|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
Relates to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings
Archive: Last Bill Status - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
view actions (12)
Jun 17, 2014 - floor VoteS7382580floor58Aye0Nay0Absent3Excused0Abstained
show floor vote details
Floor Vote: Jun 17, 2014aye (58)
Jun 16, 2014 - Rules committee VoteS7382220committee22Aye0Nay2Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S7382 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
S7382 - Bill Texts
Relates to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings.
view sponsor memo
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
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-
Section two defines a term relevant to Empire Zone tax exemption eligi-
Section three creates a mechanism for businesses to enforce their rights
afforded by this bill.
The purpose of the Empire Zone Program was to increase economic activity
in high unemployment and high poverty areas. This legislation supports
this objective by preserving contractual agreements entered into by a
QEZE in reliance upon promises by the state that equipment, purchased
and then used at an Empire Zone location, would qualify for the Empire
Zone sales tax exemption. Preserving these contracts will protect the
value of New York businesses' property and investments, and provide
clarity to these businesses in their work to comply with the Tax Law.
This bill follows a Division of Tax Appeals decision that held, for the
purpose of Empire Zone tax exemption determinations, that the process of
having inventoried, organized, stored and distributed property by a QEZE
from its Empire Zone location would qualify a QEZE for a sales tax
exemption for purchases. See Eastern Paramedics, Inc., DTA Nos. 822836
and 822837 (N.Y. Div. Tax App. Sept. 10, 2010).
It is not anticipated that there will be any fiscal impact in regard to
tax revenues collected from QEZE approved businesses, as such revenues
have not been collected as they are subject to ongoing litigation.
This act shall take effect immediately, be deemed to have been in effect
as of March 1, 2001, and apply to any Department of Taxation and Finance
matter commencing on or after March 1, 2001.
view full text
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. LBD15187-01-4 S. 7382 2 of such term as established by section two of this act. The division of tax appeals shall process and review, provide for a hearing of, and render a determination and decision in response to any such petition in accordance with the process set forth in part 3000 of the tax appeals tribunal rules of practice and procedure. Any determination or decision issued by the division of tax appeals pursuant to this act shall super- sede any inconsistent determination or decision, be deemed conclusive upon all parties and shall not be subject to review by any other unit in the division of tax appeals, by the tax appeals tribunal or by any court of the state. S 4. This act shall take effect immediately, shall be deemed to have been in full force and effect on and after March 1, 2001, and shall apply to any audit or enforcement proceeding of the department of taxa- tion and finance, or any other administrative matter or proceeding of such department, commencing on or after March 1, 2001.
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