NY State Senate Bill 2023-S5755

Senate Bill S5755

2023-2024 Legislative Session

Establishes a fine reimbursement credit for taxpayers fined for operating a bar or restaurant during the COVID-19 pandemic

download bill text pdf

Current Bill Status - In Senate Committee Budget And Revenue Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to budget and revenue
Mar 15, 2023	referred to budget and revenue

2023-S5755 (ACTIVE) - Details

See Assembly Version of this Bill:: A4443
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §§606 & 210-B, Tax L
Versions Introduced in 2021-2022 Legislative Session:: A7026

2023-S5755 (ACTIVE) - Summary

Establishes a fine reimbursement credit for taxpayers fined for operating a bar or restaurant during the COVID-19 pandemic in the amount of such fine.

2023-S5755 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5755

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the tax law, in relation to establishing a fine
reimbursement credit for taxpayers fined for operating a bar or restau-
rant during the COVID-19 pandemic

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a fine reimbursement credit for taxpayers fined for operat-
ing a bar or restaurant during the COVID-19 pandemic

 
SUMMARY OF PROVISIONS:

Section 1. Section 606 of the tax law is amended by adding a new
subsection (kkk).

A fine reimbursement credit for taxable years beginning January 1, 2020
and ending before January 1, 2022, a taxpayer who was fined between
March 15, 2020 and April 15, 2021 for a violation of executive order 202

of 2020 or any subsequent order relating to the operation of a bar or
restaurant during the Covid-19 pandemic shall be allowed a credit
against the tax imposed by this article in the amount of the fine. The
commissioner of taxation and finance, in consultation with the commis-
sioner of the state liquor authority, has the authority to determine any
rules or regulations necessary for the processing, determination, and
granting of credits and refunds under this subsection.

If the amount of the credit allowed for any taxable year exceeds the
taxpayer's tax for the taxable year, the excess shall be treated as an
overpayment of tax to be credited or refunded, however, no interest will
be paid.

Section 2. Section 210-B of the tax law is amended by adding a new
subdivision 55.

Fine reimbursement credit for taxable years beginning January 1, 2020
and ending before January 1, 2022, a taxpayer who has been levied a fine
between March 15, 2020 and April 15, 2021, for a violation relating to
the operation of a bar or restaurant during the Covid-19 pandemic shall
be allowed a credit against the tax imposed by this article in the
amount of the fine. The commissioner of taxation and finance, in consul-
tation with the commissioner of the state liquor authority, has the
authority to determine any rules or regulations necessary for the proc-
essing, determination, and granting of credits and refunds under this
subdivision.

If the amount of the credit allowed under this subdivision for any taxa-
ble year exceeds the taxpayer's tax for the taxable year, the excess
shall be treated as an overpayment of tax to be credited or refunded,
however, no interest will be paid.

Section 3. This act shall take effect immediately

 
JUSTIFICATION:


During the Covid-19 pandemic, one of the hardest hit business sectors
was the bar and restaurant industry. In order to stimulate the economy
and assist in the re-opening of, these essential businesses within our
communities, it is imperative that these establishments receive a fine
reimbursement in order to compensate for the monetary losses they
suffered needlessly during the lock-downs.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A7026 held for consideration in Ways & Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S5755 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5755
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend  the  tax  law,  in  relation  to  establishing  a  fine
   reimbursement  credit  for  taxpayers  fined  for  operating  a bar or
   restaurant during the COVID-19 pandemic

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ooo) to read as follows:
   (OOO) FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANU-
 ARY FIRST, TWO THOUSAND TWENTY AND  ENDING  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  A  TAXPAYER  WHO  HAS BEEN LEVIED A FINE BETWEEN
 MARCH FIFTEENTH, TWO THOUSAND TWENTY AND APRIL FIFTEENTH,  TWO  THOUSAND
 TWENTY-ONE  FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF
 TWO THOUSAND TWENTY OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION OF
 A BAR OR RESTAURANT DURING THE COVID-19  PANDEMIC  SHALL  BE  ALLOWED  A
 CREDIT  AGAINST  THE  TAX  IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH
 FINE. THE COMMISSIONER OF TAXATION AND FINANCE, IN CONSULTATION WITH THE
 COMMISSIONERS OF THE STATE LIQUOR AUTHORITY, SHALL HAVE THE AUTHORITY TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBSECTION.
   (2) IF THE AMOUNT OF CREDIT ALLOWED  UNDER  THIS  SUBSECTION  FOR  ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, THE EXCESS
 SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 59 to read as follows:
   59. FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANUARY
 FIRST, TWO THOUSAND TWENTY AND ENDING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR,  A  TAXPAYER  WHO  HAS  BEEN  LEVIED  A  FINE BETWEEN MARCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03900-01-3

 S. 5755                             2
 
 FIFTEENTH, TWO THOUSAND TWENTY AND APRIL FIFTEENTH, TWO  THOUSAND  TWEN-
 TY-ONE  FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO
 THOUSAND TWENTY OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION  OF  A
 BAR OR RESTAURANT DURING THE COVID-19 PANDEMIC SHALL BE ALLOWED A CREDIT
 AGAINST  THE TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH FINE. THE
 COMMISSIONER OF TAXATION AND FINANCE, IN CONSULTATION WITH  THE  COMMIS-
 SIONERS  OF  THE  STATE  LIQUOR  AUTHORITY,  SHALL HAVE THE AUTHORITY TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBDIVISION.
   (2) IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS  SUBDIVISION  FOR  ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, THE EXCESS
 SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 CHAPTER, PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of the tax law is amended by adding a new clause (l) to read as follows:
 (L) FINE REIMBURSEMENT CREDIT        AMOUNT OF CREDIT
 UNDER SUBSECTION (OOO)               UNDER SUBDIVISION
                                      FIFTY-NINE OF SECTION TWO
                                      HUNDRED TEN-B
   § 4. This act shall take effect immediately.

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