§ 77. Annual license fee. 1. Each cooperative corporation organized,
with or without capital stock, for the purpose of cooperative marketing
of agricultural products or for the purpose of making loans to its
members producing agricultural products or for the purpose of purchasing
food products for sale to its members, such a purchasing cooperative
corporation having gross receipts from such sales of less than five
hundred thousand dollars in a calendar year, shall pay to the
commissioner of taxation and finance an annual fee of ten dollars, in
lieu of all franchise or license or corporation taxes.

2. Each cooperative corporation organized without capital stock, with
federal internal revenue code section 501(c)12 status, for the purpose
of producing and/or distributing district heating and/or cooling service
solely for the use of its members where: (a) the heating or cooling
facility of such cooperative corporation is located in a city with a
population of more than two hundred thousand and less than three hundred
thousand and (b) either (i) at least thirty-five percent of such heating
and/or cooling service as measured by relative thermal usage is
distributed to and used by members which qualify as organizations
described in paragraph one, two or four of subdivision (a) of section
eleven hundred sixteen of the tax law, or which qualify as cooperative
corporations organized without capital stock with federal internal
revenue code section 501(c)12 status, or (ii) is a member of a
cooperative corporation organized without capital stock which satisfies
the requirements of clause (a) and item (i) of clause (b) of this
subdivision shall pay to the commissioner of taxation and finance an
annual fee of ten dollars, in lieu of all franchise, license or
corporation taxes, or the tax imposed under section one hundred
eighty-six-a of the tax law.

3. Such annual fee shall be paid for each calendar year on the
fifteenth day of March next succeeding the close of such calendar year
but shall not be payable after January first, two thousand twenty;
provided, however, that cooperative corporations described in
subdivisions one or two of this section shall continue to not be subject
to the franchise, license, and corporation taxes referenced in such
subdivisions or, in the case of cooperative cooperations described in
subdivision two of this section, the tax imposed under section
one-hundred eighty-six-a of the tax law.