Assembly Bill A8809

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

                                  8809

                          I N  A S S E M B L Y

                            February 14, 2014
                               ___________

Introduced  by  M. of A. KIM, WEPRIN, MOSLEY, SIMOTAS, BRAUNSTEIN, MOYA,
  CRESPO, SEPULVEDA, ROSENTHAL, ROZIC, MILLER -- read once and  referred
  to the Committee on Ways and Means

AN  ACT to amend the tax law, in relation to establishing a business tax
  credit for businesses that provide their communities with social spac-
  es that specifically allow persons age sixty-five or older  to  gather
  and stay for extended periods of time

  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 48 to read as follows:
  48.  COMMUNITY  CORNER CAFE TAX CREDIT. (A) GENERAL. FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN,  A  TAXPAYER
WHO  QUALIFIES  AS  A TRIPLE-C BUSINESS SHALL BE ALLOWED A CREDIT, TO BE
COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST  THE  TAX  IMPOSED  BY
THIS  ARTICLE,  FOR  PROVIDING  A QUALIFYING SOCIAL SETTING FOR EXTENDED
PERIODS OF TIME TO PERSONS AGE SIXTY-FIVE OR  OLDER.  THE  TAXPAYER  MAY
CLAIM  THE  CREDIT IN THE YEAR IN WHICH IT HAS PROVIDED SUCH SETTING FOR
ONE YEAR. IF THE TAXPAYER CLAIMS THE CREDIT ALLOWED UNDER THIS  SUBDIVI-
SION, THE TAXPAYER MAY NOT USE THE PROVISION OF SUCH SOCIAL SETTING THAT
IS  THE  BASIS  FOR THIS CREDIT ON THE BASIS OF ANY OTHER CREDIT ALLOWED
UNDER THIS ARTICLE.
  (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL BE  AT
LEAST  FIVE  THOUSAND  DOLLARS BUT SHALL NOT EXCEED TWENTY-FIVE THOUSAND
DOLLARS.
  (C) AS USED IN THIS SUBDIVISION: (1) A TRIPLE-C BUSINESS MEANS A BUSI-
NESS CERTIFIED BY THE DEPARTMENT AS A COMMUNITY CORNER CAFE BUSINESS.  A
TAXPAYER  SHALL  APPLY TO THE DEPARTMENT FOR CERTIFICATION AS A TRIPLE-C
BUSINESS IN ACCORDANCE WITH RULES AND  REGULATIONS  PROMULGATED  BY  THE
COMMISSIONER  AND  BY  SUBMITTING TO THE DEPARTMENT, IN SUCH FORM AS THE
DEPARTMENT MAY REQUIRE, PROOF OF PARTNERSHIP WITH AT LEAST  ONE  501(C)3
COMMUNITY-BASED  GROUP  THAT  SERVES SENIORS, AN OFFICIAL RECOMMENDATION
FROM A LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL AND A SIGNED  AGREEMENT
OF GUIDELINE TERMS.

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

                                                           LBD13946-02-4

A. 8809                             2

  (2)  A  "QUALIFYING  SOCIAL  SETTING"  MEANS AN AREA OF THE TAXPAYER'S
CAFE, COFFEE SHOP, DINER OR RESTAURANT WHICH IS DESIGNATED  FOR  USE  BY
PERSONS  SIXTY-FIVE  YEARS OR OLDER FOR THE PURPOSE OF SOCIAL GATHERINGS
FOR EXTENDED PERIODS OF TIME, WITHOUT THE REQUIREMENT THAT SUCH  PERSONS
MAKE A PURCHASE OF GOODS OR SERVICES FROM THE TAXPAYER'S FACILITY.
  (D) CARRYOVERS. IN NO EVENT SHALL THE CREDIT ALLOWED UNDER THIS SUBDI-
VISION  FOR  ANY  TAXABLE  YEAR REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE  OF  THIS
SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CRED-
IT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVER-
PAYMENT  OF  TAX  TO  BE  CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHT-
Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THER-
EON.
  S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is amended by adding a new clause (xxxvii) to read as
follows:

(XXXVII) COMMUNITY CORNER CAFE     AMOUNT OF THE CREDIT UNDER
TAX CREDIT                         SUBDIVISION
UNDER SUBSECTION (YY)              FORTY-EIGHT OF
                                   SECTION TWO HUNDRED TEN

  S 3. Subsections (yy) and (zz) of section  606  of  the  tax  law,  as
relettered  by section 5 of part H of chapter 1 of the laws of 2003, are
relettered subsections (yyy) and (zzz) and  a  new  subsection  (yy)  is
added to read as follows:
  (YY) COMMUNITY CORNER CAFE CREDIT. A TAXPAYER SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED IN SUBDIVISION FORTY-EIGHT OF SECTION TWO
HUNDRED TEN OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. IF
THE  AMOUNT  OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE
YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL  BE
TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
  S 4. The commissioner of the department of  taxation  and  finance  is
authorized  to  and shall take all measures he or she deems necessary to
implement the provisions of this act on or before  its  effective  date,
including establishing all guidelines, criteria and procedures necessary
to implement the Triple-C business certification process.
  S 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2014.