Senate Bill S6946

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

                                  6946

                            I N  S E N A T E

                             April 13, 2012
                               ___________

Introduced  by  Sens.  VALESKY, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

AN ACT to amend the tax law, in relation to carryovers of the tax credit
  for the rehabilitation of historic properties and historic homes

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

  Section 1.  Paragraph 4 of subdivision 40 of section 210  of  the  tax
law,  as  amended by chapter 472 of the laws of 2010, is amended to read
as follows:
  (4) The credit allowed under this subdivision  for  any  taxable  year
shall  not  reduce  the tax due for such year to less than the higher of
the amounts prescribed in paragraphs (c) and (d) of subdivision  one  of
this  section. However, if the amount of the credit allowable under this
subdivision for any taxable year shall exceed  the  taxpayer's  tax  for
such  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.  FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND THIRTEEN, THE CREDIT AND ANY CARRYOVERS OF  SUCH  CREDIT  SHALL  BE
TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION TEN HUNDRED EIGHTY-SIX OF THIS CHAP-
TER.  PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION TEN
HUNDRED EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST  SHALL
BE PAID THEREON.
  S  2. Paragraph 4 of subsection (oo) of section 606 of the tax law, as
amended by chapter 239 of the laws  of  2009,  is  amended  to  read  as
follows:
  (4)  If  the  amount of the credit allowable under this subsection for
any taxable year shall exceed the taxpayer's  tax  for  such  year,  the
excess  may  be  carried over to the following year or years, and may be
applied against the taxpayer's tax for such year or years AND, FOR TAXA-
BLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, IF
THE AMOUNT OF CREDIT AND ANY CARRYOVERS OF SUCH CREDIT FROM PRIOR  TAXA-
BLE  YEARS  ALLOWABLE  UNDER  THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL

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

                                                           LBD15052-01-2

S. 6946                             2

EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED  AS
AN  OVERPAYMENT,  OF  TAX,  TO  BE  CREDITED  OR REFUNDED AS PROVIDED IN
SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER,  THAT
NO INTEREST SHALL BE PAID THEREON.
  S 3. Paragraph 4 of subdivision (u) of section 1456 of the tax law, as
added by chapter 472 of the laws of 2010, is amended to read as follows:
  (4)  The  credit  allowed  under  this subsection for any taxable year
shall not reduce the tax to less than the dollar amount fixed as a mini-
mum tax by subsection (b) of section fourteen hundred fifty-five of this
article. If the amount of credit allowable under this subsection for any
taxable year reduces the tax to such amount, 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. FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, THE CREDIT  AND  ANY  CARRY-
OVERS  OF  SUCH  CREDIT  FROM PRIOR TAXABLE YEARS SHALL BE TREATED AS AN
OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF SECTION TEN HUNDRED EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION TEN HUNDRED  EIGHT-
Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
EON.
  S 4. Paragraph 4 of subdivision (y) of section 1511 of the tax law, as
added by chapter 472 of the laws of 2010, is amended to read as follows:
  (4)  The  credit  allowed  under this subdivision for any taxable year
shall not reduce the tax due for such year  to  less  than  the  minimum
fixed  by  paragraph  four of subdivision (a) of section fifteen hundred
two or section fifteen hundred  two-a  of  this  article,  whichever  is
applicable.    If the amount of the credit allowable under this subdivi-
sion for any taxable year reduces the tax to such amount, 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.  FOR TAXABLE YEARS  BEGINNING
ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND THIRTEEN, THE CREDIT AND ANY
CARRYOVERS OF SUCH CREDIT FROM PRIOR TAXABLE YEARS SHALL BE  TREATED  AS
AN  OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TEN HUNDRED EIGHTY-SIX OF THIS CHAPTER.  PROVIDED,
HOWEVER,  THE PROVISIONS OF SUBSECTION (C) OF SECTION TEN HUNDRED EIGHT-
Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
EON.
  S 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2013.