S T A T E O F N E W Y O R K
________________________________________________________________________
1312
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ZEBROWSKI, LUPARDO, BARRETT -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a local produce tax
credit
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 46 to read as follows:
46. LOCAL PRODUCE TAX CREDIT. (A) RESTAURANTS, TAVERNS, CAFETERIAS OR
OTHER BUSINESSES ENGAGED IN THE SALE OF FOODS PREPARED AND READY TO BE
EATEN MAY CLAIM THE LOCAL PRODUCE TAX CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE AT THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER, THAT THE
UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT BE CARRIED FORWARD
AND APPLIED IN ANOTHER TAX YEAR.
(B) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(1) "LOCAL PRODUCE" IS PRODUCE GROWN BY A PRODUCER WITH THE PRIDE OF
NEW YORK SYMBOL OF THE BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT
WITHIN THE STATE OF NEW YORK, FROM SEED OR CONCEPTION THROUGH FINAL
PRODUCT.
(2) "PRODUCER" IS AN INDIVIDUAL (WHETHER ACTING INDIVIDUALLY OR
THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP, BUSINESS ASSOCIATION,
OR EDUCATIONAL INSTITUTION) WHO IS A FARMER, STUDENT FARMER OR MANUFAC-
TURER OF FOODS OR GOODS IN NEW YORK STATE. IT SHALL NOT, HOWEVER,
INCLUDE A WHOLESALER OR DISTRIBUTOR.
(C) THE AMOUNT OF THE CREDIT SHALL BE ONE HUNDRED DOLLARS FOR EVERY
PURCHASE BY A BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT OF LOCAL
PRODUCE FOR SALE AT THE BUSINESS IN THE AGGREGATE AMOUNT OF ONE THOUSAND
DOLLARS OR MORE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00505-01-3
A. 1312 2
(D) BUSINESSES CLAIMING THE LOCAL PRODUCE TAX CREDIT SHALL SUBMIT A
COMPUTER-GENERATED REPORT WITH TAX RETURNS THAT CLAIM A TAX CREDIT. SUCH
REPORT SHALL INCLUDE THE NATURE OF THE BUSINESS, THE NAME OF THE PRODUC-
ER AND THE PHYSICAL PLACE OF THE BUSINESS WHERE THE PRODUCTS ARE
PRODUCED AND THE AMOUNT PAID BY THE BUSINESS TO THE PRODUCER AND THE
AMOUNT OF UNITS PURCHASED.
S 2. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
(VV) LOCAL PRODUCE TAX CREDIT. (1) RESTAURANTS, TAVERNS, CAFETERIAS OR
OTHER BUSINESSES ENGAGED IN THE SALE OF FOODS PREPARED AND READY TO BE
EATEN MAY CLAIM THE LOCAL PRODUCE TAX CREDIT AGAINST THE TAX IMPOSED BY
THIS ARTICLE AT THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER, THAT THE
UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT BE CARRIED FORWARD
AND APPLIED IN ANOTHER TAX YEAR.
(2) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "LOCAL PRODUCE" IS PRODUCE GROWN BY A PRODUCER WITH THE PRIDE OF
NEW YORK SYMBOL OF THE BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT
WITHIN THE STATE OF NEW YORK, FROM SEED OR CONCEPTION THROUGH FINAL
PRODUCT.
(B) "PRODUCER" IS AN INDIVIDUAL (WHETHER ACTING INDIVIDUALLY OR
THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP, BUSINESS ASSOCIATION,
OR EDUCATIONAL INSTITUTION) WHO IS A FARMER, STUDENT FARMER OR MANUFAC-
TURER OF FOODS OR GOODS IN NEW YORK STATE. IT SHALL NOT, HOWEVER,
INCLUDE A WHOLESALER OR DISTRIBUTOR.
(3) THE AMOUNT OF THE CREDIT SHALL BE ONE HUNDRED DOLLARS FOR EVERY
PURCHASE BY A BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT OF LOCAL
PRODUCE FOR SALE AT THE BUSINESS IN THE AGGREGATE AMOUNT OF ONE THOUSAND
DOLLARS OR MORE.
(4) BUSINESSES CLAIMING THE LOCAL PRODUCE TAX CREDIT SHALL SUBMIT A
COMPUTER-GENERATED REPORT WITH TAX RETURNS THAT CLAIM A TAX CREDIT. SUCH
REPORT SHALL INCLUDE THE NATURE OF THE BUSINESS, THE NAME OF THE PROCE-
DURE AND THE PHYSICAL PLACE OF THE BUSINESS WHERE THE PRODUCTS ARE
PRODUCED AND THE AMOUNT PAID BY THE BUSINESS TO THE PRODUCER AND THE
AMOUNT OF UNITS PURCHASED.
S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxv) to read as
follows:
(XXXV) LOCAL PRODUCE TAX CREDIT AMOUNT OF CREDIT UNDER
UNDER SUBSECTION (VV) SUBDIVISION FORTY-SIX OF
SECTION TWO HUNDRED TEN
S 4. This act shall take effect immediately.