STATE OF NEW YORK ________________________________________________________________________ 23 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. TEDISCO, BORRELLO, GALLIVAN, GRIFFO, HELMING, OBER- ACKER, RHOADS, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to expanding a certain tax credit for farmers to include the cost of construction housing for farm workers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (b) of subdivision 1 of 2 section 210-B of the tax law, as amended by section 2 of part P of chap- 3 ter 59 of the laws of 2017, is amended to read as follows: 4 (i) A credit shall be allowed under this subdivision with respect to 5 tangible personal property and other tangible property, including build- 6 ings and structural components of buildings, which are: depreciable 7 pursuant to section one hundred sixty-seven of the internal revenue 8 code, have a useful life of four years or more, are acquired by purchase 9 as defined in section one hundred seventy-nine (d) of the internal 10 revenue code, have a situs in this state and are (A) principally used by 11 the taxpayer in the production of goods by manufacturing, processing, 12 assembling, refining, mining, extracting, farming, agriculture, horti- 13 culture, floriculture, viticulture or commercial fishing, (B) industrial 14 waste treatment facilities or air pollution control facilities, used in 15 the taxpayer's trade or business, (C) research and development property, 16 or (D) principally used in the ordinary course of the taxpayer's trade 17 or business as a broker or dealer in connection with the purchase or 18 sale (which shall include but not be limited to the issuance, entering 19 into, assumption, offset, assignment, termination, or transfer) of 20 stocks, bonds or other securities as defined in section four hundred 21 seventy-five (c)(2) of the Internal Revenue Code, or of commodities as 22 defined in section four hundred seventy-five (e) of the Internal Revenue EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00176-01-5S. 23 2 1 Code, (E) principally used in the ordinary course of the taxpayer's 2 trade or business of providing investment advisory services for a regu- 3 lated investment company as defined in section eight hundred fifty-one 4 of the Internal Revenue Code, or lending, loan arrangement or loan orig- 5 ination services to customers in connection with the purchase or sale 6 (which shall include but not be limited to the issuance, entering into, 7 assumption, offset, assignment, termination, or transfer) of securities 8 as defined in section four hundred seventy-five (c)(2) of the Internal 9 Revenue Code, (F) principally used in the ordinary course of the taxpay- 10 er's business as an exchange registered as a national securities 11 exchange within the meaning of sections 3(a)(1) and 6(a) of the Securi- 12 ties Exchange Act of 1934 or a board of trade as defined in subparagraph 13 one of paragraph (a) of section fourteen hundred ten of the not-for-pro- 14 fit corporation law or as an entity that is wholly owned by one or more 15 such national securities exchanges or boards of trade and that provides 16 automation or technical services thereto, or (G) principally used as a 17 qualified film production facility including qualified film production 18 facilities having a situs in an empire zone designated as such pursuant 19 to article eighteen-B of the general municipal law, where the taxpayer 20 is providing three or more services to any qualified film production 21 company using the facility, including such services as a studio lighting 22 grid, lighting and grip equipment, multi-line phone service, broadband 23 information technology access, industrial scale electrical capacity, 24 food services, security services, and heating, ventilation and air 25 conditioning. For purposes of clauses (D), (E) and (F) of this subpara- 26 graph, property purchased by a taxpayer affiliated with a regulated 27 broker, dealer, registered investment advisor, national securities 28 exchange or board of trade, is allowed a credit under this subdivision 29 if the property is used by its affiliated regulated broker, dealer, 30 registered investment advisor, national securities exchange or board of 31 trade in accordance with this subdivision. For purposes of determining 32 if the property is principally used in qualifying uses, the uses by the 33 taxpayer described in clauses (D) and (E) of this subparagraph may be 34 aggregated. In addition, the uses by the taxpayer, its affiliated regu- 35 lated broker, dealer and registered investment advisor under either or 36 both of those clauses may be aggregated. Provided, however, a taxpayer 37 shall not be allowed the credit provided by clauses (D), (E) and (F) of 38 this subparagraph unless the property is first placed in service before 39 October first, two thousand fifteen and (i) eighty percent or more of 40 the employees performing the administrative and support functions 41 resulting from or related to the qualifying uses of such equipment are 42 located in this state or (ii) the average number of employees that 43 perform the administrative and support functions resulting from or 44 related to the qualifying uses of such equipment and are located in this 45 state during the taxable year for which the credit is claimed is equal 46 to or greater than ninety-five percent of the average number of employ- 47 ees that perform these functions and are located in this state during 48 the thirty-six months immediately preceding the year for which the cred- 49 it is claimed, or (iii) the number of employees located in this state 50 during the taxable year for which the credit is claimed is equal to or 51 greater than ninety percent of the number of employees located in this 52 state on December thirty-first, nineteen hundred ninety-eight or, if the 53 taxpayer was not a calendar year taxpayer in nineteen hundred ninety- 54 eight, the last day of its first taxable year ending after December 55 thirty-first, nineteen hundred ninety-eight. If the taxpayer becomes 56 subject to tax in this state after the taxable year beginning in nine-S. 23 3 1 teen hundred ninety-eight, then the taxpayer is not required to satisfy 2 the employment test provided in the preceding sentence of this subpara- 3 graph for its first taxable year. For purposes of clause (iii) of this 4 subparagraph the employment test will be based on the number of employ- 5 ees located in this state on the last day of the first taxable year the 6 taxpayer is subject to tax in this state. If the uses of the property 7 must be aggregated to determine whether the property is principally used 8 in qualifying uses, then either each affiliate using the property must 9 satisfy this employment test or this employment test must be satisfied 10 through the aggregation of the employees of the taxpayer, its affiliated 11 regulated broker, dealer, and registered investment adviser using the 12 property. For purposes of clause (A) of this subparagraph, tangible 13 personal property and other tangible property shall not include property 14 principally used by the taxpayer in the production or distribution of 15 electricity, natural gas after extraction from wells, steam, or water 16 delivered through pipes and mains. For purposes of the credit allowed by 17 clause (A) of this subparagraph, for a taxpayer that is an eligible 18 farmer as provided in paragraph (a-1) of this subdivision, the eligible 19 cost of goods shall include the cost of standard construction materials 20 and labor used in the construction of residential housing occupied farm 21 workers employed by the taxpayer to provide labor in the production of 22 the qualifying product produced by the taxpayer, provided such costs 23 satisfy the other requirements of this subparagraph. 24 § 2. Subparagraph (A) of paragraph 2 of subsection (a) of section 606 25 of the tax law, as amended by section 3 of part P of chapter 59 of the 26 laws of 2017, is amended to read as follows: 27 (A) A credit shall be allowed under this subsection with respect to 28 tangible personal property and other tangible property, including build- 29 ings and structural components of buildings, which are: depreciable 30 pursuant to section one hundred sixty-seven of the internal revenue 31 code, have a useful life of four years or more, are acquired by purchase 32 as defined in section one hundred seventy-nine (d) of the internal 33 revenue code, have a situs in this state and are (i) principally used by 34 the taxpayer in the production of goods by manufacturing, processing, 35 assembling, refining, mining, extracting, farming, agriculture, horti- 36 culture, floriculture, viticulture or commercial fishing, (ii) indus- 37 trial waste treatment facilities or air pollution control facilities, 38 used in the taxpayer's trade or business, (iii) research and development 39 property, (iv) principally used in the ordinary course of the taxpayer's 40 trade or business as a broker or dealer in connection with the purchase 41 or sale (which shall include but not be limited to the issuance, enter- 42 ing into, assumption, offset, assignment, termination, or transfer) of 43 stocks, bonds or other securities as defined in section four hundred 44 seventy-five (c)(2) of the Internal Revenue Code, or of commodities as 45 defined in section 475(e) of the Internal Revenue Code, (v) principally 46 used in the ordinary course of the taxpayer's trade or business of 47 providing investment advisory services for a regulated investment compa- 48 ny as defined in section eight hundred fifty-one of the Internal Revenue 49 Code, or lending, loan arrangement or loan origination services to 50 customers in connection with the purchase or sale (which shall include 51 but not be limited to the issuance, entering into, assumption, offset, 52 assignment, termination, or transfer) of securities as defined in 53 section four hundred seventy-five (c)(2) of the Internal Revenue Code, 54 or (vi) principally used as a qualified film production facility includ- 55 ing qualified film production facilities having a situs in an empire 56 zone designated as such pursuant to article eighteen-B of the generalS. 23 4 1 municipal law, where the taxpayer is providing three or more services to 2 any qualified film production company using the facility, including such 3 services as a studio lighting grid, lighting and grip equipment, multi- 4 line phone service, broadband information technology access, industrial 5 scale electrical capacity, food services, security services, and heat- 6 ing, ventilation and air conditioning. For purposes of clauses (iv) and 7 (v) of this subparagraph, property purchased by a taxpayer affiliated 8 with a regulated broker, dealer, or registered investment adviser is 9 allowed a credit under this subsection if the property is used by its 10 affiliated regulated broker, dealer or registered investment adviser in 11 accordance with this subsection. For purposes of determining if the 12 property is principally used in qualifying uses, the uses by the taxpay- 13 er described in clauses (iv) and (v) of this subparagraph may be aggre- 14 gated. In addition, the uses by the taxpayer, its affiliated regulated 15 broker, dealer and registered investment adviser under either or both of 16 those clauses may be aggregated. Provided, however, a taxpayer shall not 17 be allowed the credit provided by clauses (iv) and (v) of this subpara- 18 graph unless (I) eighty percent or more of the employees performing the 19 administrative and support functions resulting from or related to the 20 qualifying uses of such equipment are located in this state, or (II) the 21 average number of employees that perform the administrative and support 22 functions resulting from or related to the qualifying uses of such 23 equipment and are located in this state during the taxable year for 24 which the credit is claimed is equal to or greater than ninety-five 25 percent of the average number of employees that perform these functions 26 and are located in this state during the thirty-six months immediately 27 preceding the year for which the credit is claimed, or (III) the number 28 of employees located in this state during the taxable year for which the 29 credit is claimed is equal to or greater than ninety percent of the 30 number of employees located in this state on December thirty-first, 31 nineteen hundred ninety-eight or, if the taxpayer was not a calendar 32 year taxpayer in nineteen hundred ninety-eight, the last day of its 33 first taxable year ending after December thirty-first, nineteen hundred 34 ninety-eight. If the taxpayer becomes subject to tax in this state after 35 the taxable year beginning in nineteen hundred ninety-eight, then the 36 taxpayer is not required to satisfy the employment test provided in the 37 preceding sentence of this subparagraph for its first taxable year. For 38 the purposes of clause (III) of this subparagraph the employment test 39 will be based on the number of employees located in this state on the 40 last day of the first taxable year the taxpayer is subject to tax in 41 this state. If the uses of the property must be aggregated to determine 42 whether the property is principally used in qualifying uses, then either 43 each affiliate using the property must satisfy this employment test or 44 this employment test must be satisfied through the aggregation of the 45 employees of the taxpayer, its affiliated regulated broker, dealer, and 46 registered investment adviser using the property. For purposes of clause 47 (i) of this subparagraph, tangible personal property and other tangible 48 property shall not include property principally used by the taxpayer in 49 the production or distribution of electricity, natural gas after 50 extraction from wells, steam, or water delivered through pipes and 51 mains. For purposes of the credit allowed by clause (i) of this subpara- 52 graph, for a taxpayer that is an eligible farmer as provided in para- 53 graph one-a of this subsection, the eligible cost of goods shall include 54 the cost of standard construction materials and labor used in the 55 construction of residential housing occupied farm workers employed by 56 the taxpayer to provide labor in the production of the qualifying prod-S. 23 5 1 uct produced by the taxpayer, provided such costs satisfy the other 2 requirements of this subparagraph. 3 § 3. This act shall take effect on the first of January next succeed- 4 ing the date upon which it shall have become a law and shall apply to 5 tax years commencing on and after such effective date. Effective imme- 6 diately, the addition, amendment and/or repeal of any rule or regulation 7 necessary for the implementation of this act on its effective date are 8 authorized to be made and completed on or before such effective date.