Bill Text: NY S06797 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-31 - REPORTED AND COMMITTED TO FINANCE [S06797 Detail]

Download: New_York-2011-S06797-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6797--A
                                   I N  S E N A T E
                                    March 22, 2012
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment  Operations  --  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
   24  ONE  THOUSAND  EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,   THE
   25  PROVISIONS  OF  SUBSECTION  (C)  OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
   26  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14237-02-2
       S. 6797--A                          2
    1    S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    2  of  the  tax  law  is  amended by adding a new clause (xxxiv) to read as
    3  follows:
    4  (XXXIV) CREDIT FOR PURCHASE          PURCHASE AND INSTALLATION
    5  AND INSTALLATION OF A                COSTS OF A SECURITY SYSTEM
    6  SECURITY SYSTEM                      UNDER SUBDIVISION
    7  UNDER SUBSECTION (S-1)               TWENTY-FOUR-A OF SECTION
    8                                       TWO HUNDRED TEN OR
    9                                       SUBSECTION (J-1) OF
   10                                       SECTION FOURTEEN HUNDRED
   11                                       FIFTY-SIX
   12    S  3. Section 606 of the tax law is amended by adding a new subsection
   13  (s-1) to read as follows:
   14    (S-1) (1) CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM. A
   15  TAXPAYER SHALL BE ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE
   16  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF A SECU-
   17  RITY  SYSTEM,  AS  SUCH  TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR-A OF
   18  SECTION TWO HUNDRED TEN OF THIS CHAPTER, PROVIDED SUCH  TAXPAYER  REGIS-
   19  TERS  SUCH  SYSTEM  WITH THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
   20  SERVICES.   THE AMOUNT OF CREDIT SHALL EQUAL  THE  AMOUNT  PAID  BY  THE
   21  TAXPAYER  DURING  THE  TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR THE
   22  PURCHASE AND INSTALLATION OF ANY SECURITY SYSTEM. A TAXPAYER  SHALL  NOT
   23  BE ALLOWED A TAX CREDIT UNDER THIS SUBSECTION IF SUCH TAXPAYER PREVIOUS-
   24  LY RECEIVED A TAX CREDIT UNDER THIS SUBSECTION.
   25    (2)  IF  THE  AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION SHALL
   26  EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED  AS
   27  AN  OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
   28  PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE,  PROVIDED,
   29  HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   30    S 4. Section 1456 of the tax law is amended by adding a new subsection
   31  (j-1) to read as follows:
   32    (J-1)  (1)  CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY SYSTEM.
   33  A TAXPAYER SHALL BE ALLOWED A CREDIT AS  PROVIDED  IN  THIS  SUBSECTION,
   34  AGAINST  THE  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLA-
   35  TION OF A SECURITY SYSTEM, AS SUCH TERM IS DEFINED IN SUBDIVISION  TWEN-
   36  TY-FOUR-A  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER, PROVIDED SUCH
   37  TAXPAYER REGISTERS SUCH SYSTEM WITH THE DIVISION  OF  HOMELAND  SECURITY
   38  AND EMERGENCY SERVICES. THE AMOUNT OF CREDIT SHALL EQUAL THE AMOUNT PAID
   39  BY THE TAXPAYER DURING THE TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR
   40  THE PURCHASE AND INSTALLATION OF ANY SECURITY SYSTEM. THE CREDIT ALLOWED
   41  UNDER  THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE
   42  FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX FIXED BY  SUBSECTION  (B)  OF
   43  SECTION  FOURTEEN  HUNDRED  FIFTY-FIVE OF THIS ARTICLE. A TAXPAYER SHALL
   44  NOT BE ALLOWED A TAX CREDIT  UNDER  THIS  SUBSECTION  IF  SUCH  TAXPAYER
   45  PREVIOUSLY RECEIVED A TAX CREDIT UNDER THIS SUBSECTION.
   46    (2) HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR
   47  ANY  TAXABLE  YEAR  REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
   48  THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN  OVERPAY-
   49  MENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS
   50  OF  SECTION  ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,
   51  THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
   52  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   53    S 5. Section 1511 of the tax law is amended by adding a  new  subdivi-
   54  sion (1-1) to read as follows:
       S. 6797--A                          3
    1    (1-1)  (1)  CREDIT FOR PURCHASE AND INSTALLATION OF SECURITY SYSTEM. A
    2  TAXPAYER SHALL BE ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE
    3  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF A SECU-
    4  RITY    SYSTEM,  AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR-A OF
    5  SECTION TWO HUNDRED TEN OF THIS CHAPTER PROVIDED SUCH TAXPAYER REGISTERS
    6  SUCH  SYSTEM  WITH  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY
    7  SERVICES.   THE AMOUNT OF CREDIT SHALL EQUAL  THE  AMOUNT  PAID  BY  THE
    8  TAXPAYER  DURING  THE  TAXABLE YEAR, UP TO FIVE HUNDRED DOLLARS, FOR THE
    9  PURCHASE AND INSTALLATION OF ANY SECURITY  SYSTEM.  THE  CREDIT  ALLOWED
   10  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE
   11  FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR OF SUBDI-
   12  VISION  (A)  OF  SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE. A TAXPAYER
   13  SHALL NOT BE ALLOWED A TAX CREDIT UNDER THIS SUBDIVISION IF SUCH TAXPAY-
   14  ER PREVIOUSLY RECEIVED A TAX CREDIT UNDER THIS SUBDIVISION.
   15    (2) HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR
   16  ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY  AMOUNT  OF  CREDIT
   17  THUS  NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN OVERPAY-
   18  MENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS
   19  OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER.  PROVIDED,  HOWEVER,
   20  THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
   21  THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   22    S 6. This act shall take effect immediately and shall apply to taxable
   23  years commencing on or after January 1, 2013.
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