONOMIC DEVELOPMENT DEEMS TO BE USEFUL IN ANALYZING THE
EFFECTS OF THE PROGRAMS.
3. IN THE EVENT THAT THIS TAX CREDIT PROGRAM IS NO LONGER LEGALLY IN
EFFECT, THE DEPARTMENT SHALL NOT BE REQUIRED TO PRODUCE THE REPORTS
REFERENCED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION.
§ 7. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2023 and before January 1, 2028.
PART PP
Section 1. Paragraph (a) of subdivision 9 of section 208 of the tax
law is amended by adding a new subparagraph 23 to read as follows:
(23) THE AMOUNT OF ANY FEDERAL DEDUCTION DISALLOWED PURSUANT TO
SECTION 280E OF THE INTERNAL REVENUE CODE RELATED TO THE PRODUCTION AND
DISTRIBUTION OF ADULT-USE CANNABIS PRODUCTS, AS DEFINED BY ARTICLE TWEN-
TY-C OF THIS CHAPTER, NOT USED AS THE BASIS FOR ANY OTHER TAX DEDUCTION,
EXEMPTION, OR CREDIT AND NOT OTHERWISE REQUIRED TO BE ADDED BACK BY
PARAGRAPH (B) OF THIS SUBDIVISION IN COMPUTING ENTIRE NET INCOME.
§ 2. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 46 to read as follows:
(46) THE AMOUNT OF ANY FEDERAL DEDUCTION DISALLOWED PURSUANT TO
SECTION 280E OF THE INTERNAL REVENUE CODE RELATED TO THE PRODUCTION AND
DISTRIBUTION OF ADULT-USE CANNABIS PRODUCTS, AS DEFINED BY ARTICLE TWEN-
TY-C OF THIS CHAPTER, NOT USED AS THE BASIS FOR ANY OTHER TAX DEDUCTION,
EXEMPTION, OR CREDIT AND NOT OTHERWISE REQUIRED TO BE ADDED BACK BY
SUBSECTION (B) OF THIS SECTION IN COMPUTING NEW YORK ADJUSTED GROSS
INCOME.
§ 3. This act shall take effect immediately and apply to taxable years
beginning on and after January 1, 2022.
PART QQ
Section 1. The opening paragraph of subdivision 7 of section 221 of
the racing, pari-mutuel wagering and breeding law, as separately amended
by chapter 243 and section 1 of part CC of chapter 59 of the laws of
2020, is amended to read as follows:
In order to pay the costs of the insurance required by this section
and by the workers' compensation law and to carry out its other powers
and duties and to pay for any of its liabilities under section four-
teen-a of the workers' compensation law, the New York Jockey Injury
Compensation Fund, Inc. shall ascertain the total funding necessary and
establish the sums that are to be paid by all owners and trainers
licensed or required to be licensed under section two hundred twenty of
this article, to obtain the total funding amount required annually. In
order to provide that any sum required to be paid by an owner or trainer
is equitable, the fund shall establish payment schedules that reflect
such factors as are appropriate, including where applicable, the
geographic location of the racing corporation at which the owner or
trainer participates, the duration of such participation, the amount of
any purse earnings, the number of horses involved, or such other factors
as the fund shall determine to be fair, equitable and in the best inter-
ests of racing. In no event shall the amount deducted from an owner's
S. 8009--C 94 A. 9009--C
share of purses exceed two percent; provided, however, [for two thousand
twenty and two thousand twenty-one] THROUGH CALENDAR YEAR TWO THOUSAND
TWENTY-FIVE, the New York Jockey Injury Compensation Fund, Inc. may use
up to two million dollars from the account established pursuant to
subdivision nine of section two hundred eight of this article to pay the
annual costs required by this section and the funds from such account
shall not count against the two percent of purses deducted from an
owner's share of purses. The amount deducted from an owner's share of
purses shall not exceed one percent after April first, two thousand
twenty-four. In the cases of multiple ownerships and limited racing
appearances, the fund shall equitably adjust the sum required.
§ 2. Paragraph (a) of subdivision 9 of section 208 of the racing,
pari-mutuel wagering and breeding law, as amended by section 2 of part
CC of chapter 59 of the laws of 2020, is amended to read as follows:
(a) The franchised corporation shall maintain a separate account for
all funds held on deposit in trust by the corporation for individual
horsemen's accounts. Purse funds shall be paid by the corporation as
required to meet its purse payment obligations. Funds held in horsemen's
accounts shall only be released or applied as requested and directed by
the individual horseman. [For two thousand twenty and two thousand twen-
ty-one] THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FIVE the New York
Jockey Injury Compensation Fund, Inc. may use up to two million dollars
from the account established pursuant to this subdivision to pay the
annual costs required by section two hundred twenty-one of this article.
§ 3. This act shall take effect immediately.
PART RR
Section 1. The tax law is amended by adding a new section 47 to read
as follows:
§ 47. SUSPENSION OF CERTAIN TAXES ON MOTOR FUEL AND DIESEL MOTOR FUEL.
(A) DEFINITIONS. FOR PURPOSES OF THIS SECTION:
(1) "DISTRIBUTOR" SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED
IN SUBDIVISION ONE OF SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER;
(2) "MOTOR FUEL" SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED
IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER;
(3) "DIESEL MOTOR FUEL" SHALL MEAN "HIGHWAY DIESEL MOTOR FUEL" AS
DEFINED IN SUBDIVISION SIXTEEN-A OF SECTION TWO HUNDRED EIGHTY-TWO OF
THIS CHAPTER;
(4) THE TERMS "RETAIL SALE", "SALE" AND "USE" SHALL HAVE THE SAME
MEANINGS AS THOSE TERMS ARE DEFINED IN SECTION ELEVEN HUNDRED ONE OF
THIS CHAPTER.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE FOLLOWING TAXES
SHALL BE SUSPENDED BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY-TWO AND
ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO: (1) THE TAXES
IMPOSED ON DIESEL MOTOR FUEL BY SUBDIVISION ONE OF SECTION TWO HUNDRED
EIGHTY-TWO-A, AND SECTIONS TWO HUNDRED EIGHTY-TWO-B AND TWO HUNDRED
EIGHTY-TWO-C OF THIS CHAPTER; (2) THE TAXES IMPOSED ON MOTOR FUEL BY
SECTIONS TWO HUNDRED EIGHTY-FOUR, TWO HUNDRED EIGHTY-FOUR-A AND TWO
HUNDRED EIGHTY-FOUR-C OF THIS CHAPTER; AND (3) THE PREPAID SALES TAXES
IMPOSED ON MOTOR FUEL AND DIESEL MOTOR FUEL BY SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED TWO OF THIS CHAPTER.
(C) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, BEGINNING ON JUNE
FIRST, TWO THOUSAND TWENTY-TWO AND ENDING ON DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-TWO, THE STATE SALES AND USE TAXES IMPOSED BY SECTIONS
ELEVEN HUNDRED FIVE, ELEVEN HUNDRED NINE AND ELEVEN HUNDRED TEN OF THIS
S. 8009--C 95 A. 9009--C
CHAPTER SHALL NOT APPLY TO SALES OR USES OF MOTOR FUEL OR DIESEL MOTOR
FUEL, AND THE PROVISIONS OF SUBDIVISION (E), AND PARAGRAPHS ONE AND TWO
OF SUBDIVISION (M) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER
SHALL BE SUSPENDED. NOTHING IN THIS SUBDIVISION SHALL AFFECT THE APPLI-
CATION OF THE TAXES IMPOSED PURSUANT TO THE AUTHORITY OF ARTICLE TWEN-
TY-NINE OF THIS CHAPTER TO MOTOR FUEL OR DIESEL MOTOR FUEL.
(D) THE TAXES DESCRIBED IN SUBDIVISIONS (B) AND (C) OF THIS SECTION
SHALL NOT BE INCLUDED IN THE PRICE OF MOTOR FUEL OR DIESEL MOTOR FUEL
SOLD FOR THE PERIOD BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY-TWO AND
ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO. ANY RETAILER
THAT PURCHASES MOTOR FUEL OR DIESEL MOTOR FUEL DURING SUCH PERIOD UPON
WHICH SUCH TAXES WERE PREVIOUSLY PAID AND INCLUDED IN THE PRICE PAID BY
SUCH RETAILER SHALL BE ENTITLED TO A REFUND OR CREDIT OF SUCH TAXES.
(E) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, BEGINNING ON JUNE
FIRST, TWO THOUSAND TWENTY-TWO AND ENDING ON DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-TWO, THE COMPOSITE RATES OF TAX APPLICABLE FOR PURPOSES
OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE-A AND SUBDIVISION (B)
OF SECTION FIVE HUNDRED TWENTY-THREE OF THIS CHAPTER SHALL BE DETERMINED
WITHOUT REFERENCE TO THE SUSPENSION OF THE TAXES DESCRIBED BY SUBDIVI-
SIONS (B) AND (C) OF THIS SECTION, BUT SHALL BE COMPUTED USING THE
RESPECTIVE RATES IN EFFECT ON MAY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON OR
BEFORE THE FIFTH DAY EACH MONTH FOR THE PERIOD BEGINNING JULY, TWO THOU-
SAND TWENTY-TWO AND ENDING JANUARY, TWO THOUSAND TWENTY-THREE, THE COMP-
TROLLER SHALL, IN CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF THE
BUDGET, TRANSFER FROM THE GENERAL FUND TO THE MASS TRANSPORTATION OPER-
ATING ASSISTANCE FUND CREATED BY SECTION EIGHTY-EIGHT-A OF THE STATE
FINANCE LAW, THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED BY
SECTION EIGHTY-NINE-B OF SUCH LAW, AND THE DEDICATED MASS TRANSPORTATION
TRUST FUND ESTABLISHED BY SECTION EIGHTY-NINE-C OF SUCH LAW, AMOUNTS
EQUAL TO THE REVENUE DISTRIBUTED TO SUCH FUNDS FROM THE TAXES DESCRIBED
IN SUBDIVISIONS (B) AND (C) OF THIS SECTION IN STATE FISCAL YEAR TWO
THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO, ADJUSTED BY THE CHANGE IN
SUCH AMOUNTS PROJECTED FOR STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--
TWO THOUSAND TWENTY-THREE AS IF THE SUSPENSION OF SUCH TAXES HAD NOT
OCCURRED, AS REFLECTED IN THE STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO-
-TWO THOUSAND TWENTY-THREE ENACTED BUDGET.
(G) EVERY PERSON ENGAGED IN THE RETAIL SALE OF MOTOR FUEL OR DIESEL
MOTOR FUEL OR A DISTRIBUTOR OF SUCH FUELS, SHALL COMPLY WITH THE
PROVISIONS OF THIS SECTION BY REDUCING THE PRICES CHARGED FOR MOTOR FUEL
AND DIESEL MOTOR FUEL IN AN AMOUNT EQUAL TO ANY REDUCTION IN TAXES
PREPAID BY THE DISTRIBUTOR OR IMPOSED ON RETAIL CUSTOMERS RESULTING FROM
THE SUSPENSION OF TAXES ON MOTOR FUEL AND DIESEL MOTOR FUEL UNDER THIS
SECTION.
§ 2. Paragraph 4 of subdivision (m) of section 1111 of the tax law, as
amended by section 1 of part M-1 of chapter 109 of the laws of 2006, is
amended to read as follows:
(4) Paragraph one of this subdivision shall not apply to the sales and
compensating use taxes imposed by a local law, ordinance or resolution
of a municipality pursuant to the authority of subpart B of part one of
article twenty-nine of this chapter, in regard to retail sales of motor
fuel and diesel motor fuel. The legislative body of such a municipality,
by local law, ordinance or resolution in exactly the form prepared by
the commissioner, may elect that its sales and compensating use taxes,
in regard to the retail sale of motor fuel and diesel motor fuel, shall
be computed, as determined by the commissioner, at a rate of cents per
S. 8009--C 96 A. 9009--C
gallon, rounded to the nearest cent, equal to two [or], three OR FOUR
dollars, as determined by the municipality, multiplied by the percentage
rate of such taxes within the municipality.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through RR of this act shall be
as specifically set forth in the last section of such Parts.