Bill Text: NY A01312 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates a local produce tax credit; provides that restaurants may claim the local produce tax credit in the amount of $100 for every $1,000 of local produce purchased for the restaurant; defines local produce as produce grown by a producer with the pride of NY symbol of the business claiming the local produce tax credit within NYS; requires the business to submit a report with tax returns stating the nature of the business, the name and location of the producer and the amount paid for the produce.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - referred to ways and means [A01312 Detail]
Download: New_York-2013-A01312-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1312
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ZEBROWSKI, LUPARDO, BARRETT -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a local produce tax
credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 210 of the tax law is amended by adding a new
2 subdivision 46 to read as follows:
3 46. LOCAL PRODUCE TAX CREDIT. (A) RESTAURANTS, TAVERNS, CAFETERIAS OR
4 OTHER BUSINESSES ENGAGED IN THE SALE OF FOODS PREPARED AND READY TO BE
5 EATEN MAY CLAIM THE LOCAL PRODUCE TAX CREDIT AGAINST THE TAX IMPOSED BY
6 THIS ARTICLE AT THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER, THAT THE
7 UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT BE CARRIED FORWARD
8 AND APPLIED IN ANOTHER TAX YEAR.
9 (B) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
10 THE FOLLOWING MEANINGS:
11 (1) "LOCAL PRODUCE" IS PRODUCE GROWN BY A PRODUCER WITH THE PRIDE OF
12 NEW YORK SYMBOL OF THE BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT
13 WITHIN THE STATE OF NEW YORK, FROM SEED OR CONCEPTION THROUGH FINAL
14 PRODUCT.
15 (2) "PRODUCER" IS AN INDIVIDUAL (WHETHER ACTING INDIVIDUALLY OR
16 THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP, BUSINESS ASSOCIATION,
17 OR EDUCATIONAL INSTITUTION) WHO IS A FARMER, STUDENT FARMER OR MANUFAC-
18 TURER OF FOODS OR GOODS IN NEW YORK STATE. IT SHALL NOT, HOWEVER,
19 INCLUDE A WHOLESALER OR DISTRIBUTOR.
20 (C) THE AMOUNT OF THE CREDIT SHALL BE ONE HUNDRED DOLLARS FOR EVERY
21 PURCHASE BY A BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT OF LOCAL
22 PRODUCE FOR SALE AT THE BUSINESS IN THE AGGREGATE AMOUNT OF ONE THOUSAND
23 DOLLARS OR MORE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00505-01-3
A. 1312 2
1 (D) BUSINESSES CLAIMING THE LOCAL PRODUCE TAX CREDIT SHALL SUBMIT A
2 COMPUTER-GENERATED REPORT WITH TAX RETURNS THAT CLAIM A TAX CREDIT. SUCH
3 REPORT SHALL INCLUDE THE NATURE OF THE BUSINESS, THE NAME OF THE PRODUC-
4 ER AND THE PHYSICAL PLACE OF THE BUSINESS WHERE THE PRODUCTS ARE
5 PRODUCED AND THE AMOUNT PAID BY THE BUSINESS TO THE PRODUCER AND THE
6 AMOUNT OF UNITS PURCHASED.
7 S 2. Section 606 of the tax law is amended by adding a new subsection
8 (vv) to read as follows:
9 (VV) LOCAL PRODUCE TAX CREDIT. (1) RESTAURANTS, TAVERNS, CAFETERIAS OR
10 OTHER BUSINESSES ENGAGED IN THE SALE OF FOODS PREPARED AND READY TO BE
11 EATEN MAY CLAIM THE LOCAL PRODUCE TAX CREDIT AGAINST THE TAX IMPOSED BY
12 THIS ARTICLE AT THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER, THAT THE
13 UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT BE CARRIED FORWARD
14 AND APPLIED IN ANOTHER TAX YEAR.
15 (2) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
16 THE FOLLOWING MEANINGS:
17 (A) "LOCAL PRODUCE" IS PRODUCE GROWN BY A PRODUCER WITH THE PRIDE OF
18 NEW YORK SYMBOL OF THE BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT
19 WITHIN THE STATE OF NEW YORK, FROM SEED OR CONCEPTION THROUGH FINAL
20 PRODUCT.
21 (B) "PRODUCER" IS AN INDIVIDUAL (WHETHER ACTING INDIVIDUALLY OR
22 THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP, BUSINESS ASSOCIATION,
23 OR EDUCATIONAL INSTITUTION) WHO IS A FARMER, STUDENT FARMER OR MANUFAC-
24 TURER OF FOODS OR GOODS IN NEW YORK STATE. IT SHALL NOT, HOWEVER,
25 INCLUDE A WHOLESALER OR DISTRIBUTOR.
26 (3) THE AMOUNT OF THE CREDIT SHALL BE ONE HUNDRED DOLLARS FOR EVERY
27 PURCHASE BY A BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT OF LOCAL
28 PRODUCE FOR SALE AT THE BUSINESS IN THE AGGREGATE AMOUNT OF ONE THOUSAND
29 DOLLARS OR MORE.
30 (4) BUSINESSES CLAIMING THE LOCAL PRODUCE TAX CREDIT SHALL SUBMIT A
31 COMPUTER-GENERATED REPORT WITH TAX RETURNS THAT CLAIM A TAX CREDIT. SUCH
32 REPORT SHALL INCLUDE THE NATURE OF THE BUSINESS, THE NAME OF THE PROCE-
33 DURE AND THE PHYSICAL PLACE OF THE BUSINESS WHERE THE PRODUCTS ARE
34 PRODUCED AND THE AMOUNT PAID BY THE BUSINESS TO THE PRODUCER AND THE
35 AMOUNT OF UNITS PURCHASED.
36 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
37 of the tax law is amended by adding a new clause (xxxv) to read as
38 follows:
39 (XXXV) LOCAL PRODUCE TAX CREDIT AMOUNT OF CREDIT UNDER
40 UNDER SUBSECTION (VV) SUBDIVISION FORTY-SIX OF
41 SECTION TWO HUNDRED TEN
42 S 4. This act shall take effect immediately.
