S T A T E   O F   N E W   Y O R K
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                                  7278

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2011
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation to establishing  a  credit  for
  farmers who donate to a food bank or other emergency food program

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (n-1) to read as follows:
  (N-1) CREDIT FOR DONATIONS TO FOOD BANK OR EMERGENCY FOOD PROGRAM. (1)
GENERAL.  IN  THE  CASE  OF  A TAXPAYER WHO IS AN ELIGIBLE FARMER, THERE
SHALL BE ALLOWED A  CREDIT,  TO  BE  COMPUTED  AS  HEREINAFTER  PROVIDED
AGAINST  THE TAX IMPOSED BY THIS ARTICLE FOR THE TAXABLE YEAR REDUCED BY
THE CREDITS PERMITTED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE
TWENTY-FIVE PERCENT OF THE TAXPAYER'S QUALIFIED DONATIONS, AS DEFINED IN
PARAGRAPH (3) OF THIS SUBSECTION, MADE TO ANY FOOD BANK OR  OTHER  EMER-
GENCY  FOOD  PROGRAM  OPERATING WITHIN THIS STATE. IF THE CREDIT EXCEEDS
THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE,  AND  THE  COMPTROLLER,
SUBJECT  TO  A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS AN OVERPAY-
MENT, WITHOUT INTEREST, THE AMOUNT OF SUCH EXCESS.
  (2) ELIGIBLE FARMER. FOR PURPOSES OF THIS SUBSECTION, THE TERM "ELIGI-
BLE FARMER" MEANS A TAXPAYER WHOSE FEDERAL GROSS INCOME FROM FARMING FOR
THE TAXABLE YEAR IS AT LEAST TWO-THIRDS OF EXCESS FEDERAL GROSS  INCOME.
EXCESS  FEDERAL  GROSS  INCOME  MEANS THE AMOUNT OF FEDERAL GROSS INCOME
FROM ALL SOURCES FOR THE TAXABLE YEAR REDUCED BY THE SUM (NOT TO  EXCEED
THIRTY THOUSAND DOLLARS) OF THOSE ITEMS INCLUDED IN FEDERAL GROSS INCOME
WHICH  CONSIST  OF  (I)  EARNED INCOME, (II) PENSION PAYMENTS, INCLUDING
SOCIAL SECURITY  PAYMENTS,  (III)  INTEREST,  AND  (IV)  DIVIDENDS.  FOR
PURPOSES  OF  THIS PARAGRAPH, THE TERM "EARNED INCOME" SHALL MEAN WAGES,
SALARIES, TIPS AND OTHER EMPLOYEE COMPENSATION, AND THOSE ITEMS OF GROSS
INCOME WHICH ARE INCLUDIBLE IN THE  COMPUTATION  OF  NET  EARNINGS  FROM
SELF-EMPLOYMENT.  FOR  THE PURPOSES OF THIS PARAGRAPH, PAYMENTS FROM THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10940-01-1

A. 7278                             2

STATE'S FARMLAND PROTECTION PROGRAM, ADMINISTERED BY THE  DEPARTMENT  OF
AGRICULTURE  AND MARKETS, SHALL BE INCLUDED AS FEDERAL GROSS INCOME FROM
FARMING FOR OTHERWISE ELIGIBLE FARMERS.
  (3)  QUALIFIED  DONATION.  FOR  PURPOSES  OF THIS SUBSECTION, THE TERM
"QUALIFIED DONATION" MEANS A DONATION OF ANY EDIBLE FOOD ITEM TO A  FOOD
BANK OR OTHER EMERGENCY FOOD PROGRAM OPERATING WITHIN THIS STATE.
  S 2. This act shall take effect on January 1, 2012; provided, however,
if this act shall have become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after January 1, 2012.