NY State Senate Bill 2011-S4990A

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
May 30, 2012	advanced to third reading
May 23, 2012	2nd report cal.
May 22, 2012	1st report cal.888
May 02, 2012	reported and committed to finance
Jan 04, 2012	referred to investigations and government operations
May 24, 2011	print number 4990a
May 24, 2011	amend (t) and recommit to investigations and government operations
May 02, 2011	referred to investigations and government operations

Votes

- May 2, 2012 - Investigations And Government Operations Committee Vote
  S4990A
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Investigations And Government Operations Committee Vote: May 2, 2012
      
      aye (4)
      
      Alesi
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      nay (2)
      
      Diaz
      
      Squadron
      
      aye wr (2)
      
      Peralta
      
      Zeldin
  May 22, 2012 - Finance Committee Vote
  S4990A
  
  Aye
  
  22
  
  Nay
  
  5
  
  Aye with Reservations
  
  8
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: May 22, 2012
      
      aye (22)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Saland
      
      Seward
      
      Young
      
      nay (5)
      
      Gianaris
      
      Krueger
      
      Montgomery
      
      Parker
      
      Squadron
      
      aye wr (8)
      
      Dilan
      
      Duane
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Rivera
      
      Stavisky
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2011-S4990 - Details

Current Committee:: Senate Rules
Law Section:: Tax Law
Laws Affected:: Amd §§210, 606 & 1456, Tax L

2011-S4990 - Summary

Expands the state investment tax credits to include tangible property used for providing investment advisory services or management of investment portfolios with investment objectives of over one million dollars.

2011-S4990 - Sponsor Memo

                                BILL NUMBER:S4990

TITLE OF BILL:
An act
to amend the tax law, in relation to the investment tax credits

PURPOSE OR GENERAL IDEA OF BILL:
To provide technical corrections to
Part YY-1 of the 2008-2009 Education, Labor and Family Assistance
Article VII Budget Bill, in order for the Investment Tax Credit to
continue to retain and grow the financial services industry in New
York and to make it competitive with other states.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1-3: Expands the investment tax credit (ITC) definition of
investment advisory activity so that investment advisory services
beyond those provided to Regulated Investment Companies (i.e., mutual
funds) will qualify for the ITC. The expanded definition reflects
changes in the business model that have occurred since the ITC was
originally enacted in 1998.

Section 4: Effective Date

JUSTIFICATION:
In 2008 the Legislature extended the ITC and made two
technical changes to the law. The first allowed a financial services

taxpayer to aggregate its broker/dealer and investment advisory
activities in determining whether property qualifies for the ITC (in
order to achieve more than 50% of use requirement). The second
revised eligibility requirements pertaining to the location of
employees.

However, in order for the ITC to have its intended economic impact,
the definition of "investment advisory activity" must be updated to
reflect current business activities. In 1998 when the ITC was first
enacted, investment advisory services were primarily provided to
Regulated Investment Companies (i.e. mutual funds). The business has
grown since then to advising pension funds and endowments among others.

By enacting this legislation into law, the financial services industry
will be prepared to expand and grow in New York. Facilities planning
that are currently taking place can consider New York State as
competitive with other states that have more favorable tax treatment.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill will
ultimately result in increased revenue to the state and city of New
York as high paying jobs are created and maintained in New York.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4990 - Bill Text download pdf

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

                                  4990

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  HANNON -- 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 the investment tax credits

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

  Section  1.  Subparagraph  (i)  of  paragraph (b) of subdivision 12 of
section 210 of the tax law, as amended by chapter 637  of  the  laws  of
2008, is amended to read as follows:
  (i)  A  credit shall be allowed under this subdivision with respect to
tangible personal property and other tangible property, including build-
ings and structural components  of  buildings,  which  are:  depreciable
pursuant  to  section  one  hundred sixty-seven of the [internal revenue
code] INTERNAL REVENUE CODE, have a useful life of four years  or  more,
are  acquired by purchase as defined in section one hundred seventy-nine
(d) of the [internal revenue code] INTERNAL REVENUE CODE, have  a  situs
in  this  state  and  are  (A)  principally  used by the taxpayer in the
production of goods by manufacturing, processing, assembling,  refining,
mining,  extracting,  farming,  agriculture, horticulture, floriculture,
viticulture or commercial fishing, (B) industrial waste treatment facil-
ities or air pollution control facilities, used in the taxpayer's  trade
or business, (C) research and development property, (D) principally used
in  the  ordinary course of the taxpayer's trade or business as a broker
or dealer in connection with the purchase or sale (which  shall  include
but  not  be limited to the issuance, entering into, assumption, offset,
assignment, termination, or transfer) of stocks, bonds or other  securi-
ties  as  defined  in  section  four  hundred seventy-five (c)(2) of the
Internal Revenue Code, or of commodities  as  defined  in  section  four
hundred  seventy-five  (e) of the Internal Revenue Code, (E) principally
used in the ordinary course of  the  taxpayer's  trade  or  business  of
providing investment advisory services for a regulated investment compa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11236-01-1

S. 4990                             2

ny as defined in section eight hundred fifty-one of the Internal Revenue
Code,  or  lending,  loan  arrangement  or  loan origination services to
customers in connection with the purchase or sale (which  shall  include
but  not  be limited to the issuance, entering into, assumption, offset,
assignment, termination,  or  transfer)  of  securities  as  defined  in
section  four  hundred seventy-five (c)(2) of the Internal Revenue Code,
(E-1) PRINCIPALLY USED IN THE ORDINARY COURSE OF THE TAXPAYER'S TRADE OR
BUSINESS OF PROVIDING INVESTMENT ADVISORY SERVICES, OR  THE  SERVICE  OF
MANAGING INVESTMENT PORTFOLIOS TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES
FOR  ACCOUNTS  OVER ONE MILLION DOLLARS OF ACCREDITED INVESTORS (AS THAT
TERM IS DEFINED IN RULE 501 OF REGULATION D OF  THE  SECURITIES  ACT  OF
1933), IF THE TAXPAYER SATISFIES THE FOLLOWING CRITERIA: (I) THE TAXPAY-
ER IS A REGULATED BROKER OR DEALER OR AN AFFILIATE OF A REGULATED BROKER
OR  DEALER,  (II)  THE  TAXPAYER  IS REGISTERED AS AN INVESTMENT ADVISER
UNDER SECTION TWO HUNDRED THREE OF THE INVESTMENT ADVISER ACT  OF  1940,
AS AMENDED, AND (III) AT LEAST ONE CLIENT OF THE TAXPAYER IS A REGULATED
INVESTMENT  COMPANY AS DEFINED IN SECTION EIGHT HUNDRED FIFTY-ONE OF THE
INTERNAL REVENUE CODE THAT HAS ASSETS IN EXCESS OF ONE  HUNDRED  MILLION
DOLLARS,  (F)  principally used in the ordinary course of the taxpayer's
business as an exchange registered as  a  national  securities  exchange
within  the  meaning  of  sections  3(a)(1)  and  6(a) of the Securities
Exchange Act of  1934  or  a  board  of  trade  as  defined  in  section
1410(a)(1) of the New York Not-for-Profit Corporation Law or as an enti-
ty  that  is  wholly  owned  by  one  or  more  such national securities
exchanges or boards of trade and that provides automation  or  technical
services thereto, or (G) principally used as a qualified film production
facility  including  qualified film production facilities having a situs
in an empire zone designated as such pursuant to article  eighteen-B  of
the general municipal law, where the taxpayer is providing three or more
services  to  any  qualified film production company using the facility,
including such services as a studio lighting  grid,  lighting  and  grip
equipment,  multi-line  phone  service, broadband information technology
access, industrial scale electrical capacity,  food  services,  security
services, and heating, ventilation and air conditioning. For purposes of
clauses (D), (E), (E-1) and (F) of this subparagraph, property purchased
by  a  taxpayer  affiliated  with a regulated broker, dealer, registered
investment adviser, national securities exchange or board of  trade,  is
allowed  a  credit under this subdivision if the property is used by its
affiliated regulated  broker,  dealer,  registered  investment  adviser,
national  securities  exchange or board of trade in accordance with this
subdivision. For purposes of determining if the property is  principally
used  in  qualifying uses, the uses by the taxpayer described in clauses
(D) [and], (E), AND (E-1) of this subparagraph  may  be  aggregated.  In
addition,  the  uses  by  the taxpayer, its affiliated regulated broker,
dealer, and registered investment adviser under [either or both] ANY  of
those  clauses  may be aggregated.   Provided, however, a taxpayer shall
not be allowed the credit provided by clauses (D), (E), (E-1) and (F) of
this subparagraph unless (I) eighty percent or  more  of  the  employees
performing  the  administrative  and support functions resulting from or
related to the qualifying uses of such equipment  are  located  in  this
state  or (II) the average number of employees that perform the adminis-
trative and support functions resulting from or related to the  qualify-
ing  uses  of  such  equipment  and are located in this state during the
taxable year for which the credit is claimed is equal to or greater than
ninety-five percent of the average  number  of  employees  that  perform
these  functions  and  are  located  in this state during the thirty-six

S. 4990                             3

months immediately preceding the year for which the credit  is  claimed,
or  (III) the number of employees located in this state during the taxa-
ble year for which the credit is claimed is equal  to  or  greater  than
ninety  percent  of  the  number  of  employees located in this state on
December thirty-first, nineteen hundred ninety-eight or, if the taxpayer
was not a calendar year taxpayer in nineteen hundred  ninety-eight,  the
last  day  of its first taxable year ending after December thirty-first,
nineteen hundred ninety-eight. If the taxpayer becomes subject to tax in
this state after the taxable year beginning in nineteen hundred  ninety-
eight,  then the taxpayer is not required to satisfy the employment test
provided in the preceding sentence of this subparagraph  for  its  first
taxable  year.  For  purposes  of  clause (III) of this subparagraph the
employment test will be based on the number of employees located in this
state on the last day of the first taxable year the taxpayer is  subject
to  tax in this state. If the uses of the property must be aggregated to
determine whether the property is principally used in  qualifying  uses,
then  either each affiliate using the property must satisfy this employ-
ment test or this employment test must be satisfied through  the  aggre-
gation  of  the  employees  of  the  taxpayer,  its affiliated regulated
broker, dealer, and registered investment adviser  using  the  property.
For  purposes  of  this  subdivision, the term "goods" shall not include
electricity.
  S 2.  Subparagraph (A) of paragraph 2 of subsection (a) of section 606
of the tax law, as amended by chapter  637  of  the  laws  of  2008,  is
amended to read as follows:
  (A)  A  credit  shall be allowed under this subsection with respect to
tangible personal property and other tangible property, including build-
ings and structural components  of  buildings,  which  are:  depreciable
pursuant  to  section  one  hundred  sixty-seven of the internal revenue
code, have a useful life of four years or more, are acquired by purchase
as defined in section one  hundred  seventy-nine  (d)  of  the  internal
revenue code, have a situs in this state and are (i) principally used by
the  taxpayer  in  the production of goods by manufacturing, processing,
assembling, refining, mining, extracting, farming,  agriculture,  horti-
culture,  floriculture,  viticulture  or commercial fishing, (ii) indus-
trial waste treatment facilities or air  pollution  control  facilities,
used in the taxpayer's trade or business, (iii) research and development
property, (iv) principally used in the ordinary course of the taxpayer's
trade  or business as a broker or dealer in connection with the purchase
or sale (which shall include but not be limited to the issuance,  enter-
ing  into,  assumption, offset, assignment, termination, or transfer) of
stocks, bonds or other securities as defined  in  section  four  hundred
seventy-five  (c)(2)  of the Internal Revenue Code, or of commodities as
defined in section 475(e) of the Internal Revenue Code, (v)  principally
used  in  the  ordinary  course  of  the taxpayer's trade or business of
providing investment advisory services for a regulated investment compa-
ny as defined in section eight hundred fifty-one of the Internal Revenue
Code, or lending, loan  arrangement  or  loan  origination  services  to
customers  in  connection with the purchase or sale (which shall include
but not be limited to the issuance, entering into,  assumption,  offset,
assignment,  termination,  or  transfer)  of  securities  as  defined in
section four hundred seventy-five (c)(2) of the Internal  Revenue  Code,
or  (vi) PRINCIPALLY USED IN THE ORDINARY COURSE OF THE TAXPAYER'S TRADE
OR BUSINESS OF PROVIDING INVESTMENT ADVISORY SERVICES, OR THE SERVICE OF
MANAGING INVESTMENT PORTFOLIOS TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES
FOR ACCOUNTS OVER ONE MILLION DOLLARS OF ACCREDITED INVESTORS  (AS  THAT

S. 4990                             4

TERM  IS  DEFINED  IN  RULE 501 OF REGULATION D OF THE SECURITIES ACT OF
1933), IF THE TAXPAYER SATISFIES THE FOLLOWING CRITERIA: (I) THE TAXPAY-
ER IS A REGULATED BROKER OR DEALER OR AN AFFILIATE OF A REGULATED BROKER
OR  DEALER,  (II)  THE  TAXPAYER  IS REGISTERED AS AN INVESTMENT ADVISER
UNDER SECTION TWO HUNDRED THREE OF THE INVESTMENT ADVISER ACT  OF  1940,
AS AMENDED, AND (III) AT LEAST ONE CLIENT OF THE TAXPAYER IS A REGULATED
INVESTMENT  COMPANY AS DEFINED IN SECTION EIGHT HUNDRED FIFTY-ONE OF THE
INTERNAL REVENUE CODE THAT HAS ASSETS IN EXCESS OF ONE  HUNDRED  MILLION
DOLLARS,  (VII) principally used as a qualified film production facility
including qualified film production facilities  having  a  situs  in  an
empire  zone  designated  as  such pursuant to article eighteen-B of the
general municipal law, where the taxpayer is  providing  three  or  more
services  to  any  qualified film production company using the facility,
including such services as a studio lighting  grid,  lighting  and  grip
equipment,  multi-line  phone  service, broadband information technology
access, industrial scale electrical capacity,  food  services,  security
services, and heating, ventilation and air conditioning. For purposes of
clauses  (iv)  [and],  (v)  AND  (VI)  of  this  subparagraph,  property
purchased by a taxpayer affiliated with a regulated broker,  dealer,  or
registered  investment adviser is allowed a credit under this subsection
if the property is used by its affiliated regulated  broker,  dealer  or
registered  investment  adviser  in accordance with this subsection. For
purposes of determining if the property is principally used in  qualify-
ing  uses, the uses by the taxpayer described in clauses (iv) [and], (v)
AND (VI) of this subparagraph may be aggregated. In addition,  the  uses
by  the taxpayer, its affiliated regulated broker, dealer and registered
investment adviser under either or both of those clauses may  be  aggre-
gated.  Provided,  however,  a  taxpayer shall not be allowed the credit
provided by clauses (iv) [and], (v) AND (VI) of this subparagraph unless
(I) eighty percent or more of the employees performing  the  administra-
tive  and  support functions resulting from or related to the qualifying
uses of such equipment are located in this state, or  (II)  the  average
number  of  employees  that perform the administrative and support func-
tions resulting from or related to the qualifying uses of such equipment
and are located in this state during the  taxable  year  for  which  the
credit is claimed is equal to or greater than ninety-five percent of the
average number of employees that perform these functions and are located
in  this  state  during  the thirty-six months immediately preceding the
year for which the credit is claimed, or (III) the number  of  employees
located  in  this  state during the taxable year for which the credit is
claimed is equal to or greater than ninety  percent  of  the  number  of
employees  located  in  this  state  on  December thirty-first, nineteen
hundred ninety-eight or, if the taxpayer was not a calendar year taxpay-
er in nineteen hundred ninety-eight, the last day of its  first  taxable
year  ending after December thirty-first, nineteen hundred ninety-eight.
If the taxpayer becomes subject to tax in this state after  the  taxable
year  beginning  in  nineteen hundred ninety-eight, then the taxpayer is
not required to satisfy the employment test provided  in  the  preceding
sentence  of  this  subparagraph  for  its  first  taxable year. For the
purposes of clause (III) of this subparagraph the employment  test  will
be  based  on  the number of employees located in this state on the last
day of the first taxable year the taxpayer is subject  to  tax  in  this
state.  If  the  uses  of  the  property must be aggregated to determine
whether the property is principally used in qualifying uses, then either
each affiliate using the property must satisfy this employment  test  or
this  employment  test  must be satisfied through the aggregation of the

S. 4990                             5

employees of the taxpayer, its affiliated regulated broker, dealer,  and
registered  investment  adviser using the property. For purposes of this
subsection, the term "goods" shall not include electricity.
  S  3. Paragraph 2 of subsection (i) of section 1456 of the tax law, as
amended by chapter 637 of the laws  of  2008,  is  amended  to  read  as
follows:
  (2)  A  credit  shall be allowed under this subsection with respect to
tangible personal property and other tangible property, including build-
ings and structural components  of  buildings,  which  are:  depreciable
pursuant  to  section  one  hundred  sixty-seven of the Internal Revenue
Code, have a useful life of four years or more, are acquired by purchase
as defined in section one  hundred  seventy-nine  (d)  of  the  Internal
Revenue Code, have a situs in this state and are (A) principally used in
the  ordinary  course of the taxpayer's trade or business as a broker or
dealer in connection with the purchase or sale (which shall include  but
not  be  limited  to  the  issuance,  entering into, assumption, offset,
assignment, termination, or transfer) of stocks, bonds or other  securi-
ties  as  defined  in  section  four hundred seventy-five (c) (2) of the
Internal Revenue Code, or of commodities  as  defined  in  section  four
hundred  seventy-five (e) of the Internal Revenue Code, [or] (B) princi-
pally used in the ordinary course of the taxpayer's trade or business of
providing investment advisory services for a regulated investment compa-
ny as defined in section eight hundred fifty-one of the Internal Revenue
Code, or lending, loan  arrangement  or  loan  origination  services  to
customers  in  connection with the purchase or sale (which shall include
but not be limited to the issuance, entering into,  assumption,  offset,
assignment,  termination,  or  transfer)  of  securities  as  defined in
section four hundred seventy-five (c) (2) of the Internal Revenue  Code,
OR  (C)  PRINCIPALLY USED IN THE ORDINARY COURSE OF THE TAXPAYER'S TRADE
OR BUSINESS OF PROVIDING INVESTMENT ADVISORY SERVICES, OR THE SERVICE OF
MANAGING INVESTMENT PORTFOLIOS TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES
FOR ACCOUNTS OVER ONE MILLION DOLLARS OF ACCREDITED INVESTORS  (AS  THAT
TERM  IS  DEFINED  IN  RULE 501 OF REGULATION D OF THE SECURITIES ACT OF
1933), IF THE TAXPAYER SATISFIES THE FOLLOWING CRITERIA: (I) THE TAXPAY-
ER IS A REGULATED BROKER OR DEALER OR AN AFFILIATE OF A REGULATED BROKER
OR DEALER, (II) THE TAXPAYER IS  REGISTERED  AS  AN  INVESTMENT  ADVISER
UNDER  SECTION  TWO HUNDRED THREE OF THE INVESTMENT ADVISER ACT OF 1940,
AS AMENDED, AND (III) AT LEAST ONE CLIENT OF THE TAXPAYER IS A REGULATED
INVESTMENT COMPANY AS DEFINED IN SECTION EIGHT HUNDRED FIFTY-ONE OF  THE
INTERNAL  REVENUE  CODE THAT HAS ASSETS IN EXCESS OF ONE HUNDRED MILLION
DOLLARS.  For purposes of subparagraphs (A) [and], (B) AND (C)  of  this
paragraph,  property purchased by a taxpayer affiliated with a regulated
broker, dealer, or registered investment adviser  is  allowed  a  credit
under  this  subsection  if the property is used by its affiliated regu-
lated broker, dealer, or registered  investment  adviser  in  accordance
with  this  subsection.  For  purposes of determining if the property is
principally used in qualifying uses, the uses by the taxpayer  described
in  subparagraphs (A) [and], (B) AND (C) of this paragraph may be aggre-
gated. In addition, the uses by the taxpayer, its  affiliated  regulated
broker, dealer and registered investment adviser under either or both of
such subparagraphs may be aggregated.
  S 4. This act shall take effect immediately.

2011-S4990A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Tax Law
Laws Affected:: Amd §§210, 606 & 1456, Tax L

2011-S4990A (ACTIVE) - Summary

2011-S4990A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4990A

TITLE OF BILL:
An act
to amend the tax law, in relation to an investment tax credit

PURPOSE OR GENERAL IDEA OF BILL:
To provide technical corrections to
Part YY-1 of the 2008-2009 Education, Labor and Family Assistance
Article VII Budget Bill, in order for the Investment Tax Credit to
continue to retain and grow the financial services industry in New
York and to make it competitive with other states.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1-3: Expands the investment tax credit (ITC) definition of
investment advisory activity so that investment advisory services
beyond those provided to Regulated Investment Companies (i.e., mutual
funds) will qualify for the ITC. The expanded definition reflects
changes in the business model that have occurred since the ITC was
originally enacted in 1998.

Section 4: Effective Date

JUSTIFICATION:
In 2008 the Legislature extended the ITC and made
two technical changes to the law. The first allowed a financial

services taxpayer to aggregate its broker/dealer and investment
advisory activities in determining whether property qualifies for the
ITC (in order to achieve more than 50% of use requirement). The
second revised eligibility requirements pertaining to the location of
employees.

However, in order for the ITC to have its intended economic impact,
the definition of "investment advisory activity" must be updated to
reflect current business activities. In 1998 when the ITC was first
enacted, investment advisory services were primarily provided to
Regulated Investment Companies (i,e, mutual funds). The business has
grown since then to advising pension funds and endowments among others.

By enacting this legislation into law, the financial services
industry will be prepared to expand and grow in New York. Facilities
planning that are currently taking place can consider New York State
as competitive with other states that have more favorable tax
treatment.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will
ultimately result in increased revenue to the state and city of New
York as high paying jobs are created and maintained in New York.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4990A (ACTIVE) - Bill Text download pdf

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

                                 4990--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to an investment tax credit

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

  Section 1. Subparagraph (i) of paragraph  (b)  of  subdivision  12  of
section  210  of  the  tax law, as amended by chapter 637 of the laws of
2008, is amended to read as follows:
  (i) A credit shall be allowed under this subdivision with  respect  to
tangible personal property and other tangible property, including build-
ings  and  structural  components  of  buildings, which are: depreciable
pursuant to section one hundred sixty-seven  of  the  [internal  revenue
code]  INTERNAL  REVENUE CODE, have a useful life of four years or more,
are acquired by purchase as defined in section one hundred  seventy-nine
(d)  of  the [internal revenue code] INTERNAL REVENUE CODE, have a situs
in this state and are (A)  principally  used  by  the  taxpayer  in  the
production  of goods by manufacturing, processing, assembling, refining,
mining, extracting, farming,  agriculture,  horticulture,  floriculture,
viticulture or commercial fishing, (B) industrial waste treatment facil-
ities  or air pollution control facilities, used in the taxpayer's trade
or business, (C) research and development property, (D) principally used
in the ordinary course of the taxpayer's trade or business as  a  broker
or  dealer  in connection with the purchase or sale (which shall include
but not be limited to the issuance, entering into,  assumption,  offset,
assignment,  termination, or transfer) of stocks, bonds or other securi-
ties as defined in section  four  hundred  seventy-five  (c)(2)  of  the
Internal  Revenue  Code,  or  of  commodities as defined in section four
hundred seventy-five (e) of the Internal Revenue Code,  (E)  principally
used  in  the  ordinary  course  of  the taxpayer's trade or business of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11236-02-1

S. 4990--A                          2

providing investment advisory services for a regulated investment compa-
ny as defined in section eight hundred fifty-one of the Internal Revenue
Code, or lending, loan  arrangement  or  loan  origination  services  to
customers  in  connection with the purchase or sale (which shall include
but not be limited to the issuance, entering into,  assumption,  offset,
assignment,  termination,  or  transfer)  of  securities  as  defined in
section four hundred seventy-five (c)(2) of the Internal  Revenue  Code,
(E-1) PRINCIPALLY USED IN THE ORDINARY COURSE OF THE TAXPAYER'S TRADE OR
BUSINESS  OF  PROVIDING  INVESTMENT ADVISORY SERVICES, OR THE SERVICE OF
MANAGING INVESTMENT PORTFOLIOS TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES
FOR ACCOUNTS OVER ONE MILLION DOLLARS OF ACCREDITED INVESTORS  (AS  THAT
TERM  IS DEFINED IN RULE FIVE HUNDRED ONE OF REGULATION D OF THE SECURI-
TIES ACT OF 1933), IF THE TAXPAYER SATISFIES THE FOLLOWING CRITERIA: (I)
THE TAXPAYER IS A REGULATED BROKER OR DEALER OR AN AFFILIATE OF A  REGU-
LATED BROKER OR DEALER, (II) THE TAXPAYER IS REGISTERED AS AN INVESTMENT
ADVISER UNDER SECTION TWO HUNDRED THREE OF THE INVESTMENT ADVISER ACT OF
1940,  AS  AMENDED,  AND  (III) AT LEAST ONE CLIENT OF THE TAXPAYER IS A
REGULATED INVESTMENT COMPANY AS DEFINED IN SECTION EIGHT HUNDRED  FIFTY-
ONE  OF  THE  INTERNAL  REVENUE  CODE  THAT  HAS ASSETS IN EXCESS OF ONE
HUNDRED MILLION DOLLARS, (F) principally used in the ordinary course  of
the  taxpayer's business as an exchange registered as a national securi-
ties exchange within the meaning of sections 3(a)(1)  and  6(a)  of  the
Securities  Exchange  Act  of  1934  or  a  board of trade as defined in
section 1410(a)(1) of the New York Not-for-Profit Corporation Law or  as
an  entity  that is wholly owned by one or more such national securities
exchanges or boards of trade and that provides automation  or  technical
services thereto, or (G) principally used as a qualified film production
facility  including  qualified film production facilities having a situs
in an empire zone designated as such pursuant to article  eighteen-B  of
the general municipal law, where the taxpayer is providing three or more
services  to  any  qualified film production company using the facility,
including such services as a studio lighting  grid,  lighting  and  grip
equipment,  multi-line  phone  service, broadband information technology
access, industrial scale electrical capacity,  food  services,  security
services, and heating, ventilation and air conditioning. For purposes of
clauses (D), (E), (E-1) and (F) of this subparagraph, property purchased
by  a  taxpayer  affiliated  with a regulated broker, dealer, registered
investment adviser, national securities exchange or board of  trade,  is
allowed  a  credit under this subdivision if the property is used by its
affiliated regulated  broker,  dealer,  registered  investment  adviser,
national  securities  exchange or board of trade in accordance with this
subdivision. For purposes of determining if the property is  principally
used  in  qualifying uses, the uses by the taxpayer described in clauses
(D) [and], (E), AND (E-1) of this subparagraph  may  be  aggregated.  In
addition,  the  uses  by  the taxpayer, its affiliated regulated broker,
dealer, and registered investment adviser under [either or both] ANY  of
those  clauses  may be aggregated.   Provided, however, a taxpayer shall
not be allowed the credit provided by clauses (D), (E), (E-1) and (F) of
this subparagraph unless (I) eighty percent or  more  of  the  employees
performing  the  administrative  and support functions resulting from or
related to the qualifying uses of such equipment  are  located  in  this
state  or (II) the average number of employees that perform the adminis-
trative and support functions resulting from or related to the  qualify-
ing  uses  of  such  equipment  and are located in this state during the
taxable year for which the credit is claimed is equal to or greater than
ninety-five percent of the average  number  of  employees  that  perform

S. 4990--A                          3

these  functions  and  are  located  in this state during the thirty-six
months immediately preceding the year for which the credit  is  claimed,
or  (III) the number of employees located in this state during the taxa-
ble  year  for  which  the credit is claimed is equal to or greater than
ninety percent of the number of  employees  located  in  this  state  on
December thirty-first, nineteen hundred ninety-eight or, if the taxpayer
was  not  a calendar year taxpayer in nineteen hundred ninety-eight, the
last day of its first taxable year ending after  December  thirty-first,
nineteen hundred ninety-eight. If the taxpayer becomes subject to tax in
this  state after the taxable year beginning in nineteen hundred ninety-
eight, then the taxpayer is not required to satisfy the employment  test
provided  in  the  preceding sentence of this subparagraph for its first
taxable year. For purposes of clause  (III)  of  this  subparagraph  the
employment test will be based on the number of employees located in this
state  on the last day of the first taxable year the taxpayer is subject
to tax in this state. If the uses of the property must be aggregated  to
determine  whether  the property is principally used in qualifying uses,
then either each affiliate using the property must satisfy this  employ-
ment  test  or this employment test must be satisfied through the aggre-
gation of the  employees  of  the  taxpayer,  its  affiliated  regulated
broker,  dealer,  and  registered investment adviser using the property.
For purposes of this subdivision, the term  "goods"  shall  not  include
electricity.
  S  2. Subparagraph (A) of paragraph 2 of subsection (a) of section 606
of the tax law, as amended by chapter  637  of  the  laws  of  2008,  is
amended to read as follows:
  (A)  A  credit  shall be allowed under this subsection with respect to
tangible personal property and other tangible property, including build-
ings and structural components  of  buildings,  which  are:  depreciable
pursuant  to  section  one  hundred sixty-seven of the [internal revenue
code] INTERNAL REVENUE CODE, have a useful life of four years  or  more,
are  acquired by purchase as defined in section one hundred seventy-nine
(d) of the [internal revenue code] INTERNAL REVENUE CODE, have  a  situs
in  this  state  and  are  (i)  principally  used by the taxpayer in the
production of goods by manufacturing, processing, assembling,  refining,
mining,  extracting,  farming,  agriculture, horticulture, floriculture,
viticulture or  commercial  fishing,  (ii)  industrial  waste  treatment
facilities  or  air pollution control facilities, used in the taxpayer's
trade or business, (iii) research and development property, (iv) princi-
pally used in the ordinary course of the taxpayer's trade or business as
a broker or dealer in connection with the purchase or sale (which  shall
include  but  not be limited to the issuance, entering into, assumption,
offset, assignment, termination, or transfer) of stocks, bonds or  other
securities as defined in section four hundred seventy-five (c)(2) of the
Internal Revenue Code, or of commodities as defined in section 475(e) of
the  Internal  Revenue Code, (v) principally used in the ordinary course
of the taxpayer's trade or business  of  providing  investment  advisory
services  for a regulated investment company as defined in section eight
hundred fifty-one  of  the  Internal  Revenue  Code,  or  lending,  loan
arrangement or loan origination services to customers in connection with
the  purchase  or  sale  (which  shall include but not be limited to the
issuance, entering into, assumption, offset, assignment, termination, or
transfer) of securities as defined in section four hundred  seventy-five
(c)(2)  of  the Internal Revenue Code, [or] (vi) PRINCIPALLY USED IN THE
ORDINARY COURSE OF THE TAXPAYER'S TRADE OR BUSINESS OF PROVIDING INVEST-
MENT ADVISORY SERVICES, OR THE SERVICE OF MANAGING INVESTMENT PORTFOLIOS

S. 4990--A                          4

TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES FOR ACCOUNTS OVER ONE  MILLION
DOLLARS  OF  ACCREDITED  INVESTORS (AS THAT TERM IS DEFINED IN RULE FIVE
HUNDRED ONE OF REGULATION D OF THE  SECURITIES  ACT  OF  1933),  IF  THE
TAXPAYER  SATISFIES  THE FOLLOWING CRITERIA: (I) THE TAXPAYER IS A REGU-
LATED BROKER OR DEALER OR AN AFFILIATE OF A REGULATED BROKER OR  DEALER,
(II)  THE  TAXPAYER IS REGISTERED AS AN INVESTMENT ADVISOR UNDER SECTION
TWO HUNDRED THREE OF THE INVESTMENT ADVISER ACT OF 1940, AS AMENDED, AND
(III) AT LEAST ONE CLIENT OF THE  TAXPAYER  IS  A  REGULATED  INVESTMENT
COMPANY  AS  DEFINED  IN SECTION EIGHT HUNDRED FIFTY-ONE OF THE INTERNAL
REVENUE CODE THAT HAS ASSETS IN EXCESS OF ONE HUNDRED  MILLION  DOLLARS,
OR  (VII)  principally  used  as  a  qualified  film production facility
including qualified film production facilities  having  a  situs  in  an
empire  zone  designated  as  such pursuant to article eighteen-B of the
general municipal law, where the taxpayer is  providing  three  or  more
services  to  any  qualified film production company using the facility,
including such services as a studio lighting  grid,  lighting  and  grip
equipment,  multi-line  phone  service, broadband information technology
access, industrial scale electrical capacity,  food  services,  security
services, and heating, ventilation and air conditioning. For purposes of
clauses  (iv)  [and],  (v)  AND  (VI)  of  this  subparagraph,  property
purchased by a taxpayer affiliated with a regulated broker,  dealer,  or
registered  investment adviser is allowed a credit under this subsection
if the property is used by its affiliated regulated  broker,  dealer  or
registered  investment  adviser  in accordance with this subsection. For
purposes of determining if the property is principally used in  qualify-
ing  uses, the uses by the taxpayer described in clauses (iv) and (v) of
this subparagraph may be  aggregated.  In  addition,  the  uses  by  the
taxpayer, its affiliated regulated broker, dealer and registered invest-
ment  adviser  under  either or both of those clauses may be aggregated.
Provided, however, a taxpayer shall not be allowed the  credit  provided
by  clauses  (iv)  [and],  (v)  AND (VI) of this subparagraph unless (I)
eighty percent or more of the employees  performing  the  administrative
and  support  functions resulting from or related to the qualifying uses
of such equipment are located in this state, or (II) the average  number
of  employees  that  perform  the  administrative  and support functions
resulting from or related to the qualifying uses of such  equipment  and
are  located  in this state during the taxable year for which the credit
is claimed is equal to or greater than ninety-five percent of the  aver-
age  number of employees that perform these functions and are located in
this state during the thirty-six months immediately preceding  the  year
for  which  the  credit  is  claimed,  or  (III) the number of employees
located in this state during the taxable year for which  the  credit  is
claimed  is  equal  to  or  greater than ninety percent of the number of
employees located in  this  state  on  December  thirty-first,  nineteen
hundred ninety-eight or, if the taxpayer was not a calendar year taxpay-
er  in  nineteen hundred ninety-eight, the last day of its first taxable
year ending after December thirty-first, nineteen hundred  ninety-eight.
If  the  taxpayer becomes subject to tax in this state after the taxable
year beginning in nineteen hundred ninety-eight, then  the  taxpayer  is
not  required  to  satisfy the employment test provided in the preceding
sentence of this subparagraph  for  its  first  taxable  year.  For  the
purposes  of  clause (III) of this subparagraph the employment test will
be based on the number of employees located in this state  on  the  last
day  of  the  first  taxable year the taxpayer is subject to tax in this
state. If the uses of the  property  must  be  aggregated  to  determine
whether the property is principally used in qualifying uses, then either

S. 4990--A                          5

each  affiliate  using the property must satisfy this employment test or
this employment test must be satisfied through the  aggregation  of  the
employees  of the taxpayer, its affiliated regulated broker, dealer, and
registered  investment  adviser using the property. For purposes of this
subsection, the term "goods" shall not include electricity.
  S 3. Paragraph 2 of subsection (i) of section 1456 of the tax law,  as
amended  by  chapter  637  of  the  laws  of 2008, is amended to read as
follows:
  (2) A credit shall be allowed under this subsection  with  respect  to
tangible personal property and other tangible property, including build-
ings  and  structural  components  of  buildings, which are: depreciable
pursuant to section one hundred  sixty-seven  of  the  Internal  Revenue
Code, have a useful life of four years or more, are acquired by purchase
as  defined  in  section  one  hundred  seventy-nine (d) of the Internal
Revenue Code, have a situs in this state and are (A) principally used in
the ordinary course of the taxpayer's trade or business as a  broker  or
dealer  in connection with the purchase or sale (which shall include but
not be limited to  the  issuance,  entering  into,  assumption,  offset,
assignment,  termination, or transfer) of stocks, bonds or other securi-
ties as defined in section four hundred  seventy-five  (c)  (2)  of  the
Internal  Revenue  Code,  or  of  commodities as defined in section four
hundred seventy-five (e) of the Internal Revenue Code, [or] (B)  princi-
pally used in the ordinary course of the taxpayer's trade or business of
providing investment advisory services for a regulated investment compa-
ny as defined in section eight hundred fifty-one of the Internal Revenue
Code,  or  lending,  loan  arrangement  or  loan origination services to
customers in connection with the purchase or sale (which  shall  include
but  not  be limited to the issuance, entering into, assumption, offset,
assignment, termination,  or  transfer)  of  securities  as  defined  in
section  four  hundred seventy-five (c) (2) of the Internal Revenue Code
OR (C) PRINCIPALLY USED IN THE ORDINARY COURSE OF THE  TAXPAYER'S  TRADE
OR BUSINESS OF PROVIDING INVESTMENT ADVISORY SERVICES, OR THE SERVICE OF
MANAGING INVESTMENT PORTFOLIOS TO ACHIEVE SPECIFIC INVESTMENT OBJECTIVES
FOR  ACCOUNTS  OVER ONE MILLION DOLLARS OF ACCREDITED INVESTORS (AS THAT
TERM IS DEFINED IN RULE FIVE HUNDRED ONE OF REGULATION D OF THE  SECURI-
TIES  ACT OF OF 1933), IF THE TAXPAYER SATISFIES THE FOLLOWING CRITERIA:
(I) THE TAXPAYER IS A REGULATED BROKER OR DEALER OR AN  AFFILIATE  OF  A
REGULATED  BROKER  OR  DEALER,  (II)  THE  TAXPAYER  IS REGISTERED AS AN
INVESTMENT ADVISER UNDER SECTION TWO HUNDRED  THREE  OF  THE  INVESTMENT
ADVISER  ACT  OF  1940, AS AMENDED, AND (III) AT LEAST ONE CLIENT OF THE
TAXPAYER IS A REGULATED INVESTMENT COMPANY AS DEFINED IN  SECTION  EIGHT
HUNDRED FIFTY-ONE OF THE INTERNAL REVENUE CODE THAT HAS ASSETS IN EXCESS
OF ONE HUNDRED MILLION DOLLARS. For purposes of subparagraphs (A) [and],
(B)  AND  (C) of this paragraph, property purchased by a taxpayer affil-
iated with a regulated broker, dealer, or registered investment  adviser
is allowed a credit under this subsection if the property is used by its
affiliated regulated broker, dealer, or registered investment adviser in
accordance  with  this  subsection.  For  purposes of determining if the
property is principally used in qualifying uses, the uses by the taxpay-
er described in subparagraphs (A) [and], (B) AND (C) of  this  paragraph
may be aggregated. In addition, the uses by the taxpayer, its affiliated
regulated  broker, dealer and registered investment adviser under either
or both of such subparagraphs may be aggregated.
  S 4. This act shall take effect immediately.

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Senate Bill S4990A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 2, 2012 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: May 2, 2012

May 22, 2012 - Finance Committee Vote

Finance Committee Vote: May 22, 2012

Bill Amendments

2011-S4990 - Details

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2011-S4990A (ACTIVE) - Details

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2011-S4990 - Details

2011-S4990 - Summary

2011-S4990 - Sponsor Memo

2011-S4990 - Bill Text download pdf

2011-S4990A (ACTIVE) - Details

2011-S4990A (ACTIVE) - Summary

2011-S4990A (ACTIVE) - Sponsor Memo

2011-S4990A (ACTIVE) - Bill Text download pdf

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