Senate Bill S4123A

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

                                 4123--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 2, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN,  AVELLA,  CROCI,  FUNKE, LATIMER, ORTT,
  PANEPINTO, PARKER, SEWARD, VALESKY -- read twice and ordered  printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations -- recommitted to the Committee on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the tax law, in relation to establishing the venison
  donation tax credit

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

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (ccc) to read as follows:
  (CCC) VENISON DONATION TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
WHO PROVIDES DEER TO A NONPROFIT ORGANIZATION FOR THE PURPOSES OF  VENI-
SON  DONATION  SHALL  BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
PARAGRAPH TWO OF THIS SUBSECTION, AGAINST THE TAX IMPOSED BY THIS  ARTI-
CLE. TO QUALIFY FOR THE CREDIT PROVIDED IN THIS SECTION, A TAXPAYER MUST
DONATE  A  DEER  TO  A  NONPROFIT ORGANIZATION IN ITS ENTIRETY PROVIDED,
HOWEVER, THAT SUCH TAXPAYER MAY RETAIN THE HEAD,  NECK,  ANTLERS,  HIDES
AND/OR HOOVES OF SUCH DEER.
  (2)  AMOUNT  OF CREDIT. THE AMOUNT OF CREDIT SHALL EQUAL THE NUMBER OF
ADULT DEER DONATED, MULTIPLIED BY THE WEIGHT OF SUCH DEER WHICH  IN  ALL
CASES  SHALL  BE  DEEMED  FORTY-FIVE  POUNDS,  MULTIPLIED FURTHER BY THE
DONATED VENISON PRICE.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
SHALL  ANNUALLY  DETERMINE  THE  DONATED  VENISON PRICE ON OR BEFORE THE
FIRST DAY OF AUGUST. THE DONATED VENISON PRICE  SHALL  BE  WITHIN  FIFTY
PERCENT  OF  THE  TOTAL DETERMINED BY SUBTRACTING THE AVERAGE PROCESSING
COST PER POUND CHARGED BY MEAT PROCESSING  FACILITIES  FROM  THE  MARKET
PRICE  FOR  GROUND  BEEF  PROVIDED,  HOWEVER,  THAT IN NO CASE SHALL THE
DONATED VENISON PRICE BE LESS THAN ONE DOLLAR AND FIFTY CENTS PER POUND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09492-03-6
              

S. 4123--A                          2

  (3) APPLICATION OF CREDIT. 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 ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
SHALL BE PAID THEREON.
  S 2. Paragraph (a) of subdivision 1 of section 210 of the tax  law  is
amended by adding a new subparagraph (x) to read as follows:
  (X)  IN COMPUTING THE BUSINESS INCOME BASE, A TAXPAYER WHICH IS A MEAT
PROCESSING FACILITY SHALL BE ALLOWED A DEDUCTION EQUAL TO THE AMOUNT  OF
ANY  INCOME RECEIVED FROM A NONPROFIT ORGANIZATION IN EXCHANGE FOR PROC-
ESSING VENISON.
  S 3. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 44 to read as follows:
  (44) THE AMOUNT OF ANY INCOME RECEIVED FROM A  NONPROFIT  ORGANIZATION
IN EXCHANGE FOR PROCESSING VENISON.
  S  4.  This  act  shall take effect immediately and shall apply to all
taxable years beginning on and after January 1, 2017.