Bill Text: NY A09231 | 2011-2012 | General Assembly | Amended


Bill Title: Provides a one time tax credit in the amount of $500 for the purchase and installation of a security system.

Spectrum: Moderate Partisan Bill (Democrat 18-4)

Status: (Introduced - Dead) 2012-05-16 - print number 9231a [A09231 Detail]

Download: New_York-2011-A09231-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9231--A
                                 I N  A S S E M B L Y
                                   February 7, 2012
                                      ___________
       Introduced  by M. of A. DenDEKKER, LOSQUADRO, CASTRO, WEPRIN, SCHIMMING-
         ER, CRESPO, M. MILLER,  LAVINE,  COLTON,  BENEDETTO,  SALADINO,  RAIA,
         RAMOS,  MENG  -- Multi-Sponsored by -- M. of A. BOYLAND, BROOK-KRASNY,
         FINCH, P. RIVERA, ROBINSON, SIMANOWITZ,  TITONE,  WEISENBERG  --  read
         once  and  referred  to  the  Committee on Ways and Means -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the tax law, in relation to providing a tax  credit  for
         the purchase and installation of a security system
         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 24-a to read as follows:
    3    24-A.  CREDIT FOR PURCHASE AND INSTALLATION OF SECURITY SYSTEM.  (A) A
    4  TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED  IN  THIS
    5  SUBDIVISION,  AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR THE PURCHASE,
    6  OTHER THAN FOR RESALE, OF A  SECURITY  SYSTEM,  PROVIDED  SUCH  TAXPAYER
    7  REGISTERS  SUCH  SYSTEM WITH THE DIVISION OF HOMELAND SECURITY AND EMER-
    8  GENCY SERVICES. THE AMOUNT OF CREDIT SHALL EQUAL THE AMOUNT PAID BY  THE
    9  TAXPAYER  DURING  THE  TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR THE
   10  PURCHASE AND INSTALLATION OF ANY SECURITY SYSTEM.
   11    (B) FOR THE PURPOSES OF THIS SUBDIVISION, "SECURITY SYSTEM" IS DEFINED
   12  AS A CLOSED-CIRCUIT  TELEVISION  OR  OTHER  ELECTRONIC  SECURITY  SYSTEM
   13  INSTALLED TO DETECT INTRUSION, BREAK-IN, MOVEMENT, SOUND OR FIRE.
   14    (C)  A  TAXPAYER SHALL NOT BE ALLOWED A TAX CREDIT UNDER THIS SUBDIVI-
   15  SION IF SUCH TAXPAYER PREVIOUSLY RECEIVED A TAX CREDIT UNDER THIS SUBDI-
   16  VISION.
   17    (D) THE CREDIT ALLOWED UNDER THIS SUBDIVISION  FOR  ANY  TAXABLE  YEAR
   18  WILL  NOT  REDUCE  THE  TAX  DUE  FOR  SUCH YEAR TO LESS THAN THE AMOUNT
   19  PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. HOWEVER,
   20  IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR  ANY  TAXABLE
   21  YEAR  REDUCES  THE  TAX  TO  SUCH  AMOUNT, ANY AMOUNT OF CREDIT THUS NOT
   22  DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX
   23  TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF  SECTION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14237-03-2
       A. 9231--A                          2
    1  ONE   THOUSAND  EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE
    2  PROVISIONS OF SUBSECTION (C) OF SECTION  ONE  THOUSAND  EIGHTY-EIGHT  OF
    3  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
    4    S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    5  of the tax law is amended by adding a new  clause  (xxxiv)  to  read  as
    6  follows:
    7  (XXXIV) CREDIT FOR PURCHASE          PURCHASE AND INSTALLATION
    8  AND INSTALLATION OF A                COSTS OF A SECURITY SYSTEM
    9  SECURITY SYSTEM                      UNDER SUBDIVISION
   10  UNDER SUBSECTION (S-1)               TWENTY-FOUR-A OF SECTION
   11                                       TWO HUNDRED TEN OR
   12                                       SUBSECTION (J-1) OF
   13                                       SECTION FOURTEEN HUNDRED
   14                                       FIFTY-SIX
   15    S  3. Section 606 of the tax law is amended by adding a new subsection
   16  (s-1) to read as follows:
   17    (S-1) (1) CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM. A
   18  TAXPAYER SHALL BE ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE
   19  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF A SECU-
   20  RITY  SYSTEM,  AS  SUCH  TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR-A OF
   21  SECTION TWO HUNDRED TEN OF THIS CHAPTER, PROVIDED SUCH  TAXPAYER  REGIS-
   22  TERS  SUCH  SYSTEM  WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
   23  SERVICES.   THE AMOUNT OF CREDIT SHALL EQUAL  THE  AMOUNT  PAID  BY  THE
   24  TAXPAYER  DURING  THE  TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR THE
   25  PURCHASE AND INSTALLATION OF ANY SECURITY SYSTEM. A TAXPAYER  SHALL  NOT
   26  BE ALLOWED A TAX CREDIT UNDER THIS SUBSECTION IF SUCH TAXPAYER PREVIOUS-
   27  LY RECEIVED A TAX CREDIT UNDER THIS SUBSECTION.
   28    (2)  IF  THE  AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION SHALL
   29  EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED  AS
   30  AN  OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
   31  PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE,  PROVIDED,
   32  HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   33    S 4. Section 1456 of the tax law is amended by adding a new subsection
   34  (j-1) to read as follows:
   35    (J-1)  (1)  CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM.
   36  A TAXPAYER SHALL BE ALLOWED A CREDIT AS  PROVIDED  IN  THIS  SUBSECTION,
   37  AGAINST  THE  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLA-
   38  TION OF A SECURITY SYSTEM, AS SUCH TERM IS DEFINED IN SUBDIVISION  TWEN-
   39  TY-FOUR-A  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER, PROVIDED SUCH
   40  TAXPAYER REGISTERS SUCH SYSTEM WITH THE DIVISION  OF  HOMELAND  SECURITY
   41  AND EMERGENCY SERVICES. THE AMOUNT OF CREDIT SHALL EQUAL THE AMOUNT PAID
   42  BY THE TAXPAYER DURING THE TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR
   43  THE PURCHASE AND INSTALLATION OF ANY SECURITY SYSTEM. THE CREDIT ALLOWED
   44  UNDER  THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE
   45  FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX FIXED BY  SUBSECTION  (B)  OF
   46  SECTION  FOURTEEN  HUNDRED  FIFTY-FIVE OF THIS ARTICLE. A TAXPAYER SHALL
   47  NOT BE ALLOWED A TAX CREDIT  UNDER  THIS  SUBSECTION  IF  SUCH  TAXPAYER
   48  PREVIOUSLY RECEIVED A TAX CREDIT UNDER THIS SUBSECTION.
   49    (2) HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR
   50  ANY  TAXABLE  YEAR  REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
   51  THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN  OVERPAY-
   52  MENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS
   53  OF  SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,
   54  THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
   55  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
       A. 9231--A                          3
    1    S 5. Section 1511 of the tax law is amended by adding a  new  subdivi-
    2  sion (1-1) to read as follows:
    3    (1-1)  (1)  CREDIT FOR PURCHASE AND INSTALLATION OF SECURITY SYSTEM. A
    4  TAXPAYER SHALL BE ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE
    5  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF A SECU-
    6  RITY    SYSTEM,  AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR-A OF
    7  SECTION TWO HUNDRED TEN OF THIS CHAPTER PROVIDED SUCH TAXPAYER REGISTERS
    8  SUCH SYSTEM  WITH  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
    9  SERVICES.    THE  AMOUNT  OF  CREDIT  SHALL EQUAL THE AMOUNT PAID BY THE
   10  TAXPAYER DURING THE TAXABLE YEAR, UP TO FIVE HUNDRED  DOLLARS,  FOR  THE
   11  PURCHASE  AND  INSTALLATION  OF  ANY SECURITY SYSTEM. THE CREDIT ALLOWED
   12  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE
   13  FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR OF SUBDI-
   14  VISION (A) OF SECTION FIFTEEN HUNDRED TWO OF THIS  ARTICLE.  A  TAXPAYER
   15  SHALL NOT BE ALLOWED A TAX CREDIT UNDER THIS SUBDIVISION IF SUCH TAXPAY-
   16  ER PREVIOUSLY RECEIVED A TAX CREDIT UNDER THIS SUBDIVISION.
   17    (2) HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR
   18  ANY  TAXABLE  YEAR  REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
   19  THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN  OVERPAY-
   20  MENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS
   21  OF  SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,
   22  THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
   23  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   24    S 6. This act shall take effect immediately and shall apply to taxable
   25  years commencing on or after January 1, 2013.
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