Senate Bill S1697

2009-2010 Legislative Session

Grants $75 business franchise tax and personal income tax credits for donations of $500 or more of food and food products to food banks by food producers

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Archive: Last Bill Status - In Senate Committee Agriculture 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Feb 05, 2009	referred to agriculture

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2009-S1697 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §§210 & 606, Tax L

2009-S1697 (ACTIVE) - Summary

Grants $75 business franchise tax and personal income tax credits for donations of $500 or more of food and food products produced in this state to food banks by food producers and food processors.

2009-S1697 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1697

 TITLE OF BILL :
An act to amend the agriculture and markets law and the tax law, in
relation to establishing business corporation franchise tax and
personal income tax credits for the donation of food and food
products, having a value of five hundred dollars or more, to a food
bank by a food producer or processor


 PURPOSE :
Grants a $75 business franchise tax and personal income tax credit for
those farmers and food processors that donate NY produced food or food
products to regional food banks. The value of such crops or processed
foods must be over $500.

 SUMMARY OF PROVISIONS :
Section 1: Agriculture and Markets Law section 16 is amended to add a
new subdivision 44 which gives the Department of Agriculture and
Markets the statutory authority to advise the Department of Taxation
and Finance when Taxation and Finance is promulgating rules and
regulations to implement this chapter. The Department of Agriculture
and Markets is to advise on issues related to identifying approved
nonperishable crops that can be donated to regional food banks and
other bona fide local food bank organizations and how to estimate the
market value of such donations.

Section 2: Tax Law section 210 is amended to add a new subdivision 41
which allows for a franchise tax credit of $75 if a taxpayer, which is
a food producer or food processing establishment, donates during any
taxable year New York produced food and food products, which are
nonperishable and has a value of five hundred dollars or more, to bona
fide local food bank organizations and regional food banks.

Section 3: Tax Law section 606 subsection (i) is amended to adding,
"donations to food banks credit under subsection (qq)" and "amount of
credit under subdivision forty-one of section two hundred ten" for the
personal income tax schedule.

Section 4: Tax Law section 606 is amended to add a new subsection (qq)
to add a personal income tax credit of $75 for donations of food and
food products to food banks that is worth over $500.

 EXISTING LAW :
Under current law, business franchise tax and personal income tax
credits are not given to food producers or processors for donating
nonperishable goods to a food bank.

 JUSTIFICATION :
This State's food banks provide a very vital service to those
individuals and families that are in need. Under the State's current
economic condition, food banks need additional resources if they are
to continue to adequately service our State's families that are in
need. This bill encourages local farmers and those who process foods
to donate some of their surplus farm products to food pantries that
are desperately in need of additional food to provide for undeserved
families.

 LEGISLATIVE HISTORY :
S.8220 of 2008

 FISCAL IMPLICATIONS :
Minimal.

 LOCAL FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1697 (ACTIVE) - Bill Text download pdf

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

                                  1697

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced by Sens. LARKIN, DIAZ, O. JOHNSON, MORAHAN, SEWARD, VOLKER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Agriculture

AN ACT to amend the agriculture and markets law  and  the  tax  law,  in
  relation  to  establishing  business  corporation  franchise  tax  and
  personal income  tax  credits  for  the  donation  of  food  and  food
  products,  having  a  value of five hundred dollars or more, to a food
  bank by a food producer or processor

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 44 to read as follows:
  44. ADVISE AND COOPERATE WITH THE COMMISSIONER OF TAXATION AND FINANCE
IN  THE  PROMULGATION OF RULES AND REGULATIONS FOR THE IMPLEMENTATION OF
THE DONATION TO FOOD BANKS CREDIT ESTABLISHED  PURSUANT  TO  SUBDIVISION
FORTY-ONE  OF SECTION TWO HUNDRED TEN AND SUBSECTION (QQ) OF SECTION SIX
HUNDRED SIX OF THE TAX LAW. IN PARTICULAR, THE  DEPARTMENT  SHALL  ON  A
REGULAR BASIS ESTABLISH RULES DEFINING WHICH FOODS AND FOOD PRODUCTS ARE
NON-PERISHABLE,  WHICH  PERSONS ARE FOOD PRODUCERS, AND THE STANDARD FOR
DETERMINING THE VALUE OF CERTAIN QUANTITIES OF FOOD AND FOOD PRODUCTS.
  S 2. Section 210 of the tax law is amended by adding a new subdivision
41 to read as follows:
  41. DONATIONS TO FOOD BANKS CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAY-
ER WHICH IS A FOOD PRODUCER OR FOOD PROCESSING ESTABLISHMENT, AS DEFINED
IN ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW, SHALL BE ALLOWED
A CREDIT OF SEVENTY-FIVE DOLLARS AGAINST THE TAX IMPOSED BY  THIS  ARTI-
CLE,  IF  SUCH  TAXPAYER  DONATES  DURING ANY TAXABLE YEAR FOOD AND FOOD
PRODUCTS, WHICH ARE NON-PERISHABLE, PRODUCED FROM  FOOD  GROWN  IN  THIS
STATE  AND  HAVING A VALUE OF FIVE HUNDRED DOLLARS OR MORE, TO BONA FIDE
LOCAL FOOD BANK ORGANIZATIONS AND REGIONAL FOOD BANKS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06561-01-9

S. 1697                             2

  (B) DEFINITION. FOR THE PURPOSES OF THIS SUBDIVISION, "FOOD  AND  FOOD
PRODUCTS"  SHALL  HAVE  THE  SAME  MEANING AS ASCRIBED TO SUCH PHRASE BY
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW.
  (C)  APPLICATION  OF  CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
SUCH YEAR OR YEARS.
  (D) REGULATIONS. THE COMMISSIONER,  IN  CONSULTATION  AND  COOPERATION
WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL PROMULGATE RULES
AND REGULATIONS PROVIDING FOR THE IMPLEMENTATION OF  THE  PROVISIONS  OF
THIS  SUBDIVISION,  INCLUDING,  BUT NOT LIMITED TO, DEFINITIONS OF TERMS
AND PROOF OF DONATIONS MADE TO FOOD BANKS.
  S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law, as amended by section 2 of part ZZ-1 of chapter 57 of
the laws of 2008, is amended to read as follows:
  (B) shall be treated as the owner of a new business  with  respect  to
such  share  if  the corporation qualifies as a new business pursuant to
paragraph (j) of subdivision twelve of section two hundred ten  of  this
chapter.

                                     The corporation's credit base under
                                     section two hundred ten or section
With respect to the following        fourteen hundred fifty-six of this
credit under this section:           chapter is:

(I) Investment tax credit under      Investment credit base or qualified
subsection (a)                       rehabilitation expenditures under
                                     subdivision twelve of section two
                                     hundred ten

(II) Empire zone investment          Cost or other basis under
tax credit under subsection (j)      subdivision twelve-B of section
                                     two hundred ten

(III) Empire zone wage tax credit    Eligible wages under subdivision
under subsection (k)                 nineteen of section two hundred
                                     ten or subsection (e) of section
                                     fourteen hundred fifty-six

(IV) Empire zone capital tax         Qualified investments and
credit under subsection (l)          contributions under subdivision
                                     twenty of section two hundred ten
                                     or subsection (d) of section
                                     fourteen hundred fifty-six

(V) Agricultural property tax        Allowable school district property
credit under subsection (n)          taxes under subdivision twenty-two
                                     of section two hundred ten

(VI) Credit for employment of        Qualified first-year wages or
persons with disabilities            qualified second-year wages under
under subsection (o)                 subdivision twenty-three of
                                     section two hundred ten or
                                     subsection (f) of section
                                     fourteen hundred fifty-six

S. 1697                             3

(VII) Employment incentive credit    Applicable investment credit base
under subsection (a-1)               under subdivision twelve-D of
                                     section two hundred ten

(VIII) Empire zone employment        Applicable investment credit
incentive credit under subsection    under subdivision twelve-C of
(j-1)                                section two hundred ten

(IX) Alternative fuels credit        Cost under subdivision twenty-four
under subsection (p)                 of section two hundred ten

(X) Qualified emerging technology    Applicable credit base under
company employment credit under      subdivision twelve-E of section
subsection (q)                       two hundred ten

(XI) Qualified emerging technology   Qualified investments under
company capital tax credit under     subdivision twelve-F of section
subsection (r)                       two hundred ten

(XII) Credit for purchase of an      Cost of an automated external
automated external defibrillator     defibrillator under subdivision
under subsection (s)                 twenty-five of section two hundred
                                     ten or subsection (j) of section
                                     fourteen hundred fifty-six

(XIII) Low-income housing credit     Credit amount under subdivision
under subsection (x)                 thirty of section two hundred ten
                                     or subsection (l) of section
                                     fourteen hundred fifty-six

(XIV) Credit for transportation      Amount of credit under subdivision
improvement contributions under      thirty-two of section two hundred
subsection (z)                       ten or subsection (n) of section
                                     fourteen hundred fifty-six

(XV) QEZE credit for real property   Amount of credit under subdivision
taxes under subsection (bb)          twenty-seven of section two hundred
                                     ten or subsection (o) of section
                                     fourteen hundred fifty-six

(XVI) QEZE tax reduction credit      Amount of benefit period factor,
under subsection (cc)                employment increase factor and zone
                                     allocation factor (without regard
                                     to pro ration) under subdivision
                                     twenty-eight of section two hundred
                                     ten or subsection (p) of section
                                     fourteen hundred fifty-six and
                                     amount of tax factor as determined
                                     under subdivision (f) of section
                                     sixteen

(XVII) Green building credit under   Amount of green building credit
subsection (y)                       under subdivision thirty-one of
                                     section two hundred ten or
                                     subsection (m) of section fourteen
                                     hundred fifty-six

S. 1697                             4

(XVIII) Credit for long-term care    Qualified costs under subdivision
insurance premiums under subsection  twenty-five-a of section two
(aa)                                 hundred ten or subsection (k) of
                                     section fourteen hundred fifty-six

(XIX) Brownfield redevelopment       Amount of credit under subdivision
credit under subsection (dd)         thirty-three of section two hundred
                                     ten or subsection (q) of section
                                     fourteen hundred fifty-six

(XX) Remediated brownfield credit    Amount of credit under subdivision
for real property taxes for          thirty-four of section two hundred
qualified sites under subsection     ten or subsection (r) of section
(ee)                                 fourteen hundred fifty-six

(XXI) Environmental remediation      Amount of credit under subdivision
insurance credit under subsection    thirty-five of section two hundred
(ff)                                 ten or subsection (s) of section
                                     fourteen hundred fifty-six

(XXII) Empire state film production  Amount of credit for qualified
credit under subsection (gg)         production costs in production of a
                                     qualified film under subdivision
                                     thirty-six of section two hundred
                                     ten

(XXIII) Qualified emerging           Qualifying expenditures and
technology company facilities,       development activities under
operations and training credit       subdivision twelve-G of section two
under subsection (nn)                hundred ten

(XXIV) Security training tax credit  Amount of credit under subdivision
under subsection (ii)                thirty-seven of section two hundred
                                     ten or under subsection (t) of
                                     section fourteen hundred fifty-six

(XXV) Credit for qualified fuel      Amount of credit under subdivision
cell electric generating equipment   thirty-seven of section two hundred
expenditures under subsection (g-2)  ten or subsection (t) of section
                                     fourteen hundred fifty-six

(XXVI) Empire state commercial       Amount of credit for qualified
production credit under subsection   production costs in production of
(jj)                                 a qualified commercial under
                                     subdivision thirty-eight of
                                     section two hundred ten

(XXVII) Biofuel production tax       Amount of credit under subdivision
credit under subsection (jj)         thirty-eight of section two hundred
                                     ten

(XXVIII) Clean heating fuel credit   Amount of credit under subdivision
under subsection (mm)                thirty-nine of section two hundred
                                     ten

S. 1697                             5

(XXIX) Credit for rehabilitation     Amount of credit under subdivision
of historic properties under         forty of [subsection] SECTION
subsection (oo)                      two hundred ten

(XXX) Credit for companies who       Amount of credit under subdivision
provide transportation to            forty of section two hundred ten
individuals with disabilities under
subsection (oo)

(XXXI) DONATIONS TO FOOD BANKS       AMOUNT OF CREDIT UNDER SUBDIVISION
CREDIT UNDER SUBSECTION (QQ)         FORTY-ONE OF SECTION TWO HUNDRED
                                     TEN

  S  4. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
  (QQ) DONATIONS TO FOOD  BANKS  CREDIT.  (1)  ALLOWANCE  OF  CREDIT.  A
TAXPAYER  WHICH  IS A FOOD PRODUCER OR FOOD PROCESSING ESTABLISHMENT, AS
DEFINED IN ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW, SHALL BE
ALLOWED A CREDIT OF SEVENTY-FIVE DOLLARS AGAINST THE TAX IMPOSED BY THIS
ARTICLE, IF SUCH TAXPAYER DONATES DURING ANY TAXABLE YEAR FOOD AND  FOOD
PRODUCTS,  WHICH  ARE  NON-PERISHABLE,  PRODUCED FROM FOOD GROWN IN THIS
STATE AND HAVING A VALUE OF FIVE HUNDRED DOLLARS OR MORE, TO  BONA  FIDE
LOCAL FOOD BANK ORGANIZATIONS AND REGIONAL FOOD BANKS.
  (2)  DEFINITION.  FOR  THE PURPOSES OF THIS SUBSECTION, "FOOD AND FOOD
PRODUCTS" SHALL HAVE THE SAME MEANING AS  ASCRIBED  TO  SUCH  PHRASE  BY
ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW.
  (3)  APPLICATION  OF  CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
SUCH YEAR OR YEARS.
  (4) REGULATIONS. THE COMMISSIONER,  IN  CONSULTATION  AND  COOPERATION
WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL PROMULGATE RULES
AND REGULATIONS PROVIDING FOR THE IMPLEMENTATION OF  THE  PROVISIONS  OF
THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO, DEFINITIONS OF TERMS AND
PROOF OF DONATIONS MADE TO FOOD BANKS.
  S  5. This act shall take effect immediately, and shall apply to taxa-
ble years commencing on or after such date; provided, however  that  the
empire  state  film  production credit under subsection (gg), the empire
state commercial production credit under subsection (jj) and the  credit
for  companies  who provide transportation to individuals with disabili-
ties under subsection (oo) of section 606 of the tax  law  contained  in
section  three  of this act shall expire on the same date as provided in
section 9 of part P of chapter 60 of  the  laws  of  2004,  as  amended,
section  10  of part V of chapter 62 of the laws of 2006, as amended and
section 5 of chapter 522 of the laws of 2006, as amended, respectively.

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Senate Bill S1697

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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co-Sponsors

2009-S1697 (ACTIVE) - Details

2009-S1697 (ACTIVE) - Summary

2009-S1697 (ACTIVE) - Sponsor Memo

2009-S1697 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

2009-S1697 (ACTIVE) - Details

2009-S1697 (ACTIVE) - Summary

2009-S1697 (ACTIVE) - Sponsor Memo

2009-S1697 (ACTIVE) - Bill Text download pdf

Comments