NY State Senate Bill 2015-S3016A

Senate Bill S3016A

2015-2016 Legislative Session

Exempts farm operations from limited liability filing fees and certain business franchise taxes

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2016	print number 3016a
Feb 08, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Feb 02, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3016 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§658 & 210, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2482
2011-2012: S846
2013-2014: S2684
2017-2018: S445

2015-S3016 - Summary

Exempts farm operations from limited liability filing fees and certain business franchise taxes.

2015-S3016 - Sponsor Memo

2015-S3016 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3016

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by Sens. YOUNG, BONACIC, GALLIVAN, RANZENHOFER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the tax law, in relation to  limited  liability  company
  fees and business corporation franchise taxes for farms and commercial
  horse boarding operations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 3 of subsection (c) of section  658  of  the  tax
law,  as  amended  by section 1 of part H-1 of chapter 57 of the laws of
2009, subparagraph (A) as amended by section 18 of part U of chapter  61
of the laws of 2011, is amended to read as follows:
  (3)  Filing  fees.   (A) Every subchapter K limited liability company,
every limited liability company that is a disregarded entity for federal
income tax purposes, and every partnership which has any income  derived
from  New  York  sources,  determined  in accordance with the applicable
rules of section six hundred thirty-one of this article as in  the  case
of a nonresident individual, shall, within sixty days after the last day
of  the  taxable  year,  make  a payment of a filing fee.  SUCH DEADLINE
SHALL NOT APPLY TO FARMS OR COMMERCIAL HORSE BOARDING OPERATIONS,  WHICH
SHALL,  WITHIN ONE HUNDRED TWENTY DAYS AFTER THE LAST DAY OF THE TAXABLE
YEAR, MAKE PAYMENT OF A FILING FEE. The amount of the filing fee is  the
amount  set  forth  in  subparagraph  (B) of this paragraph. The minimum
filing fee is twenty-five dollars for taxable  years  beginning  in  two
thousand  eight  and  thereafter.  Limited  liability companies that are
disregarded entities for federal income tax purposes must pay  a  filing
fee of twenty-five dollars for taxable years beginning on or after Janu-
ary first, two thousand eight.
  (B)  The  filing fee will be based on the New York source gross income
of the limited liability company or partnership  for  the  taxable  year
immediately  preceding the taxable year for which the fee is due. If the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06021-01-5

S. 3016                             2

limited liability company or partnership does  not  have  any  New  York
source gross income for the taxable year immediately preceding the taxa-
ble  year  for  which  the  fee is due, the limited liability company or
partnership  shall  pay the minimum filing fee. Partnerships, other than
limited liability partnerships under article eight-B of the  partnership
law  and  foreign  limited  liability  partnerships,  with less than one
million dollars in New York source gross  income  are  exempt  from  the
filing  fee. New York source gross income is the sum of the partners' or
members' shares of federal gross income from the partnership or  limited
liability  company  derived  from  or  connected  with New York sources,
determined in accordance with the  provisions  of  section  six  hundred
thirty-one  of  this  article  as  if  those  provisions and any related
provisions expressly referred to a computation of federal  gross  income
from  New  York  sources.  For  this  purpose,  federal  gross income is
computed without any allowance or deduction  for  cost  of  goods  sold,
EXCEPT  THAT  FOR  COMPANIES  ENGAGED PRIMARILY IN FARMING OR COMMERCIAL
HORSE BOARDING, FEDERAL GROSS INCOME SHALL BE BASED UPON NET  INCOME  AS
REPORTED FOR FEDERAL TAX PURPOSES.
  The  amount  of the filing fee for taxable years beginning on or after
January first, two thousand eight will be determined in accordance  with
the following table:

If the New York source gross income is:         The fee is:
not more than $100,000                          $25
more than $100,000 but not over $250,000        $50
more than $250,000 but not over $500,000        $175
more than $500,000 but not over $1,000,000      $500
more than $1,000,000 but not over $5,000,000    $1,500
more than $5,000,000 but not over $25,000,000   $3,000
Over $25,000,000                                $4,500

  (C)  No  credits provided by this article may be taken against the fee
imposed by this paragraph.
  (D) Where the filing fee is not timely paid, it  shall  be  paid  upon
notice  and demand and shall be assessed, collected and paid in the same
manner as taxes, and for those purposes any reference in this article to
tax imposed by this article shall be deemed also to refer to this filing
fee.
  S 2. Subparagraph 1 of paragraph (d) of subdivision 1 of  section  210
of  the tax law, as amended by section 12 of part A of chapter 59 of the
laws of 2014, is amended to read as follows:
  (1) The amount prescribed by this paragraph  for  New  York  S  corpo-
rations will be determined in accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25
 more than $100,000 but not over $250,000             $   50
 more than $250,000 but not over $500,000             $  175
 more than $500,000 but not over $1,000,000           $  300
 more than $1,000,000 but not over $5,000,000         $1,000
 more than $5,000,000 but not over $25,000,000        $3,000
 Over $25,000,000                                     $4,500

Provided  further,  the amount prescribed by this paragraph for a quali-
fied New York manufacturer, as defined in subparagraph (vi) of paragraph
(a) of this subdivision, and a  qualified  emerging  technology  company

S. 3016                             3

under  paragraph  (c)  of  subdivision one of section thirty-one hundred
two-e of the public authorities law regardless of the ten million dollar
limitation expressed in subparagraph one of such paragraph (c)  will  be
determined in accordance with the following tables:
For  tax  years beginning on or after January 1, 2014 and before January
1, 2015:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   23
 more than $100,000 but not over $250,000             $   68
 more than $250,000 but not over $500,000             $  159
 more than $500,000 but not over $1,000,000           $  454
 more than $1,000,000 but not over $5,000,000         $1,362
 more than $5,000,000 but not over $25,000,000        $3,178
 Over $25,000,000                                     $4,500

For tax years beginning on or after January 1, 2015 and  before  January
1, 2016:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   22
 more than $100,000 but not over $250,000             $   66
 more than $250,000 but not over $500,000             $  153
 more than $500,000 but not over $1,000,000           $  439
 more than $1,000,000 but not over $5,000,000         $1,316
 more than $5,000,000 but not over $25,000,000        $3,070
 Over $25,000,000                                     $4,385

For  tax  years beginning on or after January 1, 2016 and before January
1, 2018:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   21
 more than $100,000 but not over $250,000             $   63
 more than $250,000 but not over $500,000             $  148
 more than $500,000 but not over $1,000,000           $  423
 more than $1,000,000 but not over $5,000,000         $1,269
 more than $5,000,000 but not over $25,000,000        $2,961
 Over $25,000,000                                     $4,230

For tax years beginning on or after January 1, 2018:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   19
 more than $100,000 but not over $250,000             $   56
 more than $250,000 but not over $500,000             $  131
 more than $500,000 but not over $1,000,000           $  375
 more than $1,000,000 but not over $5,000,000         $1,125
 more than $5,000,000 but not over $25,000,000        $2,625
 Over $25,000,000                                     $3,750

Otherwise the amount prescribed by this paragraph will be determined  in
accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25

S. 3016                             4

 more than $100,000 but not over $250,000             $   75
 more than $250,000 but not over $500,000             $  175
 more than $500,000 but not over $1,000,000           $  500
 more than $1,000,000 but not over $5,000,000         $1,500
 more than $5,000,000 but not over $25,000,000        $3,500
 more than $25,000,000 but not over $50,000,000       $5,000
 more than $50,000,000 but not over $100,000,000      $10,000
 more than $100,000,000 but not over $250,000,000     $20,000
 more than $250,000,000 but not over $500,000,000     $50,000
 more than $500,000,000 but not over $1,000,000,000   $100,000
 Over $1,000,000,000                                  $200,000

For  purposes  of  this  paragraph,  New  York receipts are the receipts
included in the numerator of the apportionment factor  determined  under
section  two  hundred ten-A OF THIS ARTICLE for the taxable year, EXCEPT
THAT FOR CORPORATIONS ENGAGED PRIMARILY IN FARMING OR  COMMERCIAL  HORSE
BOARDING,  THE  TERM NEW YORK RECEIPTS SHALL REFER TO NET FARM INCOME AS
REPORTED FOR FEDERAL TAX PURPOSES.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2015.

co-Sponsors

2015-S3016A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§658 & 210, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2482
2011-2012: S846
2013-2014: S2684
2017-2018: S445

2015-S3016A (ACTIVE) - Summary

Exempts farm operations from limited liability filing fees and certain business franchise taxes.

2015-S3016A (ACTIVE) - Sponsor Memo

2015-S3016A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3016--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by Sens. YOUNG, BONACIC, GALLIVAN, ORTT, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations and Government Operations -- 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  commit-
  tee

AN  ACT  to  amend the tax law, in relation to limited liability company
  fees and business corporation franchise taxes for farms and commercial
  horse boarding operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  3  of subsection (c) of section 658 of the tax
law, as amended by section 1 of part H-1 of chapter 57 of  the  laws  of
2009,  subparagraph (A) as amended by section 18 of part U of chapter 61
of the laws of 2011, subparagraph (E) as added by section 13 of  part  S
of chapter 59 of the laws of 2015, is amended to read as follows:
  (3)  Filing  fees.   (A) Every subchapter K limited liability company,
every limited liability company that is a disregarded entity for federal
income tax purposes, and every partnership which has any income  derived
from  New  York  sources,  determined  in accordance with the applicable
rules of section six hundred thirty-one of this article as in  the  case
of a nonresident individual, shall, within sixty days after the last day
of  the  taxable  year,  make  a payment of a filing fee.  SUCH DEADLINE
SHALL NOT APPLY TO FARMS OR COMMERCIAL HORSE BOARDING OPERATIONS,  WHICH
SHALL,  WITHIN ONE HUNDRED TWENTY DAYS AFTER THE LAST DAY OF THE TAXABLE
YEAR, MAKE PAYMENT OF A FILING FEE. The amount of the filing fee is  the
amount  set  forth  in  subparagraph  (B) of this paragraph. The minimum
filing fee is twenty-five dollars for taxable  years  beginning  in  two
thousand  eight  and  thereafter.  Limited  liability companies that are
disregarded entities for federal income tax purposes must pay  a  filing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06021-02-6

S. 3016--A                          2

fee of twenty-five dollars for taxable years beginning on or after Janu-
ary first, two thousand eight.
  (B)  The  filing fee will be based on the New York source gross income
of the limited liability company or partnership  for  the  taxable  year
immediately  preceding the taxable year for which the fee is due. If the
limited liability company or partnership does  not  have  any  New  York
source gross income for the taxable year immediately preceding the taxa-
ble  year  for  which  the  fee is due, the limited liability company or
partnership shall pay the minimum filing fee. Partnerships,  other  than
limited  liability partnerships under article eight-B of the partnership
law and foreign limited  liability  partnerships,  with  less  than  one
million  dollars  in  New  York  source gross income are exempt from the
filing fee. New York source gross income is the sum of the partners'  or
members'  shares of federal gross income from the partnership or limited
liability company derived from  or  connected  with  New  York  sources,
determined  in  accordance  with  the  provisions of section six hundred
thirty-one of this article  as  if  those  provisions  and  any  related
provisions  expressly  referred to a computation of federal gross income
from New York  sources.  For  this  purpose,  federal  gross  income  is
computed  without  any  allowance  or  deduction for cost of goods sold,
EXCEPT THAT FOR COMPANIES ENGAGED PRIMARILY  IN  FARMING  OR  COMMERCIAL
HORSE  BOARDING,  FEDERAL GROSS INCOME SHALL BE BASED UPON NET INCOME AS
REPORTED FOR FEDERAL TAX PURPOSES.
  The amount of the filing fee for taxable years beginning on  or  after
January  first, two thousand eight will be determined in accordance with
the following table:

If the New York source gross income is:         The fee is:
not more than $100,000                          $25
more than $100,000 but not over $250,000        $50
more than $250,000 but not over $500,000        $175
more than $500,000 but not over $1,000,000      $500
more than $1,000,000 but not over $5,000,000    $1,500
more than $5,000,000 but not over $25,000,000   $3,000
Over $25,000,000                                $4,500

  (C) No credits provided by this article may be taken against  the  fee
imposed by this paragraph.
  (D)  Where  the  filing  fee is not timely paid, it shall be paid upon
notice and demand and shall be assessed, collected and paid in the  same
manner as taxes, and for those purposes any reference in this article to
tax imposed by this article shall be deemed also to refer to this filing
fee.
  (E)  Notwithstanding  the  provisions of subsection (e) of section six
hundred ninety-seven of this article, the commissioner shall provide the
statements and other required information included  on  the  filing  fee
payment  form  under  section three hundred one of the limited liability
company law, subdivision (g) of section 121-1500 of the partnership law,
and subdivision (f) of section 121-1502 of the partnership law,  to  the
secretary of state for filing. Such provision may also include a copy or
image of that portion of the report solely pertinent to such information
to the extent feasible. The commissioner may also provide information on
noncompliance.
  S 2. Clause (E) of subparagraph 1 of paragraph (d) of subdivision 1 of
section  210 of the tax law, as amended by section 19 of part T of chap-
ter 59 of the laws of 2015, is amended to read as follows:

S. 3016--A                          3

  (E) For purposes of this paragraph, New York receipts are the receipts
included in the numerator of the apportionment factor  determined  under
section  two  hundred ten-A OF THIS ARTICLE for the taxable year, EXCEPT
THAT FOR CORPORATIONS ENGAGED PRIMARILY IN FARMING OR  COMMERCIAL  HORSE
BOARDING,  THE  TERM NEW YORK RECEIPTS SHALL REFER TO NET FARM INCOME AS
REPORTED FOR FEDERAL TAX PURPOSES.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.

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Senate Bill S3016A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2015-S3016 - Details

2015-S3016 - Summary

2015-S3016 - Sponsor Memo

2015-S3016 - Bill Text download pdf

co-Sponsors

2015-S3016A (ACTIVE) - Details

2015-S3016A (ACTIVE) - Summary

2015-S3016A (ACTIVE) - Sponsor Memo

2015-S3016A (ACTIVE) - Bill Text download pdf

Comments