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

                                  2312

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  RITCHIE, FUNKE, GALLIVAN, MARCHIONE, RANZENHOFER,
  SEWARD -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Investigations and Government Operations

AN ACT to amend the tax law, in relation to reducing farm-based taxes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs (A) and (B) of paragraph 3 of subsection  (c)
of section 658 of the tax law, subparagraph (A) as amended by section 18
of  part  U  of  chapter  61 of the laws of 2011 and subparagraph (B) as
amended by section 1 of part H-1 of chapter 57 of the laws of 2009,  are
amended to read as follows:
  (A)  Every  subchapter  K  limited  liability  company,  every limited
liability company that is a disregarded entity for  federal  income  tax
purposes,  and  every  partnership which has any income derived from New
York sources, determined in accordance  with  the  applicable  rules  of
section  six  hundred  thirty-one  of  this  article as in the case of a
nonresident individual, shall, within sixty days after the last  day  of
the  taxable  year,  make a payment of a filing fee. SUCH DEADLINE SHALL
NOT APPLY TO FARMS, COMMERCIAL HORSE BOARDING OPERATIONS OR AGRICULTURAL
SERVICE PROVIDERS SUBJECT TO THE FEE, WHICH SHALL,  WITHIN  ONE  HUNDRED
TWENTY  DAYS AFTER THE LAST DAY OF THE TAXABLE YEAR, MAKE PAYMENT OF ANY
REQUIRED FILING FEE. The amount of the filing  fee  is  the  amount  set
forth  in  subparagraph (B) of this paragraph. The minimum filing fee is
twenty-five dollars for taxable years beginning in  two  thousand  eight
and  thereafter.  Limited liability companies that are disregarded enti-
ties for federal income tax purposes must pay a filing  fee  of  twenty-
five  dollars for taxable years beginning on or after January first, two
thousand eight.
  (B) The filing fee will be based on the New York source  gross  income
of  the  limited  liability  company or partnership for the taxable year
immediately preceding the taxable year for which the fee is due. If  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07663-01-5
              

S. 2312                             2

limited  liability  company  or  partnership  does not have any New York
source gross income for the taxable year immediately preceding the taxa-
ble year for which the fee is due,  the  limited  liability  company  or
partnership  shall  pay the minimum filing fee. Partnerships, other than
limited liability partnerships under article eight-B of the  partnership
law  and  foreign  limited  liability  partnerships,  with less than one
million dollars in New York source gross  income  are  exempt  from  the
filing  fee. New York source gross income is the sum of the partners' or
members' shares of federal gross income from the partnership or  limited
liability  company  derived  from  or  connected  with New York sources,
determined in accordance with the  provisions  of  section  six  hundred
thirty-one  of  this  article  as  if  those  provisions and any related
provisions expressly referred to a computation of federal  gross  income
from  New  York  sources.  For  this  purpose,  federal  gross income is
computed without any allowance or deduction  for  cost  of  goods  sold,
EXCEPT THAT FOR COMPANIES ENGAGED PRIMARILY IN FARMING, COMMERCIAL HORSE
BOARDING  OR  AGRICULTURAL  SERVICE  PROVIDERS,  THE  TERM FEDERAL GROSS
INCOME SHALL MEAN NET INCOME AS REPORTED FOR FEDERAL TAX PURPOSES.
  The amount of the filing fee for taxable years beginning on  or  after
January  first, two thousand eight will be determined in accordance with
the following table:

If the New York source gross income is:         The fee is:
not more than $100,000                          $25
more than $100,000 but not over $250,000        $50
more than $250,000 but not over $500,000        $175
more than $500,000 but not over $1,000,000      $500
more than $1,000,000 but not over $5,000,000    $1,500
more than $5,000,000 but not over $25,000,000   $3,000
Over $25,000,000                                $4,500

  S 2. Subparagraph 1 of paragraph (d) of subdivision 1 of  section  210
of  the tax law, as amended by section 12 of part A of chapter 59 of the
laws of 2014, is amended to read as follows:
  (1) The amount prescribed by this paragraph  for  New  York  S  corpo-
rations will be determined in accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25
 more than $100,000 but not over $250,000             $   50
 more than $250,000 but not over $500,000             $  175
 more than $500,000 but not over $1,000,000           $  300
 more than $1,000,000 but not over $5,000,000         $1,000
 more than $5,000,000 but not over $25,000,000        $3,000
 Over $25,000,000                                     $4,500

Provided  further,  the amount prescribed by this paragraph for a quali-
fied New York manufacturer, as defined in subparagraph (vi) of paragraph
(a) of this subdivision, and a  qualified  emerging  technology  company
under  paragraph  (c)  of  subdivision one of section thirty-one hundred
two-e of the public authorities law regardless of the ten million dollar
limitation expressed in subparagraph one of such paragraph (c)  will  be
determined in accordance with the following tables:
For  tax  years beginning on or after January 1, 2014 and before January
1, 2015:

S. 2312                             3

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   23
 more than $100,000 but not over $250,000             $   68
 more than $250,000 but not over $500,000             $  159
 more than $500,000 but not over $1,000,000           $  454
 more than $1,000,000 but not over $5,000,000         $1,362
 more than $5,000,000 but not over $25,000,000        $3,178
 Over $25,000,000                                     $4,500

For  tax  years beginning on or after January 1, 2015 and before January
1, 2016:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   22
 more than $100,000 but not over $250,000             $   66
 more than $250,000 but not over $500,000             $  153
 more than $500,000 but not over $1,000,000           $  439
 more than $1,000,000 but not over $5,000,000         $1,316
 more than $5,000,000 but not over $25,000,000        $3,070
 Over $25,000,000                                     $4,385

For tax years beginning on or after January 1, 2016 and  before  January
1, 2018:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   21
 more than $100,000 but not over $250,000             $   63
 more than $250,000 but not over $500,000             $  148
 more than $500,000 but not over $1,000,000           $  423
 more than $1,000,000 but not over $5,000,000         $1,269
 more than $5,000,000 but not over $25,000,000        $2,961
 Over $25,000,000                                     $4,230

For tax years beginning on or after January 1, 2018:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   19
 more than $100,000 but not over $250,000             $   56
 more than $250,000 but not over $500,000             $  131
 more than $500,000 but not over $1,000,000           $  375
 more than $1,000,000 but not over $5,000,000         $1,125
 more than $5,000,000 but not over $25,000,000        $2,625
 Over $25,000,000                                     $3,750

Otherwise  the amount prescribed by this paragraph will be determined in
accordance with the following table:

If New York receipts are:                The fixed dollar minimum tax is:
 not more than $100,000                               $   25
 more than $100,000 but not over $250,000             $   75
 more than $250,000 but not over $500,000             $  175
 more than $500,000 but not over $1,000,000           $  500
 more than $1,000,000 but not over $5,000,000         $1,500
 more than $5,000,000 but not over $25,000,000        $3,500
 more than $25,000,000
 but not over $50,000,000                             $5,000

S. 2312                             4

 more than $50,000,000 but not over $100,000,000      $10,000
 more than $100,000,000 but not over $250,000,000     $20,000
 more than $250,000,000 but not over $500,000,000     $50,000
 more than $500,000,000 but not over $1,000,000,000   $100,000
 Over $1,000,000,000                                  $200,000

For  purposes  of  this  paragraph,  New  York receipts are the receipts
included in the numerator of the apportionment factor  determined  under
section  two  hundred ten-A OF THIS ARTICLE for the taxable year, EXCEPT
THAT FOR CORPORATIONS ENGAGED PRIMARILY  IN  FARMING,  COMMERCIAL  HORSE
BOARDING, OR PROVIDING AGRICULTURAL SERVICES, THE TERM NEW YORK RECEIPTS
SHALL REFER TO NET FARM INCOME AS REPORTED FOR FEDERAL TAX PURPOSES.
  S 3. This act shall take effect immediately.