senate Bill S1198

2013-2014 Legislative Session

Creates a local produce tax credit

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

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S1198 - Bill Details

See Assembly Version of this Bill:
A1312
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd ยงยง210 & 606, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1198
2011-2012: S4889, A7509

S1198 - Bill Texts

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Creates a local produce tax credit; provides that restaurants may claim the local produce tax credit in the amount of $100 for every $1,000 of local produce purchased for the restaurant; defines local produce as produce grown by a producer with the pride of NY symbol of the business claiming the local produce tax credit within NYS; requires the business to submit a report with tax returns stating the nature of the business, the name and location of the producer and the amount paid for the produce.

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BILL NUMBER:S1198

TITLE OF BILL:
An act
to amend the tax law, in relation to creating a local produce tax credit

PURPOSE OR GENERAL IDEA OF BILL:
This bill is aimed to supporting and promoting restaurants to purchase
locally grown produce. Any restaurant in New York State that
purchases produce with the "pride of New York" sticker on it will
receive a tax credit in the amount of $100 for every $1,000 made in
purchases.

SUMMARY OF SPECIFIC PROVISIONS:
Section 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.
"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.
Businesses claiming the local produce tax credit shall submit a
computer generated report with tax returns that claim a tax credit.

JUSTIFICATION:
New York State needs to help protect our farmers by promoting them.
New York State has many farms that grow fresh produce and should be
used and sold to restaurants, markets, taverns, and other
establishments that serve fresh food. This bill will help promote New
York agriculture and help keep our farmers in New York State.

PRIOR LEGISLATIVE HISTORY:
2011-12 - S.4889 - Referred to Investigations and Government Operations

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1198

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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

S. 1198                             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.

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