S T A T E O F N E W Y O R K
________________________________________________________________________
7928
2011-2012 Regular Sessions
I N A S S E M B L Y
May 24, 2011
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Introduced by M. of A. SALADINO, BURLING -- Multi-Sponsored by -- M. of
A. McDONOUGH, THIELE -- read once and referred to the Committee on
Ways and Means
AN ACT to amend the tax law, in relation to establishing a residential
fuel oil storage tank credit against personal income taxes; and
providing for the repeal of such provisions upon expiration thereof
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 (p-1) to read as follows:
(P-1) RESIDENTIAL FUEL OIL STORAGE TANK CREDIT. (1) ALLOWANCE OF CRED-
IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER
PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR THE REMOVAL OR
PERMANENT CLOSURE AND INSTALLATION OF A BELOW-GROUND OR ABOVE-GROUND
RESIDENTIAL FUEL OIL STORAGE TANK USED TO PROVIDE HEATING FUEL FOR
SINGLE TO FOUR FAMILY RESIDENCES LOCATED IN THIS STATE.
(2) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE EQUAL TO THE COSTS
OF REMOVAL OR PERMANENT CLOSURE OF AN EXISTING UNPROTECTED BELOW-GROUND
OR ABOVE-GROUND RESIDENTIAL FUEL OIL TANK AND THE PURCHASE AND INSTALLA-
TION COSTS OF A NEW BELOW-GROUND OR ABOVE-GROUND RESIDENTIAL FUEL OIL
STORAGE TANK WHICH IS INSTALLED DURING THE TAXABLE YEAR WHERE SUCH NEW
TANK IS USED IN PLACE OF SUCH FORMERLY USED UNPROTECTED BELOW-GROUND OR
ABOVE-GROUND RESIDENTIAL FUEL OIL TANK WHICH WAS REMOVED OR PERMANENTLY
CLOSED DURING THE TAXABLE YEAR OR THE IMMEDIATELY PRECEDING TAXABLE
YEAR, NOT TO EXCEED FIVE HUNDRED DOLLARS.
(3) LIMITATIONS. A CREDIT ALLOWED UNDER THIS SUBSECTION MAY BE ALLOWED
ONLY ONCE WITH RESPECT TO A PARTICULAR RESIDENCE.
(4) CARRYOVER. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS
SUBSECTION EXCEEDS THE TAXPAYER'S TAX FOR ANY TAXABLE YEAR, THE EXCESS
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09034-01-1
A. 7928 2
S 2. This act shall take effect April 1, 2011 and shall expire and be
deemed repealed January 1, 2016; provided that the amendments to section
606 of the tax law made by section one of this act shall apply to taxa-
ble years 2011, 2012, 2013, 2014 and 2015 and only for any existing
residential fuel oil tanks removed or closed after March 31, 2011.