S T A T E O F N E W Y O R K
________________________________________________________________________
5030
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CAHILL,
CLARK, KOON, WEISENBERG -- read once and referred to the Committee on
Ways and Means
AN ACT to amend the tax law, in relation to eliminating deductibility
for certain expenses incurred in the advertising of prescription drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 9 of section 208 of the tax
law is amended by adding a new subparagraph 20 to read as follows:
(20) EXPENSES INCURRED BY A MANUFACTURER OR DISTRIBUTOR OF A DRUG, THE
DISPENSING OF WHICH TO A CONSUMER WITHOUT A PRESCRIPTION IS PROHIBITED
BY EITHER FEDERAL OR STATE LAW, FOR THE ADVERTISING OF SUCH DRUG TO
CONSUMERS.
S 2. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 39 to read as follows:
(39) EXPENSES INCURRED BY A MANUFACTURER OR DISTRIBUTOR OF A DRUG, THE
DISPENSING OF WHICH TO A CONSUMER WITHOUT A PRESCRIPTION IS PROHIBITED
BY EITHER FEDERAL OR STATE LAW, FOR THE ADVERTISING OF SUCH DRUG TO
CONSUMERS.
S 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January first of the year in which it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08274-01-9