Bill Text: NY A06547 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the small business relief act; establishes the credit for college to work program; authorizes certain counties to impose taxes at a lower rate than the uniform local rate; relates to research and development commercialization enterprises; exempts equipment with a purchase price of five hundred dollars or more purchased by any company located in an incubator facility that is associated with a college; provides a small business electric energy credit; eliminates the residential restriction on heating exemptions.
Spectrum: Partisan Bill (Republican 39-1)
Status: (Introduced - Dead) 2010-04-26 - held for consideration in ways and means [A06547 Detail]
Download: New_York-2009-A06547-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6547
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. REILICH, TEDISCO, KOLB, BUTLER, HAYES -- Multi-
Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES, BALL, BARCLAY,
BARRA, BOYLE, BURLING, CALHOUN, CONTE, CORWIN, CROUCH, DUPREY, ERRIGO,
FINCH, GIGLIO, HAWLEY, JORDAN, P. LOPEZ, McDONOUGH, McKEVITT, MILLER,
MOLINARO, OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO, SAYWARD, SCOZ-
ZAFAVA, THIELE, TOBACCO, TOWNSEND, WALKER -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the computation of tax (Part
A); to amend the tax law, in relation to the credit for college work
program (Part B); to amend the tax law, in relation to authorizing
counties to impose certain taxes at a lower rate than the uniform
local rate (Part C); to amend the tax law, in relation to increasing
the amount of tax (Part D); to amend the general municipal law and the
tax law, in relation to research and development commercialization
enterprises (Part E); to amend the tax law, in relation to certain
taxes (Part F); to amend the tax law, in relation to exempting certain
equipment from taxes (Part G); to amend the tax law, in relation to a
small business electric energy tax credit (Part H); to amend the tax
law, in relation to eliminating the residential restriction for heat-
ing exemptions (Part I); to amend the tax law, in relation to estab-
lishing a credit for on-the-job training (Part J); and to amend the
real property tax law, in relation to extending the benefits of the
STAR program to small businesses (Part K)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law components of legislation relating
2 to the "small business relief act of 2009". Each component is wholly
3 contained within a Part identified as Parts A through K. The effective
4 date for each particular provision contained within such Part is set
5 forth in the last section of such Part. Any provision in any section
6 contained within a Part, including the effective date of the Part, which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05190-03-9
A. 6547 2
1 makes reference to a section "of this act", when used in connection with
2 that particular component, shall be deemed to mean and refer to the
3 corresponding section of the Part in which it is found. Section three of
4 this act sets forth the general effective date of this act.
5 PART A
6 Section 1. Subparagraphs (iii) and (iv) of paragraph (a) of subdivi-
7 sion 1 of section 210 of the tax law, as amended by section 2 of part N
8 of chapter 60 of the laws of 2007, are amended to read as follows:
9 (iii) for taxable years beginning on or after January first, two thou-
10 sand five [and ending before January first, two thousand seven], if the
11 entire net income base is not more than two hundred ninety thousand
12 dollars the amount shall be six and one-half percent of the entire net
13 income base; if the entire net income base is more than two hundred
14 ninety thousand dollars but not over three hundred ninety thousand
15 dollars the amount shall be the sum of (1) eighteen thousand eight
16 hundred fifty dollars, (2) seven and one-half percent of the excess of
17 the entire net income base over two hundred ninety thousand dollars but
18 not over three hundred ninety thousand dollars and (3) seven and one-
19 quarter percent of the excess of the entire net income base over three
20 hundred fifty thousand dollars but not over three hundred ninety thou-
21 sand dollars;
22 (iv) for taxable years beginning on or after [January first, two thou-
23 sand seven] JUNE THIRTIETH, TWO THOUSAND TEN, if the entire net income
24 base is not more than two hundred ninety thousand dollars the amount
25 shall be [six and one-half] FIVE AND EIGHTY-FIVE HUNDREDTHS percent of
26 the entire net income base; if the entire net income base is more than
27 two hundred [ninety] thousand dollars but not over three hundred ninety
28 thousand dollars the amount shall be the sum of (1) [eighteen thousand
29 eight hundred fifty] ELEVEN THOUSAND SEVEN HUNDRED dollars, (2) [seven
30 and one-tenth] SIX AND EIGHTY-FIVE HUNDREDTHS percent of the excess of
31 the entire net income base over two hundred [ninety] thousand dollars
32 [but not over three hundred ninety thousand dollars] and (3) [four and
33 thirty-five hundredths] FIVE percent of the excess of the entire net
34 income base over [three] TWO hundred fifty thousand dollars [but not
35 over three hundred ninety thousand dollars];
36 S 2. This act shall take effect immediately and shall apply to taxable
37 years beginning on and after July 1, 2010.
38 PART B
39 Section 1. Section 210 of the tax law is amended by adding a new
40 subdivision 22-a to read as follows:
41 22-A. CREDIT FOR COLLEGE TO WORK PROGRAM. (A) ALLOWANCE OF CREDIT. A
42 TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
43 PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON ITS
44 PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON BEHALF OF AN
45 INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK FOR THE
46 TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREEMENT
47 BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
48 (B) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
49 MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
50 INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
51 FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
52 EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
A. 6547 3
1 REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
2 REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
3 THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
4 EXCLUDED FROM THE DEFINITION OF "TUITION".
5 (C) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
6 THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
7 HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
8 SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
9 ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
10 ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
11 UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
12 LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
13 DIPLOMA.
14 (D) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
15 IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
16 OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
17 CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
18 (E) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
19 AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
20 AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
21 LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
22 FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
23 DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
24 THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
25 CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
26 VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
27 QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
28 TAXPAYER FOR THE AGREED UPON TERM.
29 (F) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
30 A TAXPAYER WHICH PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION
31 UNDER THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBDIVISION, SHALL
32 BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE
33 EXTENT OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S
34 TUITION, BUT SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE
35 YEAR FOR EACH SUCH QUALIFIED INDIVIDUAL.
36 (G) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
37 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
38 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
39 SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
40 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
41 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
42 MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
43 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
44 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
45 of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
46 the laws of 2008, is amended to read as follows:
47 (B) shall be treated as the owner of a new business with respect to
48 such share if the corporation qualifies as a new business pursuant to
49 paragraph (j) of subdivision twelve of section two hundred ten of this
50 chapter.
51 The corporation's credit base under
52 section two hundred ten or section
53 With respect to the following fourteen hundred fifty-six of this
54 credit under this section: chapter is:
A. 6547 4
1 (I) Investment tax credit Investment credit base
2 under subsection (a) or qualified
3 rehabilitation
4 expenditures under
5 subdivision twelve of
6 section two hundred ten
7 (II) Empire zone Cost or other basis
8 investment tax credit under subdivision
9 under subsection (j) twelve-B
10 of section two hundred
11 ten
12 (III) Empire zone Eligible wages under
13 wage tax credit subdivision nineteen of
14 under subsection (k) section two hundred ten
15 or subsection (e) of
16 section fourteen hundred
17 fifty-six
18 (IV) Empire zone Qualified investments
19 capital tax credit and contributions under
20 under subsection (l) subdivision twenty of
21 section two hundred ten
22 or subsection (d) of
23 section fourteen hundred
24 fifty-six
25 (V) Agricultural property tax Allowable school
26 credit under subsection (n) district property taxes under
27 subdivision twenty-two of
28 section two hundred ten
29 (VI) Credit for employment Qualified first-year wages or
30 of persons with dis- qualified second-year wages
31 abilities under under subdivision
32 subsection (o) twenty-three of section
33 two hundred ten
34 or subsection (f)
35 of section fourteen
36 hundred fifty-six
37 (VII) Employment incentive Applicable investment credit
38 credit under subsec- base under subdivision
39 tion (a-1) twelve-D of section two
40 hundred ten
41 (VIII) Empire zone Applicable investment
42 employment credit under sub-
43 incentive credit under division twelve-C
44 subsection (j-1) of section two hundred ten
45 (IX) Alternative fuels credit Cost under subdivision
46 under subsection (p) twenty-four of section two
47 hundred ten
A. 6547 5
1 (X) Qualified emerging Applicable credit base
2 technology company under subdivision twelve-E
3 employment credit of section two hundred ten
4 under subsection (q)
5 (XI) Qualified emerging Qualified investments under
6 technology company subdivision twelve-F of
7 capital tax credit section two hundred ten
8 under subsection (r)
9 (XII) Credit for purchase of an Cost of an automated
10 automated external defibrillator external defibrillator under
11 under subsection (s) subdivision twenty-five of
12 section two hundred ten
13 or subsection (j) of section
14 fourteen hundred fifty-six
15 (XIII) Low-income housing Credit amount under
16 credit under subsection (x) subdivision thirty
17 of section two hundred ten or
18 subsection (l) of section
19 fourteen hundred fifty-six
20 (XIV) Credit for Amount of credit under sub-
21 transportation division thirty-two of section
22 improvement contributions two hundred ten or subsection
23 under subsection (z) (n) of section fourteen
24 hundred fifty-six
25 (XV) QEZE credit for real Amount of credit under
26 property taxes under subdivision twenty-seven of
27 subsection (bb) section two hundred ten or
28 subsection (o) of section
29 fourteen hundred fifty-six
30 (XVI) QEZE tax reduction credit Amount of benefit period
31 under subsection (cc) factor, employment increase factor
32 and zone allocation
33 factor (without regard
34 to pro ration) under
35 subdivision twenty-eight of
36 section two hundred ten or
37 subsection (p) of section
38 fourteen hundred fifty-six
39 and amount of tax factor
40 as determined under
41 subdivision (f) of section sixteen
42 (XVII) Green building credit Amount of
43 under subsection (y) green building credit
44 under subdivision thirty-one
45 of section two hundred ten
46 or subsection (m) of section
47 fourteen hundred fifty-six
A. 6547 6
1 (XVIII) Credit for long-term Qualified costs under
2 care insurance premiums subdivision twenty-five-a of
3 under subsection (aa) section two hundred ten
4 or subsection (k) of section
5 fourteen hundred fifty-six
6 (XIX) Brownfield redevelopment Amount of credit
7 credit under subsection under subdivision
8 (dd) thirty-three of section
9 two hundred ten
10 or subsection (q) of
11 section fourteen hundred
12 fifty-six
13 (XX) Remediated brownfield Amount of credit under
14 credit for real property subdivision thirty-four
15 taxes for qualified of section two hundred
16 sites under subsection ten or subsection (r) of
17 (ee) section fourteen hundred
18 fifty-six
19 (XXI) Environmental Amount of credit under
20 remediation subdivision thirty-five of
21 insurance credit under section two hundred
22 subsection (ff) ten or subsection
23 (s) of section
24 fourteen hundred
25 fifty-six
26 (XXII) Empire state film production Amount of
27 credit under subsection (gg) credit for qualified
28 production costs in production
29 of a qualified film under
30 subdivision thirty-six of
31 section two hundred ten
32 (XXIII) Qualified emerging Qualifying expenditures and
33 technology company facilities, development activities under
34 operations and training credit subdivision twelve-G of section
35 under subsection (nn) two hundred ten
36 (XXIV) Security training tax Amount of credit
37 credit under under subdivision thirty-seven
38 subsection (ii) of section two hundred ten or
39 under subsection (t) of
40 section fourteen hundred fifty-six
41 (XXV) Credit for qualified fuel Amount of credit under
42 cell electric generating equipment subdivision thirty-seven
43 expenditures under subsection (g-2) of section two hundred ten
44 or subsection (t) of
45 section fourteen hundred
46 fifty-six
A. 6547 7
1 (XXVI) Empire state commercial Amount of credit
2 production credit under for qualified production
3 subsection (jj) costs in production
4 of a qualified commercial under
5 subdivision thirty-eight of sec-
6 tion two hundred ten
7 (XXVII) Biofuel production Amount of credit
8 tax credit under under subdivision
9 subsection (jj) thirty-eight of
10 section two hundred ten
11 (XXVIII) Clean heating fuel Amount of credit under
12 credit under subsection (mm) subdivision thirty-nine of
13 section two hundred ten
14 (XXIX) Credit for rehabilitation Amount of credit under
15 of historic properties subdivision forty of
16 under subsection (oo) [subsection] SECTION two hundred
17 ten
18 (XXX) Credit for companies who Amount of credit under
19 provide transportation subdivision forty of
20 to individuals section two hundred ten
21 with disabilities
22 under subsection (oo)
23 (XXXI) COLLEGE TO WORK PROGRAM AMOUNT OF CREDIT UNDER
24 CREDIT UNDER SUBSECTION SUBDIVISION TWENTY-TWO-A
25 (S-1) OF SECTION TWO HUNDRED TEN
26 S 3. Section 606 of the tax law is amended by adding a new subsection
27 (s-1) to read as follows:
28 (S-1) CREDIT FOR COLLEGE TO WORK PROGRAM. (1) ALLOWANCE OF CREDIT. A
29 TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
30 PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, BASED UPON SUCH
31 TAXPAYER'S PAYMENT OF TUITION TO AN INSTITUTION OF HIGHER EDUCATION ON
32 BEHALF OF AN INDIVIDUAL IN EXCHANGE FOR THE INDIVIDUAL AGREEING TO WORK
33 FOR THE TAXPAYER FOR A NUMBER OF YEARS, AS SET FORTH IN A WRITTEN AGREE-
34 MENT BETWEEN THE TAXPAYER AND THE INDIVIDUAL.
35 (2) TUITION. FOR THE PURPOSES OF THIS CREDIT, THE TERM "TUITION" SHALL
36 MEAN THE TUITION AND FEES PAID FOR THE ENROLLMENT AND ATTENDANCE OF AN
37 INDIVIDUAL AT AN INSTITUTION OF HIGHER EDUCATION, AS WELL AS MONIES PAID
38 FOR TEXTBOOKS IN CONNECTION WITH ATTENDANCE AT AN INSTITUTION OF HIGHER
39 EDUCATION. PROVIDED, HOWEVER, ANY AMOUNTS WHICH HAVE BEEN PAID FOR OR
40 REIMBURSED BY ANY OTHER SCHOLARSHIPS OR FINANCIAL AID, OR TUITION
41 REQUIRED FOR ENROLLMENT OR ATTENDANCE IN A COURSE OF STUDY LEADING TO
42 THE GRANTING OF A POST BACCALAUREATE OR OTHER GRADUATE DEGREE, SHALL BE
43 EXCLUDED FROM THE DEFINITION OF "TUITION".
44 (3) INSTITUTION OF HIGHER EDUCATION. FOR THE PURPOSES OF THIS CREDIT,
45 THE TERM "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN ANY INSTITUTION OF
46 HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, OR ANY SUCCES-
47 SOR ORGANIZATION, OF THE UNIVERSITY OF THE STATE OF NEW YORK OR ACCRED-
48 ITED BY A NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION
49 ACCEPTED AS SUCH BY THE REGENTS, OR ANY SUCCESSOR ORGANIZATION, OF THE
50 UNIVERSITY OF THE STATE OF NEW YORK, WHICH PROVIDES A COURSE OF STUDY
A. 6547 8
1 LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, CERTIFICATE OR
2 DIPLOMA.
3 (4) QUALIFIED INDIVIDUAL. FOR PURPOSES OF THIS CREDIT, THE TERM "QUAL-
4 IFIED INDIVIDUAL" SHALL MEAN ANY INDIVIDUAL WHO IS NOT A SPOUSE, CHILD
5 OR DEPENDENT OF THE TAXPAYER OR ANY INDIVIDUAL WHO IS NOT A SPOUSE,
6 CHILD OR DEPENDENT OF ANY OFFICER OR EMPLOYEE OF THE TAXPAYER.
7 (5) WRITTEN AGREEMENT. FOR PURPOSES OF THIS CREDIT, THE TERM "WRITTEN
8 AGREEMENT" SHALL MEAN A DOCUMENT SIGNED AND DATED BY BOTH THE TAXPAYER
9 AND THE QUALIFIED INDIVIDUAL WHICH CONTAINS PROVISIONS INCLUDING BUT NOT
10 LIMITED TO THE MINIMUM SALARY WHICH THE TAXPAYER WILL PAY TO THE QUALI-
11 FIED INDIVIDUAL UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; THE REQUIRED
12 DURATION OF EMPLOYMENT UPON COMPLETION OF THE INDIVIDUAL'S DEGREE; AND
13 THE PARTIES' RESPECTIVE RESPONSIBILITIES IN THE EVENT THAT THE TAXPAYER
14 CEASES OPERATIONS OR LATER DECIDES NOT TO OFFER EMPLOYMENT TO THE INDI-
15 VIDUAL UPON COMPLETION OF HIS OR HER DEGREE OR IN THE EVENT THAT THE
16 QUALIFIED INDIVIDUAL FAILS TO COMPLETE THE DEGREE OR TO WORK FOR THE
17 TAXPAYER FOR THE AGREED UPON TERM.
18 (6) AMOUNT OF CREDIT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
19 A TAXPAYER WHO PROVIDES FOR THE PAYMENT OF AN INDIVIDUAL'S TUITION UNDER
20 THE COLLEGE TO WORK PROGRAM ESTABLISHED BY THIS SUBSECTION, SHALL BE
21 ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO THE EXTENT
22 OF TWENTY-FIVE PERCENT OF MONIES PAID FOR EACH INDIVIDUAL'S TUITION, BUT
23 SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR ONE YEAR FOR EACH
24 SUCH QUALIFIED INDIVIDUAL.
25 (7) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
26 FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX AMOUNT, ANY AMOUNT
27 OF THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND
28 MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
29 S 4. This act shall take effect immediately and shall apply to taxa-
30 ble years beginning on and after January 1, 2010; provided, however that
31 the empire state film production credit under subsection (gg), the
32 empire state commercial production credit under subsection (jj) and the
33 credit for companies who provide transportation to individuals with
34 disabilities under subsection (oo) of section 606 of the tax law
35 contained in section two of this act shall expire on the same date as
36 provided in section 9 of part P of chapter 60 of the laws of 2004, as
37 amended, section 10 of part V of chapter 62 of the laws of 2006, as
38 amended and section 5 of chapter 522 of the laws of 2006, as amended,
39 respectively.
40 PART C
41 Section 1. Subdivision (a) of section 1210 of the tax law is amended
42 by adding a new paragraph 3-a to read as follows:
43 (3-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
44 COUNTY, MAY, BY LOCAL LAW, PROVIDE THAT THE TAXES IMPOSED, PURSUANT TO
45 THIS SUBDIVISION, BY SUCH COUNTY ON THE RETAIL SALE OR USE OF FUEL OIL
46 AND COAL USED FOR BUSINESS PURPOSES, THE RETAIL SALE OR USE OF WOOD USED
47 FOR BUSINESS HEATING PURPOSES AND THE SALE, OTHER THAN FOR RESALE, OF
48 PROPANE (EXCEPT WHEN SOLD IN CONTAINERS OF LESS THAN ONE HUNDRED
49 POUNDS), NATURAL GAS, ELECTRICITY, STEAM AND GAS, ELECTRIC AND STEAM
50 SERVICES USED FOR BUSINESS PURPOSES MAY BE IMPOSED AT A LOWER RATE THAN
51 THE UNIFORM LOCAL RATE IMPOSED PURSUANT TO THE OPENING PARAGRAPH OF THIS
52 SECTION, AS LONG AS SUCH RATE IS ONE OF THE RATES AUTHORIZED BY SUCH
53 PARAGRAPH OR SUCH SALE OR USE MAY BE EXEMPTED FROM SUCH TAXES.
54 PROVIDED, HOWEVER, SUCH LOWER RATE SHALL APPLY TO ALL SUCH ENERGY SOURC-
A. 6547 9
1 ES AND SERVICES AND AT THE SAME RATE AND NO SUCH EXEMPTION MAY BE
2 ENACTED UNLESS SUCH EXEMPTION APPLIES TO ALL SUCH ENERGY SOURCES AND
3 SERVICES. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A SALE OR
4 USE OF (I) DIESEL MOTOR FUEL WHICH INVOLVES A DELIVERY AT A FILLING
5 STATION OR INTO A REPOSITORY WHICH IS EQUIPPED WITH A HOSE OR OTHER
6 APPARATUS BY WHICH SUCH FUEL CAN BE DISPENSED INTO THE FUEL TANK OF A
7 MOTOR VEHICLE AND (II) ENHANCED DIESEL MOTOR FUEL EXCEPT IN THE CASE OF
8 A SALE OR USE OF SUCH ENHANCED DIESEL MOTOR FUEL USED EXCLUSIVELY FOR
9 BUSINESS PURPOSES WHICH IS DELIVERED INTO A STORAGE TANK WHICH IS NOT
10 EQUIPPED WITH A HOSE OR OTHER APPARATUS BY WHICH SUCH FUEL CAN BE
11 DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE AND SUCH STORAGE TANK IS
12 ATTACHED TO THE HEATING UNIT BURNING SUCH FUEL.
13 S 2. This act shall take effect immediately.
14 PART D
15 Section 1. Paragraph 2 of subdivision (f) of section 1137 of the tax
16 law, as amended by section 1 of part H of chapter 62 of the laws of
17 2006, is amended to read as follows:
18 (2) The amount of the credit authorized by paragraph one of this
19 subdivision shall be [five] TEN percent of the amount of taxes and fees
20 (but not including any penalty or interest thereon) required to be
21 reported on, and paid or paid over with, the return but only if the
22 return is filed on or before the filing due date, but not more than two
23 hundred FIFTY dollars[,] for each quarterly or longer period, except
24 that, with respect to returns required to be filed for quarterly or
25 longer periods ending on or before the last day of February, two thou-
26 sand seven, the amount of the credit shall be not more than one hundred
27 seventy-five dollars for each such quarterly or longer period.
28 S 2. This act shall take effect immediately; provided that this act
29 shall apply only to returns required to be filed under section 1136 of
30 the tax law for quarterly periods which begin on or after September 1,
31 2010 and to returns for longer periods and authorized annual return
32 periods required to be filed after September 1, 2010.
33 PART E
34 Section 1. The general municipal law is amended by adding a new
35 section 959-c to read as follows:
36 S 959-C. RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. (A)
37 FOR PURPOSES OF THIS SECTION, "RESEARCH AND DEVELOPMENT COMMERCIALIZA-
38 TION ENTERPRISES" SHALL MEAN ANY BUSINESS PRIMARILY ENGAGED IN RESEARCH,
39 OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A CENTER OF EXCELLENCE, AS
40 DEFINED IN SECTION THREE OF PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF
41 TWO THOUSAND TWO, OR AT A GEN*NY*SIS CENTER AS ESTABLISHED PURSUANT TO
42 SECTION TWO HUNDRED NINE-R OF THE EXECUTIVE LAW. A BUSINESS IS PRIMARI-
43 LY ENGAGED IN RESEARCH, OR DEVELOPMENT OF A PRODUCT OR PRODUCTS AT A
44 CENTER FOR EXCELLENCE, OR AT A GEN*NY*SIS CENTER IF EIGHTY PERCENT OR
45 MORE OF ITS PROPERTY IN NEW YORK IS UTILIZED FOR SUCH PURPOSES.
46 (B) THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL SERVE AS THE SOLE
47 CERTIFICATION OFFICER FOR BUSINESSES SEEKING CERTIFICATION AS RESEARCH
48 AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. THE COMMISSIONER OF
49 ECONOMIC DEVELOPMENT, SHALL PROMULGATE REGULATIONS GOVERNING (I) CRITE-
50 RIA OF ELIGIBILITY FOR DESIGNATION OF RESEARCH AND DEVELOPMENT COMMER-
51 CIALIZATION ENTERPRISES, (II) THE APPLICATION PROCESS, AND (III) THE
52 CERTIFICATION BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AS TO THE
A. 6547 10
1 ELIGIBILITY OF BUSINESS ENTERPRISES FOR BENEFITS REFERRED TO IN SECTION
2 NINE HUNDRED SIXTY-SIX OF THIS ARTICLE. A BUSINESS SO CERTIFIED SHALL BE
3 DEEMED TO BE ELIGIBLE FOR SUCH BENEFITS AS IF SUCH BUSINESS WERE LOCATED
4 IN AN INVESTMENT ZONE AS DEFINED IN PARAGRAPH (I) OF SUBDIVISION (D) OF
5 SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE. NO SUCH CERTIFICATION
6 SHALL BE MADE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
7 (C) SUCH ENTERPRISE SHALL BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH
8 (III) OF SUBDIVISION (A) OF SECTION NINE HUNDRED FIFTY-EIGHT, SECTIONS
9 NINE HUNDRED SIXTY-ONE, NINE HUNDRED SIXTY-TWO AND NINE HUNDRED
10 SIXTY-THREE OF THIS ARTICLE.
11 S 2. Section 14 of the tax law is amended by adding a new subdivision
12 (o) to read as follows:
13 (O) RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES. IN DETER-
14 MINING TAX BENEFITS UNDER THIS CHAPTER FOR RESEARCH AND DEVELOPMENT
15 COMMERCIALIZATION ENTERPRISES CERTIFIED UNDER ARTICLE EIGHTEEN-B OF THE
16 GENERAL MUNICIPAL LAW, REFERENCES IN THIS SECTION AND OTHER SECTIONS IN
17 THIS CHAPTER RELATING TO QUALIFIED EMPIRE ZONE ENTERPRISES AND EMPIRE
18 ZONE BENEFITS TO "AN EMPIRE ZONE", "THE EMPIRE ZONE" AND "THE EMPIRE
19 ZONES" SHALL BE READ AS REFERENCES TO "NEW YORK STATE", AND ANY TESTS OR
20 MEASUREMENTS RELATING TO EMPLOYMENT FOR PURPOSES OF EMPIRE ZONE BENEFITS
21 UNDER THIS CHAPTER SHALL BE CALCULATED WITH RESPECT TO EMPLOYMENT WITHIN
22 THE ENTIRE STATE, AND REFERENCES TO "QEZES" SHALL BE READ AS INCLUDING
23 REFERENCES TO SUCH RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTER-
24 PRISES THAT MEET THE EMPLOYMENT TEST IN THIS SECTION. FOR PURPOSES OF
25 TAX REDUCTION CREDIT ALLOWED UNDER SECTION SIXTEEN OF THIS ARTICLE, FOR
26 RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISES, THE ZONE ALLO-
27 CATION FACTOR SHALL BE ONE HUNDRED PERCENT.
28 S 3. Subdivision (j) of section 14 of the tax law is amended by adding
29 a new paragraph 6 to read as follows:
30 (6) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A BUSINESS
31 ENTERPRISE WHICH IS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
32 AS THE OWNER OF A RESEARCH AND DEVELOPMENT COMMERCIALIZATION ENTERPRISE
33 PURSUANT TO SECTION NINE HUNDRED FIFTY-NINE-C OF THE GENERAL MUNICIPAL
34 LAW SHALL BE DEEMED TO BE A NEW BUSINESS UNDER THIS SECTION. PROVIDED,
35 HOWEVER, TO BE DEEMED A NEW BUSINESS UNDER THIS PARAGRAPH, SUCH BUSINESS
36 ENTERPRISE SHALL HAVE RECEIVED CERTIFICATION UNDER ARTICLE EIGHTEEN-B OF
37 THE GENERAL BUSINESS LAW BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
38 S 4. This act shall take effect immediately.
39 PART F
40 Section 1. Subparagraph 1 of paragraph (g) of subdivision 1 of section
41 210 of the tax law, as amended by section 4 of part AA-1 of chapter 57
42 of the laws of 2008, is amended to read as follows:
43 (1) General. The amount prescribed by this paragraph shall be, in the
44 case of each New York S corporation, (i) the higher of the amounts
45 prescribed in paragraphs (a) and (d) of this subdivision (other than the
46 amount prescribed in the final clause of subparagraph one of that para-
47 graph (d)) (ii) reduced by the article twenty-two tax equivalent;
48 provided, however, that the amount thus determined shall not be less
49 than the lowest of the amounts prescribed in subparagraph one of that
50 paragraph (d) (applying the provisions of subparagraph three of that
51 paragraph as necessary). Provided, however, notwithstanding any
52 provision of this paragraph, in taxable years beginning in two thousand
53 three and before two thousand eight, the amount prescribed by this para-
54 graph shall be the amount prescribed in subparagraph one of that para-
A. 6547 11
1 graph (d) (applying the provisions of subparagraph three of that para-
2 graph as necessary) and applying the calculation of that amount in the
3 case of a termination year as set forth in subparagraph four of this
4 paragraph as necessary. In taxable years beginning in two thousand eight
5 [and thereafter] AND TWO THOUSAND NINE, the amount prescribed by this
6 paragraph is the amount prescribed in subparagraph four of that para-
7 graph (d) (applying the provisions of subparagraph three of that para-
8 graph as necessary) and applying the calculation of that amount in the
9 case of a termination year as set forth in subparagraph four of this
10 paragraph as necessary. PROVIDED FURTHER, AND NOTWITHSTANDING ANY
11 PROVISION OF THIS PARAGRAPH, IN TAXABLE YEARS BEGINNING IN AND AFTER TWO
12 THOUSAND TEN, THE AMOUNT PRESCRIBED BY THIS PARAGRAPH SHALL EQUAL ZERO,
13 BUT THE PROVISIONS OF THIS PARAGRAPH SHALL HAVE NO EFFECT ON THE AMOUNT
14 PRESCRIBED BY THE ARTICLE TWENTY-TWO TAX EQUIVALENT.
15 S 2. This act shall take effect immediately and shall apply to taxable
16 years beginning on or after January 1, 2010.
17 PART G
18 Section 1. Subdivision (a) of section 1115 of the tax law is amended
19 by adding a new paragraph 44 to read as follows:
20 (44) EQUIPMENT WITH A PURCHASE PRICE OF FIVE HUNDRED DOLLARS OR GREAT-
21 ER PURCHASED BY ANY COMPANY LOCATED IN AN INCUBATOR FACILITY THAT IS
22 ASSOCIATED WITH A COLLEGE, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO
23 OF THE EDUCATION LAW, OR AN INCUBATOR FACILITY THAT IS FUNDED BY THE
24 STATE. SUCH EQUIPMENT MUST BE USED DIRECTLY AND PREDOMINANTLY WITHIN
25 SUCH AFOREMENTIONED INCUBATOR FACILITY.
26 S 2. This act shall take effect on the first day of a sales tax quar-
27 terly period, as such period is described in subdivision (b) of section
28 1136 of the tax law, beginning at least 45 days after the date on which
29 this act shall have become a law and shall apply to sales made on or
30 after such date although rendered or made under prior contract.
31 PART H
32 Section 1. Section 210 of the tax law is amended by adding a new
33 subdivision 41 to read as follows:
34 41. SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (A) A TAXPAYER THAT IS
35 ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH (B) OF THIS SUBDI-
36 VISION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
37 CLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT OF TWO
38 CENTS PER KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT
39 THE TAXPAYER'S PRIMARY BUSINESS LOCATION.
40 (B) AN ELIGIBLE TAXPAYER SHALL:
41 (I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
42 YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
43 (II) NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S PRIMARY
44 BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S PLACE OF
45 RESIDENCE;
46 (III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
47 MUNICIPAL LAW; AND
48 (IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
49 AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
50 (C) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
51 ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
52 TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
A. 6547 12
1 LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
2 USAGE COST.
3 (II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
4 OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
5 TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
6 (III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
7 FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
8 SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE, AS
9 AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
10 THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
11 THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
12 DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
13 THE TAXPAYER.
14 (D) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
15 THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
16 ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
17 PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
18 PROVIDER.
19 (E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
20 SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE HIGHER OF
21 THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF
22 THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDI-
23 VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT
24 OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN
25 OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
26 PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
27 HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHT-
28 Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
29 EON.
30 S 2. Section 606 of the tax law is amended by adding a new subsection
31 (qq) to read as follows:
32 (QQ) SMALL BUSINESS ELECTRIC ENERGY TAX CREDIT. (1) A TAXPAYER THAT IS
33 ELIGIBLE UNDER THE LIMITATIONS SPECIFIED IN PARAGRAPH TWO OF THIS
34 SUBSECTION SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS
35 ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PRODUCT (OR PRO
36 RATA SHARE OF THE PRODUCT IN THE CASE OF A PARTNERSHIP) OF TWO CENTS PER
37 KILOWATT HOUR FOR ALL BUSINESS RELATED ELECTRICITY USAGE AT THE TAXPAY-
38 ER'S PRIMARY BUSINESS LOCATION.
39 (2) AN ELIGIBLE TAXPAYER SHALL:
40 (I) HAVE NO MORE THAN TWENTY FULL TIME EQUIVALENT EMPLOYEES IN NEW
41 YORK STATE, INCLUDING ANY RELATED MEMBERS OR AFFILIATES;
42 (II) SHALL NOT BE A SOLE-PROPRIETORSHIP IF SUCH SOLE-PROPRIETOR'S
43 PRIMARY BUSINESS LOCATION IS SITED IN OR PART OF SUCH SOLE-PROPRIETOR'S
44 PLACE OF RESIDENCE;
45 (III) NOT BE CERTIFIED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
46 MUNICIPAL LAW; AND
47 (IV) NOT BE RECEIVING ANY ALLOCATION OR AWARD PURSUANT TO ANY PROGRAM
48 AUTHORIZED UNDER ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW.
49 (3) (I) THE TERM "BUSINESS RELATED ELECTRICITY USAGE" SHALL REFER TO
50 ELECTRICAL POWER USAGE USED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
51 TO FURTHER THE ECONOMIC ACTIVITY OF THE TAXPAYER AT THE PRIMARY BUSINESS
52 LOCATION THAT IS CLEARLY DELIMITED FROM ANY SHARED ELECTRICAL POWER
53 USAGE COST.
54 (II) THE TERM "PRIMARY BUSINESS LOCATION" SHALL MEAN THE PHYSICAL SITE
55 OF THE TAXPAYER WITHIN THE STATE OF NEW YORK WHERE THE MAJORITY OF THE
56 TAXPAYER'S ECONOMIC ACTIVITY IS GENERATED OR COORDINATED THROUGH.
A. 6547 13
1 (III) THE TERM "RELATED MEMBERS" SHALL HAVE THE SAME MEANING AS SET
2 FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
3 SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER, AS
4 AMENDED BY SECTION ONE OF PART M OF CHAPTER SIX HUNDRED EIGHTY-SIX OF
5 THE LAWS OF TWO THOUSAND THREE, AND THE TERM "AFFILIATES" SHALL MEAN
6 THOSE CORPORATIONS THAT ARE MEMBERS OF THE SAME AFFILIATED GROUP (AS
7 DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE INTERNAL REVENUE CODE) AS
8 THE TAXPAYER.
9 (4) THE ELIGIBLE USAGE LEVEL SHALL BE THE TOTAL KILOWATT HOUR USAGE OF
10 THE TAXPAYER FOR BUSINESS RELATED ELECTRICITY USAGE DURING THE TAXPAY-
11 ER'S TAXABLE YEAR AS VERIFIED THROUGH BILLS OR OTHER FORM OF USAGE CHART
12 PROVIDED TO THE TAXPAYER BY THE TAXPAYER'S ELECTRICITY POWER SERVICE
13 PROVIDER.
14 (5) IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
15 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
16 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
17 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
18 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
19 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
20 of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
21 the laws of 2008, is amended to read as follows:
22 (B) shall be treated as the owner of a new business with respect to
23 such share if the corporation qualifies as a new business pursuant to
24 paragraph (j) of subdivision twelve of section two hundred ten of this
25 chapter.
26 The corporation's credit base under
27 section two hundred ten or section
28 With respect to the following fourteen hundred fifty-six of this
29 credit under this section: chapter is:
30 (I) Investment tax credit Investment credit base
31 under subsection (a) or qualified
32 rehabilitation
33 expenditures under
34 subdivision twelve of
35 section two hundred ten
36 (II) Empire zone Cost or other basis
37 investment tax credit under subdivision
38 under subsection (j) twelve-B
39 of section two hundred
40 ten
41 (III) Empire zone Eligible wages under
42 wage tax credit subdivision nineteen of
43 under subsection (k) section two hundred ten
44 or subsection (e) of
45 section fourteen hundred
46 fifty-six
47 (IV) Empire zone Qualified investments
48 capital tax credit and contributions under
49 under subsection (l) subdivision twenty of
50 section two hundred ten
51 or subsection (d) of
A. 6547 14
1 section fourteen hundred
2 fifty-six
3 (V) Agricultural property tax Allowable school
4 credit under subsection (n) district property taxes under
5 subdivision twenty-two of
6 section two hundred ten
7 (VI) Credit for employment Qualified first-year wages or
8 of persons with dis- qualified second-year wages
9 abilities under under subdivision
10 subsection (o) twenty-three of section
11 two hundred ten
12 or subsection (f)
13 of section fourteen
14 hundred fifty-six
15 (VII) Employment incentive Applicable investment credit
16 credit under subsec- base under subdivision
17 tion (a-1) twelve-D of section two
18 hundred ten
19 (VIII) Empire zone Applicable investment
20 employment credit under sub-
21 incentive credit under division twelve-C
22 subsection (j-1) of section two hundred ten
23 (IX) Alternative fuels credit Cost under subdivision
24 under subsection (p) twenty-four of section two
25 hundred ten
26 (X) Qualified emerging Applicable credit base
27 technology company under subdivision twelve-E
28 employment credit of section two hundred ten
29 under subsection (q)
30 (XI) Qualified emerging Qualified investments under
31 technology company subdivision twelve-F of
32 capital tax credit section two hundred ten
33 under subsection (r)
34 (XII) Credit for purchase of an Cost of an automated
35 automated external defibrillator external defibrillator under
36 under subsection (s) subdivision twenty-five of
37 section two hundred ten
38 or subsection (j) of section
39 fourteen hundred fifty-six
40 (XIII) Low-income housing Credit amount under
41 credit under subsection (x) subdivision thirty
42 of section two hundred ten or
43 subsection (l) of section
44 fourteen hundred fifty-six
45 (XIV) Credit for Amount of credit under sub-
46 transportation division thirty-two of section
A. 6547 15
1 improvement contributions two hundred ten or subsection
2 under subsection (z) (n) of section fourteen
3 hundred fifty-six
4 (XV) QEZE credit for real Amount of credit under
5 property taxes under subdivision twenty-seven of
6 subsection (bb) section two hundred ten or
7 subsection (o) of section
8 fourteen hundred fifty-six
9 (XVI) QEZE tax reduction credit Amount of benefit period
10 under subsection (cc) factor, employment increase factor
11 and zone allocation
12 factor (without regard
13 to pro ration) under
14 subdivision twenty-eight of
15 section two hundred ten or
16 subsection (p) of section
17 fourteen hundred fifty-six
18 and amount of tax factor
19 as determined under
20 subdivision (f) of section sixteen
21 (XVII) Green building credit Amount of
22 under subsection (y) green building credit
23 under subdivision thirty-one
24 of section two hundred ten
25 or subsection (m) of section
26 fourteen hundred fifty-six
27 (XVIII) Credit for long-term Qualified costs under
28 care insurance premiums subdivision twenty-five-a of
29 under subsection (aa) section two hundred ten
30 or subsection (k) of section
31 fourteen hundred fifty-six
32 (XIX) Brownfield redevelopment Amount of credit
33 credit under subsection under subdivision
34 (dd) thirty-three of section
35 two hundred ten
36 or subsection (q) of
37 section fourteen hundred
38 fifty-six
39 (XX) Remediated brownfield Amount of credit under
40 credit for real property subdivision thirty-four
41 taxes for qualified of section two hundred
42 sites under subsection ten or subsection (r) of
43 (ee) section fourteen hundred
44 fifty-six
45 (XXI) Environmental Amount of credit under
46 remediation subdivision thirty-five of
47 insurance credit under section two hundred
48 subsection (ff) ten or subsection
49 (s) of section
A. 6547 16
1 fourteen hundred
2 fifty-six
3 (XXII) Empire state film production Amount of
4 credit under subsection (gg) credit for qualified
5 production costs in production
6 of a qualified film under
7 subdivision thirty-six of
8 section two hundred ten
9 (XXIII) Qualified emerging Qualifying expenditures and
10 technology company facilities, development activities under
11 operations and training credit subdivision twelve-G of section
12 under subsection (nn) two hundred ten
13 (XXIV) Security training tax Amount of credit
14 credit under under subdivision thirty-seven
15 subsection (ii) of section two hundred ten or
16 under subsection (t) of
17 section fourteen hundred fifty-six
18 (XXV) Credit for qualified fuel Amount of credit under
19 cell electric generating equipment subdivision thirty-seven
20 expenditures under subsection (g-2) of section two hundred ten
21 or subsection (t) of
22 section fourteen hundred
23 fifty-six
24 (XXVI) Empire state commercial Amount of credit
25 production credit under for qualified production
26 subsection (jj) costs in production
27 of a qualified commercial under
28 subdivision thirty-eight of sec-
29 tion two hundred ten
30 (XXVII) Biofuel production Amount of credit
31 tax credit under under subdivision
32 subsection (jj) thirty-eight of
33 section two hundred ten
34 (XXVIII) Clean heating fuel Amount of credit under
35 credit under subsection (mm) subdivision thirty-nine of
36 section two hundred ten
37 (XXIX) Credit for rehabilitation Amount of credit under
38 of historic properties subdivision forty of
39 under subsection (oo) [subsection] SECTION two hundred
40 ten
41 (XXX) Credit for companies who Amount of credit under
42 provide transportation subdivision forty of
43 to individuals section two hundred ten
44 with disabilities
45 under subsection (oo)
A. 6547 17
1 (XXXI) SMALL BUSINESS ELECTRICITY QUALIFYING ELECTRICITY USAGE
2 ENERGY CREDIT UNDER SUBDIVISION FORTY-ONE
3 UNDER SUBSECTION (QQ) OF SECTION TWO HUNDRED TEN
4 S 4. This act shall take effect immediately and shall apply to taxable
5 years beginning on or after January 1, 2010; provided, however that the
6 empire state film production credit under subsection (gg), the empire
7 state commercial production credit under subsection (jj) and the credit
8 for companies who provide transportation to individuals with disabili-
9 ties under subsection (oo) of section 606 of the tax law contained in
10 section three of this act shall expire on the same date as provided in
11 section 9 of part P of chapter 60 of the laws of 2004, as amended,
12 section 10 of part V of chapter 62 of the laws of 2006, as amended and
13 section 5 of chapter 522 of the laws of 2006, as amended, respectively.
14 PART I
15 Section 1. Subdivision (d) of section 301-b of the tax law, as amended
16 by section 2 of part H of chapter 407 of the laws of 1999, subparagraph
17 (C) of paragraph 2 as amended by section 1 of part X of chapter 63 of
18 the laws of 2000, is amended to read as follows:
19 (d) Sales to consumers for heating purposes. [(1) Total residential
20 heating] HEATING exemption. (A) Unenhanced diesel motor fuel sold by a
21 petroleum business registered under article twelve-A of this chapter as
22 a distributor of diesel motor fuel or residual petroleum product sold by
23 a petroleum business registered under this article as a residual petro-
24 leum product business to the consumer exclusively for [residential]
25 heating purposes.
26 (B) Enhanced diesel motor fuel sold by a petroleum business registered
27 under article twelve-A of this chapter as a distributor of diesel motor
28 fuel to the consumer exclusively for [residential] heating purposes but
29 only if such enhanced diesel motor fuel is delivered into a storage tank
30 which is not equipped with a hose or other apparatus by which such fuel
31 can be dispensed into the fuel tank of a motor vehicle and such storage
32 tank is attached to the heating unit burning such fuel, provided, that
33 with respect to each delivery of such fuel over four thousand five
34 hundred gallons, to obtain this exemption there shall be required a
35 certificate signed by the purchaser stating that the product will be
36 used exclusively for [residential] heating purposes.
37 [(2) Partial non-residential heating exemption. (A) Unenhanced diesel
38 motor fuel sold by a petroleum business registered under article
39 twelve-A of this chapter as a distributor of diesel motor fuel or resi-
40 dual petroleum product sold by a petroleum business registered under
41 this article as a residual petroleum product business to the consumer
42 exclusively for heating, other than residential heating purposes.
43 (B) Enhanced diesel motor fuel sold by a petroleum business registered
44 under article twelve-A of this chapter as a distributor of diesel motor
45 fuel to the consumer exclusively for heating, other than residential
46 heating purposes, but only if such enhanced diesel motor fuel is deliv-
47 ered into a storage tank which is not equipped with a hose or other
48 apparatus by which such fuel can be dispensed into the fuel tank of a
49 motor vehicle and such storage tank is attached to the heating unit
50 burning such fuel, provided, that with respect to each delivery of such
51 fuel over four thousand five hundred gallons, to obtain this exemption
52 there shall be required a certificate signed by the purchaser stating
A. 6547 18
1 that the product will be used exclusively for heating, other than resi-
2 dential heating purposes.
3 (C) Calculation of partial exemption. Notwithstanding any other
4 provision of this article, commencing April first, two thousand one and
5 ending August thirty-first, two thousand two, the amount of the partial
6 exemption under this paragraph shall be determined by multiplying the
7 quantity of diesel motor fuel and residual petroleum product eligible
8 for the exemption times the sum of the then current rate of the supple-
9 mental tax imposed by section three hundred one-j of this article and
10 twenty percent of the then current rate of the tax imposed by section
11 three hundred one-a of this article, with respect to the specific diesel
12 motor fuel or residual petroleum product rate, as the case may be, and
13 commencing September first, two thousand two, the amount of the partial
14 exemption under this paragraph shall be determined by multiplying the
15 quantity of diesel motor fuel and residual petroleum product eligible
16 for the exemption times the sum of the then current rate of the supple-
17 mental tax imposed by section three hundred one-j of this article and
18 forty-six percent of the then current rate of the tax imposed by section
19 three hundred one-a of this article, with respect to the specific diesel
20 motor fuel or residual petroleum product rate, as the case may be.]
21 S 2. Subdivision (a) of section 301-c of the tax law, as amended by
22 section 4 of part H of chapter 407 of the laws of 1999 and subparagraph
23 (B) of paragraph 2 as amended by section 2 of part X of chapter 63 of
24 the laws of 2000, is amended to read as follows:
25 (a) Diesel motor fuel used for heating purposes. [(1)] Total [residen-
26 tial] heating reimbursement. Diesel motor fuel purchased in this state
27 and sold by such purchaser to a consumer for use exclusively for [resi-
28 dential] heating purposes but only where (i) such diesel motor fuel is
29 delivered into a storage tank which is not equipped with a hose or other
30 apparatus by which such fuel can be dispensed into the fuel tank of a
31 motor vehicle and such storage tank is attached to the heating unit
32 burning such fuel, (ii) the tax imposed pursuant to this article has
33 been paid with respect to such diesel motor fuel and the entire amount
34 of such tax has been absorbed by such purchaser, and (iii) such purchas-
35 er possesses documentary proof satisfactory to the commissioner evidenc-
36 ing the absorption by it of the entire amount of the tax imposed pursu-
37 ant to this article. Provided, however, that the commissioner is
38 authorized, in the event that the commissioner determines that it would
39 not threaten the integrity of the administration and enforcement of the
40 tax imposed by this article, to provide a reimbursement with respect to
41 a retail sale to a consumer for [residential] heating purposes of less
42 than ten gallons of diesel motor fuel provided such fuel is not
43 dispensed into the tank of a motor vehicle. Provided, further, that with
44 respect to each delivery of enhanced diesel motor fuel of over four
45 thousand five hundred gallons, to obtain this reimbursement there shall
46 be required a certificate signed by the consumer stating that the prod-
47 uct will be used exclusively for [residential] heating purposes.
48 [(2) Partial non-residential heating reimbursement. (A) Diesel motor
49 fuel purchased in this state and sold by such purchaser to a consumer
50 for use exclusively for heating, other than for residential heating
51 purposes, but only where (i) such diesel motor fuel is delivered into a
52 storage tank which is not equipped with a hose or other apparatus by
53 which such fuel can be dispensed into the fuel tank of a motor vehicle
54 and such storage tank is attached to the heating unit burning such fuel,
55 (ii) the tax imposed pursuant to this article has been paid with respect
56 to such diesel motor fuel and the entire amount of such tax has been
A. 6547 19
1 absorbed by such purchaser, and (iii) such purchaser possesses documen-
2 tary proof satisfactory to the commissioner evidencing the absorption by
3 it of the entire amount of the tax imposed pursuant to this article.
4 Provided, however, that with respect to each delivery of enhanced diesel
5 motor fuel of over four thousand five hundred gallons, to obtain this
6 reimbursement there shall be required a certificate signed by the
7 consumer stating that the product will be used exclusively for heating,
8 other than for residential heating purposes.
9 (B) Calculation of partial reimbursement. Notwithstanding any other
10 provision of this article, commencing April first, two thousand one and
11 ending August thirty-first, two thousand two, the amount of the
12 reimbursement under this paragraph shall be determined by multiplying
13 the quantity of diesel motor fuel eligible for the reimbursement times
14 the sum of the then current rate of the supplemental tax imposed by
15 section three hundred one-j of this article and twenty percent of the
16 then current rate of the tax imposed by section three hundred one-a of
17 this article, with respect to the specific diesel motor fuel rate, as
18 the case may be, and commencing September first, two thousand two, the
19 amount of the reimbursement under this paragraph shall be determined by
20 multiplying the quantity of diesel motor fuel eligible for the
21 reimbursement times the sum of the then current rate of the supplemental
22 tax imposed by section three hundred one-j of this article and forty-six
23 percent of the then current rate of the tax imposed by section three
24 hundred one-a of this article, with respect to the specific diesel motor
25 fuel rate, as the case may be.]
26 S 3. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
28 PART J
29 Section 1. Section 210 of the tax law is amended by adding a new
30 subdivision 22-b to read as follows:
31 22-B. CREDIT FOR ON-THE-JOB TRAINING. (A) GENERAL. A TAXPAYER, WHO HAS
32 ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
33 AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
34 PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
35 (B) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
36 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
37 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
38 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
39 (C) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
40 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
41 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
42 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
43 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
44 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
45 DEDICATED SPACE FOR THE TRAINING.
46 (D) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
47 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
48 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
49 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
50 ITURES WERE MADE.
51 (E) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
52 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
53 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
54 SION ONE OF THIS SECTION. PROVIDED, HOWEVER, IF THE AMOUNT OF CREDIT
A. 6547 20
1 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
2 SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
3 MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED
4 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
5 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
6 of the tax law, as amended by section 2 of part ZZ-1 of chapter 57 of
7 the laws of 2008, is amended to read as follows:
8 (B) shall be treated as the owner of a new business with respect to
9 such share if the corporation qualifies as a new business pursuant to
10 paragraph (j) of subdivision twelve of section two hundred ten of this
11 chapter.
12 The corporation's credit base under
13 section two hundred ten or section
14 With respect to the following fourteen hundred fifty-six of this
15 credit under this section: chapter is:
16 (I) Investment tax credit Investment credit base
17 under subsection (a) or qualified
18 rehabilitation
19 expenditures under
20 subdivision twelve of
21 section two hundred ten
22 (II) Empire zone Cost or other basis
23 investment tax credit under subdivision
24 under subsection (j) twelve-B
25 of section two hundred
26 ten
27 (III) Empire zone Eligible wages under
28 wage tax credit subdivision nineteen of
29 under subsection (k) section two hundred ten
30 or subsection (e) of
31 section fourteen hundred
32 fifty-six
33 (IV) Empire zone Qualified investments
34 capital tax credit and contributions under
35 under subsection (l) subdivision twenty of
36 section two hundred ten
37 or subsection (d) of
38 section fourteen hundred
39 fifty-six
40 (V) Agricultural property tax Allowable school
41 credit under subsection (n) district property taxes under
42 subdivision twenty-two of
43 section two hundred ten
44 (VI) Credit for employment Qualified first-year wages or
45 of persons with dis- qualified second-year wages
46 abilities under under subdivision
47 subsection (o) twenty-three of section
48 two hundred ten
49 or subsection (f)
A. 6547 21
1 of section fourteen
2 hundred fifty-six
3 (VII) Employment incentive Applicable investment credit
4 credit under subsec- base under subdivision
5 tion (a-1) twelve-D of section two
6 hundred ten
7 (VIII) Empire zone Applicable investment
8 employment credit under sub-
9 incentive credit under division twelve-C
10 subsection (j-1) of section two hundred ten
11 (IX) Alternative fuels credit Cost under subdivision
12 under subsection (p) twenty-four of section two
13 hundred ten
14 (X) Qualified emerging Applicable credit base
15 technology company under subdivision twelve-E
16 employment credit of section two hundred ten
17 under subsection (q)
18 (XI) Qualified emerging Qualified investments under
19 technology company subdivision twelve-F of
20 capital tax credit section two hundred ten
21 under subsection (r)
22 (XII) Credit for purchase of an Cost of an automated
23 automated external defibrillator external defibrillator under
24 under subsection (s) subdivision twenty-five of
25 section two hundred ten
26 or subsection (j) of section
27 fourteen hundred fifty-six
28 (XIII) Low-income housing Credit amount under
29 credit under subsection (x) subdivision thirty
30 of section two hundred ten or
31 subsection (l) of section
32 fourteen hundred fifty-six
33 (XIV) Credit for Amount of credit under sub-
34 transportation improvement division thirty-two of section
35 contributions under subsection (z) two hundred ten or subsection
36 (n) of section fourteen
37 hundred fifty-six
38 (XV) QEZE credit for Amount of credit under
39 real property taxes under subdivision twenty-seven of
40 subsection (bb) section two hundred ten or
41 subsection (o) of section
42 fourteen hundred fifty-six
43 (XVI) QEZE tax reduction credit Amount of benefit period
44 under subsection (cc) factor, employment increase factor
45 and zone allocation
46 factor (without regard
A. 6547 22
1 to pro ration) under
2 subdivision twenty-eight of
3 section two hundred ten or
4 subsection (p) of section
5 fourteen hundred fifty-six
6 and amount of tax factor
7 as determined under
8 subdivision (f) of section sixteen
9 (XVII) Green building Amount of green building credit
10 credit under subsection (y) under subdivision thirty-one
11 of section two hundred ten
12 or subsection (m) of section
13 fourteen hundred fifty-six
14 (XVIII) Credit for long-term Qualified costs under
15 care insurance premiums subdivision twenty-five-a of
16 under subsection (aa) section two hundred ten
17 or subsection (k) of section
18 fourteen hundred fifty-six
19 (XIX) Brownfield redevelopment Amount of credit
20 credit under subsection under subdivision
21 (dd) thirty-three of section
22 two hundred ten
23 or subsection (q) of
24 section fourteen hundred
25 fifty-six
26 (XX) Remediated brownfield Amount of credit under
27 credit for real property subdivision thirty-four
28 taxes for qualified of section two hundred
29 sites under subsection ten or subsection (r) of
30 (ee) section fourteen hundred
31 fifty-six
32 (XXI) Environmental Amount of credit under
33 remediation subdivision thirty-five of
34 insurance credit under section two hundred
35 subsection (ff) ten or subsection
36 (s) of section
37 fourteen hundred
38 fifty-six
39 (XXII) Empire state Amount of credit for qualified
40 film production credit under production costs in production
41 subsection (gg) of a qualified film under
42 subdivision thirty-six of
43 section two hundred ten
44 (XXIII) Qualified emerging Qualifying expenditures and
45 technology company facilities, development activities under
46 operations and training credit subdivision twelve-G of section
47 under subsection (nn) two hundred ten
A. 6547 23
1 (XXIV) Security training tax Amount of credit
2 credit under under subdivision thirty-seven
3 subsection (ii) of section two hundred ten or
4 under subsection (t) of
5 section fourteen hundred fifty-six
6 (XXV) Credit for qualified fuel Amount of credit under
7 cell electric generating equipment subdivision thirty-seven
8 expenditures under subsection (g-2) of section two hundred ten
9 or subsection (t) of
10 section fourteen hundred
11 fifty-six
12 (XXVI) Empire state commercial Amount of credit for qualified
13 production credit under production costs in production
14 subsection (jj) of a qualified commercial under
15 subdivision thirty-eight of sec-
16 tion two hundred ten
17 (XXVII) Biofuel production Amount of credit
18 tax credit under under subdivision
19 subsection (jj) thirty-eight of
20 section two hundred ten
21 (XXVIII) Clean heating fuel credit Amount of credit under
22 under subsection (mm) subdivision thirty-nine of
23 section two hundred ten
24 (XXIX) Credit for rehabilitation Amount of credit under
25 of historic properties subdivision forty of
26 under subsection (oo) [subsection] SECTION
27 two hundred ten
28 (XXX) Credit for companies who Amount of credit under
29 provide transportation subdivision forty of
30 to individuals section two hundred ten
31 with disabilities
32 under subsection (oo)
33 (XXXI) CREDIT FOR ON-THE-JOB COSTS UNDER SUBDIVISION
34 TRAINING UNDER SUBSECTION (RR) TWENTY-TWO-B OF
35 SECTION TWO HUNDRED TEN
36 S 3. Section 606 of the tax law is amended by adding a new subsection
37 (rr) to read as follows:
38 (RR) CREDIT FOR ON-THE-JOB TRAINING. (1) GENERAL. A TAXPAYER, WHO HAS
39 ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
40 AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR
41 PROVIDING ON-THE-JOB TRAINING TO AN EMPLOYEE.
42 (2) ON-THE-JOB TRAINING. ON-THE-JOB TRAINING SHALL MEAN TRAINING
43 WHICH IS SPECIFIED IN AN AGREEMENT BETWEEN THE GRANTEE AND THE EMPLOYER
44 AND INCLUDES BOTH WORK EXPERIENCE AND TRAINING, FORMALIZED IN AN OUTLINE
45 DEFINING EACH TRAINING COMPONENT AND OUTCOMES OF THE TRAINING PROCESS.
46 (3) ON-THE-JOB TRAINING EXPENDITURES. ON-THE-JOB TRAINING EXPENDITURES
47 SHALL INCLUDE EXPENDITURES FOR THE PURCHASE OF EITHER COMMERCIAL OR
48 CUSTOMIZED INSTRUCTIONAL MATERIALS INCLUDING SOFTWARE, TEXTS, MANUALS OR
49 EQUIPMENT THAT CAN BE USED TO SIMULATE JOB TASKS; PAYMENTS TO CONSULT-
A. 6547 24
1 ANTS, TRAINERS, OR INSTRUCTORS WHO ARE NOT EMPLOYEES OF THE FIRM; AND
2 COSTS ASSOCIATED WITH THE USE, RENTAL, OR LEASE OF A CLASSROOM OR OTHER
3 DEDICATED SPACE FOR THE TRAINING.
4 (4) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED FOR THE AMOUNT OF
5 ON-THE-JOB TRAINING EXPENDITURES INCURRED BY AN EMPLOYER. THE AMOUNT OF
6 CREDIT SHALL NOT EXCEED THREE HUNDRED DOLLARS PER EMPLOYEE FOR WHOM SUCH
7 TRAINING HAS BEEN PROVIDED DURING THE TAXABLE YEAR IN WHICH SUCH EXPEND-
8 ITURES WERE MADE.
9 (5) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
10 FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH TAX YEAR,
11 THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND MAY
12 BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
13 S 4. This act shall take effect immediately and shall apply to taxable
14 years beginning on and after the first of January next succeeding the
15 date on which it shall have become a law; provided, however that the
16 empire state film production credit under subsection (gg), the empire
17 state commercial production credit under subsection (jj) and the credit
18 for companies who provide transportation to individuals with disabili-
19 ties under subsection (oo) of section 606 of the tax law contained in
20 section two of this act shall expire on the same date as provided in
21 section 9 of part P of chapter 60 of the laws of 2004, as amended,
22 section 10 of part V of chapter 62 of the laws of 2006, as amended and
23 section 5 of chapter 522 of the laws of 2006, as amended, respectively.
24 PART K
25 Section 1. Subdivision 3 of section 425 of the real property tax law,
26 as added by section 1 of part B of chapter 389 of the laws of 1997,
27 paragraph (a) as amended by chapter 264 of the laws of 2000, paragraph
28 (d) as added by chapter 443 of the laws of 2003, paragraph (e) as added
29 by section 2 of part W of chapter 57 of the laws of 2008, is amended to
30 read as follows:
31 3. Eligibility requirements. (a) Property use. To qualify for
32 exemption pursuant to this section, the property must be a one, two or
33 three family residence, a farm dwelling, A SMALL BUSINESS or residential
34 property held in condominium or cooperative form of ownership. If the
35 property is not an eligible type of property, but a portion of the prop-
36 erty is partially used by the owner as a primary residence, that portion
37 which is so used shall be entitled to the exemption provided by this
38 section; provided that in no event shall the exemption exceed the
39 assessed value attributable to that portion.
40 (b) Primary residence. The property must serve as the primary resi-
41 dence of one or more of the owners thereof, UNLESS SUCH PROPERTY IS
42 OWNED BY A SMALL BUSINESS AS DEFINED IN PARAGRAPH (F) OF THIS SUBDIVI-
43 SION.
44 (c) Trusts. If legal title to the property is held by one or more
45 trustees, the beneficial owner or owners shall be deemed to own the
46 property for purposes of this subdivision.
47 (d) Farm dwellings not owned by the resident. (i) If legal title to
48 the farm dwelling is held by an S-corporation or by a C-corporation, the
49 exemption shall be granted if the property serves as the primary resi-
50 dence of a shareholder of such corporation.
51 (ii) If the legal title to the farm dwelling is held by a partnership,
52 the exemption shall be granted if the property serves as the primary
53 residence of one or more of the partners.
A. 6547 25
1 (iii) Any information deemed necessary to establish shareholder or
2 partner status for eligibility purposes shall be considered confidential
3 and exempt from the freedom of information law.
4 (e) Dwellings owned by limited partnerships. (i) If legal title to a
5 dwelling is held by a limited partnership, the exemption shall be grant-
6 ed if the property serves as the primary residence of one or more of the
7 partners, provided that the limited partnership which holds title to the
8 property does not engage in any commercial activity, that the limited
9 partnership was lawfully created to hold title solely for estate plan-
10 ning and asset protection purposes, and that the partner or partners who
11 primarily reside thereon personally pay all of the real property taxes
12 and other costs associated with the property's ownership.
13 (ii) Any information deemed necessary to establish partner status for
14 eligibility purposes shall be considered confidential and exempt from
15 the freedom of information law.
16 (F) SMALL BUSINESSES. FOR THE PURPOSES OF THIS SUBDIVISION:
17 (I) THE TERM "SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH EMPLOYS ONE
18 HUNDRED PERSONS OR LESS AND IS LOCATED ON A NON-RESIDENTIAL PROPERTY
19 USED PRIMARILY FOR COMMERCIAL PURPOSES. SUCH BUSINESS WILL ONLY BE
20 ELIGIBLE FOR THE EXEMPTION IF IT DOES NOT RECEIVE EMPIRE ZONE REAL PROP-
21 ERTY TAX BENEFITS PURSUANT TO SECTION FIFTEEN OF THE TAX LAW OR DOES NOT
22 MAKE PAYMENTS IN LIEU OF TAXES TO THE PUBLIC SCHOOL DISTRICT IN WHICH
23 SUCH SMALL BUSINESS IS LOCATED AT A RATE BELOW THE RATE APPLICABLE TO
24 ALL OTHER PROPERTIES; AND
25 (II) THE TERM "COMMERCIAL" SHALL HAVE THE SAME MEANING AS SET FORTH IN
26 SECTION FOUR HUNDRED EIGHTY-NINE-AAA OF THIS ARTICLE.
27 S 2. This act shall take effect immediately and shall apply to all
28 taxable years beginning on and after January 1, 2010.
29 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
30 sion, section or part of this act shall be adjudged by any court of
31 competent jurisdiction to be invalid, such judgement shall not affect,
32 impair, or invalidate the remainder thereof, but shall be confined in
33 its operation to the clause, sentence, paragraph, subdivision, section
34 or part thereof directly involved in the controversy in which such
35 judgement shall have been rendered. It is hereby declared to be the
36 intent of the legislature that this act would have been enacted even if
37 such invalid provisions had not been included herein.
38 S 3. This act shall take effect immediately provided, however, that
39 the applicable effective date of Parts A through K of this act shall be
40 as specifically set forth in the last section of such Parts.
