Bill Text: NY S00273 | 2013-2014 | General Assembly | Amended

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Bill Title: Provides for an exemption from sales and use taxes on the sale of general aviation aircraft.

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Engrossed - Dead) 2014-06-20 - RECOMMITTED TO RULES [S00273 Detail]

Download: New_York-2013-S00273-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        273--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  LARKIN,  BONACIC,  BOYLE,  DeFRANCISCO, FLANAGAN,
         GIPSON, GRIFFO, GRISANTI, KENNEDY, LITTLE, MAZIARZ, NOZZOLIO,  O'MARA,
         RANZENHOFER,  RITCHIE,  ZELDIN  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government  Operations  --  reported favorably from said committee and
         committed to the Committee on Finance --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the Committee on Investigations  and  Government
         Operations  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the tax law, in relation to  exempting  from  sales  and
         compensating  use taxes the purchase of general aviation aircraft; and
         providing for the repeal of certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York aviation jobs act".
    3    S 2. Paragraph 1 of subdivision (dd) of section 1115 of the  tax  law,
    4  as  added  by  section 1 of part L of chapter 60 of the laws of 2004, is
    5  amended to read as follows:
    6    (1) Services otherwise taxable under paragraph  three  of  subdivision
    7  (c)  of  section eleven hundred five or under section eleven hundred ten
    8  of this article,  SALES  OF  GENERAL  AVIATION  AIRCRAFT,  and  tangible
    9  personal  property  purchased  and  used  by  the  person who sells such
   10  services in performing such services,  where  such  property  becomes  a
   11  physical  component  part  of  the  property upon which the services are
   12  performed or where such property is a  lubricant  applied  to  aircraft,
   13  shall  be  exempt  from  tax  under this article where such services are
   14  performed on aircraft.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01351-06-4
       S. 273--B                           2
    1    S 3. The commissioner of taxation and finance, in conjunction with the
    2  commissioner of transportation, shall review and analyze all statistical
    3  data available for the purpose of determining the economic  and  revenue
    4  impact  of  the sales and compensating use tax exemption for the sale of
    5  general  aviation  aircraft  enacted  by  section  two of this act. Such
    6  review and analysis shall include, but not be limited to, any  increases
    7  in  aviation-related  employment,  aircraft basing, aircraft maintenance
    8  and aircraft hangering within the state. The commissioner shall  compile
    9  his  or  her  findings  into  a  report, which shall be submitted, on or
   10  before November 1, 2019, to the governor, the temporary president of the
   11  senate and the speaker of the assembly.
   12    S 4. This act shall take effect April 1,  2015,  and  shall  apply  to
   13  sales  of  general aviation aircraft made and uses occurring on or after
   14  such effective date  in  accordance  with  the  applicable  transitional
   15  provisions of sections 1106 and 1107 of the tax law, but shall not apply
   16  to  sales  occurring  after  March 31, 2020, and section two of this act
   17  shall expire and be deemed repealed April 1,  2020.  Provided,  however,
   18  that  aircraft  subject to exemption pursuant to paragraph 1 of subdivi-
   19  sion (dd) of section 1115 of the tax law, as amended by section  two  of
   20  this  act,  shall  remain  so  exempt after the expiration and repeal of
   21  section two of this act,  including  instances  where  the  aircraft  is
   22  subsequently  sold  or the ownership is transferred or assigned, for the
   23  useful life of the aircraft. Provided, further, that the commissioner of
   24  taxation and finance shall be immediately authorized to adopt and  amend
   25  any   rules  or  regulations  and  to  issue  any  procedure,  forms  or
   26  instructions necessary to implement section  two  of  this  act  on  its
   27  effective date.