|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 17, 2014||vetoed memo.567|
|Dec 05, 2014||delivered to governor|
|Jun 19, 2014||returned to senate|
ordered to third reading rules cal.572
substituted for a10059
|Jun 17, 2014||referred to ways and means|
delivered to assembly
ordered to third reading cal.1476
committee discharged and committed to rules
|May 14, 2014||referred to investigations and government operations|
senate Bill S7382Vetoed By Governor
Archive: Last Bill Status - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
S7382 - Details
- See Assembly Version of this Bill:
- Law Section:
S7382 - Summary
Relates to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings.
S7382 - Sponsor Memo
BILL NUMBER:S7382 TITLE OF BILL: An act in relation to the meaning of the term "equip- ment" for purposes of department of taxation and finance audit or enforcement proceedings PURPOSE: This legislation would codify a holding of a Division of Tax Appeals decision to ensure fair and consistent tax treatment of certain equip- ment purchases by Qualified Empire Zone Enterprises (QEZE). SUMMARY OF SPECIFIC PROVISIONS: Section one defines personal tangible property subject to this legis- lation. Section two defines a term relevant to Empire Zone tax exemption eligi- bility determinations. Section three creates a mechanism for businesses to enforce their rights afforded by this bill. JUSTIFICATION: The purpose of the Empire Zone Program was to increase economic activity
S7382 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7382 I N S E N A T E May 14, 2014 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT in relation to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. For the purposes of this act, the term "equipment" shall mean a machine or system, and any part or subassembly thereof. S 2. Equipment shall be considered to be "directly and predominantly" used, as such term is used in clause (i) of paragraph 1 of subdivision (z) of section 1115 of the tax law, as repealed by section 30 of part S-1 of chapter 57 of the laws of 2009 and last amended by section 17 of part CC of chapter 85 of the laws of 2002, for the purposes of any department of taxation and finance audit or enforcement proceeding, or any other administrative matter or proceeding of such department, involving the interpretation, enforcement, or administration of such provision of the tax law, when such equipment was received, inventoried or organized, and then prepared for distribution at an empire zone location by the qualified empire zone enterprise operating at such location, provided that such equipment, upon distribution, is stocked, repaired, cleaned or otherwise handled for the purpose of maintenance or upkeep by employees of such qualified empire zone enterprise whose duties related to such service work originate from, and terminate at, the same empire zone location. S 3. Notwithstanding sections 2006, 2012, 2014, 2016 and 2018 of the tax law, part 3000 of the tax appeals tribunal rules of practice and procedure, or any determination of the division of tax appeals, the division of tax appeals shall accept a petition from any person or enti- ty that contests a determination or decision of the division of tax appeals related to the interpretation of the term "directly and predomi- nantly", as such term is used in the section of the tax law referenced in section two of this act, provided that such original determination or decision of the division of tax appeals was contrary to the definition EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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