Bill Text: NY A04443 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A04443 Detail]

Download: New_York-2023-A04443-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4443

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Ways and Means

        AN ACT to amend  the  tax  law,  in  relation  to  establishing  a  fine
          reimbursement  credit  for  taxpayers  fined  for  operating  a bar or
          restaurant during the COVID-19 pandemic

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  606  of  the  tax law is amended by adding a new
     2  subsection (ooo) to read as follows:
     3    (ooo) Fine reimbursement credit. (1) For taxable years beginning Janu-
     4  ary first, two thousand twenty and  ending  before  January  first,  two
     5  thousand  twenty-four,  a  taxpayer  who  has been levied a fine between
     6  March fifteenth, two thousand twenty and April fifteenth,  two  thousand
     7  twenty-one  for a violation of executive order number two hundred two of
     8  two thousand twenty or any subsequent order relating to the operation of
     9  a bar or restaurant during the COVID-19  pandemic  shall  be  allowed  a
    10  credit  against  the  tax  imposed by this article in the amount of such
    11  fine. The commissioner of taxation and finance, in consultation with the
    12  commissioners of the state liquor authority, shall have the authority to
    13  promulgate any rules or regulations necessary for the processing, deter-
    14  mination, and granting of credits and refunds under this subsection.
    15    (2) If the amount of credit allowed  under  this  subsection  for  any
    16  taxable year exceeds the taxpayer's tax for the taxable year, the excess
    17  shall  be treated as an overpayment of tax to be credited or refunded in
    18  accordance with the provisions of section six hundred eighty-six of this
    19  article, provided, however, no interest will be paid thereon.
    20    § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
    21  sion 59 to read as follows:
    22    59. Fine reimbursement credit. (1) For taxable years beginning January
    23  first, two thousand twenty and ending before January first, two thousand
    24  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
        A. 4443                             2

     1  fifteenth, two thousand twenty and April fifteenth, two  thousand  twen-
     2  ty-one  for a violation of executive order number two hundred two of two
     3  thousand twenty or any subsequent order relating to the operation  of  a
     4  bar or restaurant during the COVID-19 pandemic shall be allowed a credit
     5  against  the tax imposed by this article in the amount of such fine. The
     6  commissioner of taxation and finance, in consultation with  the  commis-
     7  sioners  of  the  state  liquor  authority,  shall have the authority to
     8  promulgate any rules or regulations necessary for the processing, deter-
     9  mination, and granting of credits and refunds under this subdivision.
    10    (2) If the amount of credit allowed under  this  subdivision  for  any
    11  taxable year exceeds the taxpayer's tax for the taxable year, the excess
    12  shall  be treated as an overpayment of tax to be credited or refunded in
    13  accordance with the provisions of section six hundred eighty-six of this
    14  chapter, provided, however, no interest will be paid thereon.
    15    § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    16  of the tax law is amended by adding a new clause (l) to read as follows:
    17  (l) Fine reimbursement credit        Amount of credit
    18  under subsection (ooo)               under subdivision
    19                                       fifty-nine of section two
    20                                       hundred ten-b
    21    § 4. This act shall take effect immediately.