S T A T E   O F   N E W   Y O R K
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                                  6022
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                             March 13, 2013
                               ___________
Introduced  by M. of A. GIGLIO, KOLB, RAIA, HAWLEY -- Multi-Sponsored by
  -- M. of A. BARCLAY, CROUCH, CURRAN, McDONOUGH, McKEVITT,  REILICH  --
  read once and referred to the Committee on Ways and Means
AN  ACT to amend the tax law, in relation to establishing business fran-
  chise and personal income tax credits for certain small businesses  in
  a village or small city
  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 29 to read as follows:
  29. SMALL BUSINESS CAPITAL TAX CREDIT. (A) A TAXPAYER SHALL BE ALLOWED
A  CREDIT,  TO  BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE
TAX IMPOSED BY THIS ARTICLE. SUCH CREDIT SHALL BE GRANTED TO ANY TAXPAY-
ER WHICH IS A SMALL BUSINESS WHEN THE SMALL BUSINESS  IS  LOCATED  IN  A
VILLAGE OR IN A CITY WITH A POPULATION OF LESS THAN THIRTY-FIVE THOUSAND
AS DETERMINED BY THE MOST RECENT FEDERAL DECENNIAL CENSUS. THE AMOUNT OF
THE CREDIT SHALL BE EQUAL TO TWENTY-FIVE PERCENT OF THE SUM OF QUALIFIED
INVESTMENTS IN SUCH SMALL BUSINESS, AS DETERMINED BY THE COMMISSIONER.
  (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL BUSINESS"
MEANS A BUSINESS WHICH EMPLOYS LESS THAN FIFTEEN EMPLOYEES.
  (C) THE CREDIT AND CARRYOVERS OF SUCH CREDIT ALLOWED UNDER THIS SUBDI-
VISION FOR ANY TAXABLE YEAR SHALL NOT, IN THE AGGREGATE, 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  CREDIT  OR  CARRYOVERS OF SUCH CREDIT, OR BOTH, ALLOWED
UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR  REDUCES  THE  TAX  TO  SUCH
AMOUNT,  ANY  AMOUNT  OF  CREDIT  OR  CARRYOVERS OF SUCH CREDIT THUS NOT
DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED  OVER  TO  THE  FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAX FOR SUCH YEAR OR YEARS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07820-01-3
A. 6022                             2
              
             
                          
                
  S  2. 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) SMALL BUSINESS                AMOUNT OF CREDIT UNDER
CAPITAL TAX CREDIT                   SUBDIVISION TWENTY-NINE OF
UNDER SUBSECTION (VV)                SECTION TWO HUNDRED TEN
  S  3. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
  (VV) SMALL BUSINESS CAPITAL  TAX  CREDIT.  (1)  A  TAXPAYER  SHALL  BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION, AGAINST
THE  TAX  IMPOSED  BY  THIS ARTICLE. SUCH CREDIT SHALL BE GRANTED TO ANY
TAXPAYER WHICH IS A SMALL BUSINESS WHEN THE SMALL BUSINESS IS LOCATED IN
A VILLAGE OR IN A CITY WITH A POPULATION OF LESS THAN THIRTY-FIVE  THOU-
SAND  AS  DETERMINED  BY  THE MOST RECENT FEDERAL DECENNIAL CENSUS.  THE
AMOUNT OF THE CREDIT SHALL BE EQUAL TO TWENTY-FIVE PERCENT OF THE SUM OF
QUALIFIED INVESTMENTS IN SUCH  SMALL  BUSINESS,  AS  DETERMINED  BY  THE
COMMISSIONER.
  (2)  FOR  THE  PURPOSES  OF THIS SUBSECTION, THE TERM "SMALL BUSINESS"
MEANS A BUSINESS WHICH EMPLOYS LESS THAN FIFTEEN EMPLOYEES.
  (3) THE CREDIT AND  CARRYOVERS  OF  SUCH  CREDIT  ALLOWED  UNDER  THIS
SUBSECTION  FOR ANY TAXABLE YEAR SHALL NOT, IN THE AGGREGATE, REDUCE THE
TAX DUE FOR SUCH YEAR  TO  BE  LESS  THAN  THE  HIGHER  OF  THE  AMOUNTS
PRESCRIBED  IN  PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED TEN OF THIS CHAPTER.  HOWEVER, IF THE AMOUNT OF CREDIT OR CARRY-
OVERS OF SUCH CREDIT, OR BOTH, ALLOWED UNDER  THIS  SUBSECTION  FOR  ANY
TAXABLE  YEAR  REDUCES  THE  TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT OR
CARRYOVERS OF SUCH CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE  YEAR  MAY
BE  CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM
THE TAX FOR SUCH YEAR OR YEARS.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
taxable years commencing on or after such date.