S T A T E O F N E W Y O R K
________________________________________________________________________
2919
2009-2010 Regular Sessions
I N S E N A T E
March 6, 2009
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Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to providing for a credit
against the personal income tax and the franchise tax on corporations
for certain bottling, packaging and labelling expenses of wineries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 210 of the tax law is amended by adding a new
subdivision 18-a to read as follows:
18-A. (A) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
BY THIS ARTICLE EQUAL TO THE AMOUNT ACTUALLY EXPENDED ON AND AFTER JANU-
ARY FIRST, TWO THOUSAND TEN FOR CASES, BOTTLES, CARAFES OR OTHER
CONTAINERS IN WHICH WINE PRODUCED FOR RESALE IS PACKAGED AND FOR CORKS
AND LABELS USED IN AND ON SUCH CONTAINERS; PROVIDED SUCH TAXPAYER IS
LICENSED AS A WINERY PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-SIX
OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
(B) IN NO EVENT SHALL THE CREDIT HEREIN PROVIDED FOR BE ALLOWED IN AN
AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE MINIMUM FIXED
BY PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. IF, HOWEVER, THE
AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 2. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
(QQ) (1) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
BY THIS ARTICLE EQUAL TO THE AMOUNT ACTUALLY EXPENDED ON AND AFTER JANU-
ARY FIRST, TWO THOUSAND TEN FOR CASES, BOTTLES, CARAFES OR OTHER
CONTAINERS IN WHICH WINE PRODUCED FOR RESALE IS PACKAGED AND FOR CORKS
AND LABELS USED IN AND ON SUCH CONTAINERS; PROVIDED SUCH TAXPAYER IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03682-01-9
S. 2919 2
LICENSED AS A WINERY PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-SIX
OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
(2) IN NO EVENT SHALL THE AMOUNT OF THE CREDIT HEREIN PROVIDED FOR BE
ALLOWED IN EXCESS OF THE TAXPAYER'S TAX FOR SUCH YEAR. HOWEVER, IF THE
AMOUNT OF CREDIT OTHERWISE ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXA-
BLE YEAR RESULTS IN SUCH EXCESS AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCT-
IBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR
YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR
YEARS.
S 3. This act shall take effect immediately.