S T A T E O F N E W Y O R K
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2415
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. KIM, WEPRIN, MOSLEY, SIMOTAS, BRAUNSTEIN, MOYA,
CRESPO, SEPULVEDA, ROSENTHAL, ROZIC, MILLER -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a business tax
credit for businesses that provide their communities with social spac-
es that specifically allow persons age sixty-five or older to gather
and stay for extended periods of time
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 210-B of the tax law is amended by adding a new
subdivision 49 to read as follows:
49. COMMUNITY CORNER CAFE TAX CREDIT. (A) GENERAL. FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, A TAXPAYER
WHO QUALIFIES AS A TRIPLE-C BUSINESS SHALL BE ALLOWED A CREDIT, TO BE
COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR PROVIDING A QUALIFYING SOCIAL SETTING FOR EXTENDED
PERIODS OF TIME TO PERSONS AGE SIXTY-FIVE OR OLDER. THE TAXPAYER MAY
CLAIM THE CREDIT IN THE YEAR IN WHICH IT HAS PROVIDED SUCH SETTING FOR
ONE YEAR. IF THE TAXPAYER CLAIMS THE CREDIT ALLOWED UNDER THIS SUBDIVI-
SION, THE TAXPAYER MAY NOT USE THE PROVISION OF SUCH SOCIAL SETTING THAT
IS THE BASIS FOR THIS CREDIT ON THE BASIS OF ANY OTHER CREDIT ALLOWED
UNDER THIS ARTICLE.
(B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL BE AT
LEAST FIVE THOUSAND DOLLARS BUT SHALL NOT EXCEED TWENTY-FIVE THOUSAND
DOLLARS.
(C) AS USED IN THIS SUBDIVISION: (1) A TRIPLE-C BUSINESS MEANS A BUSI-
NESS CERTIFIED BY THE DEPARTMENT AS A COMMUNITY CORNER CAFE BUSINESS. A
TAXPAYER SHALL APPLY TO THE DEPARTMENT FOR CERTIFICATION AS A TRIPLE-C
BUSINESS IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER AND BY SUBMITTING TO THE DEPARTMENT, IN SUCH FORM AS THE
DEPARTMENT MAY REQUIRE, PROOF OF PARTNERSHIP WITH AT LEAST ONE 501(C)3
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00404-02-5
A. 2415 2
COMMUNITY-BASED GROUP THAT SERVES SENIORS, AN OFFICIAL RECOMMENDATION
FROM A LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL AND A SIGNED AGREEMENT
OF GUIDELINE TERMS.
(2) A "QUALIFYING SOCIAL SETTING" MEANS AN AREA OF THE TAXPAYER'S
CAFE, COFFEE SHOP, DINER OR RESTAURANT WHICH IS DESIGNATED FOR USE BY
PERSONS SIXTY-FIVE YEARS OR OLDER FOR THE PURPOSE OF SOCIAL GATHERINGS
FOR EXTENDED PERIODS OF TIME, WITHOUT THE REQUIREMENT THAT SUCH PERSONS
MAKE A PURCHASE OF GOODS OR SERVICES FROM THE TAXPAYER'S FACILITY.
(D) CARRYOVERS. IN NO EVENT SHALL THE CREDIT ALLOWED UNDER THIS SUBDI-
VISION FOR ANY TAXABLE YEAR REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF
CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) COMMUNITY CORNER CAFE AMOUNT OF THE CREDIT UNDER
TAX CREDIT SUBDIVISION
UNDER SUBSECTION (CCC) FORTY-NINE OF
SECTION TWO HUNDRED TEN-B
S 3. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) COMMUNITY CORNER CAFE CREDIT. A TAXPAYER SHALL BE ALLOWED A
CREDIT, TO BE COMPUTED AS PROVIDED IN SUBDIVISION FORTY-NINE OF SECTION
TWO HUNDRED TEN-B OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE. 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 4. The commissioner of the department of taxation and finance is
authorized to and shall take all measures he or she deems necessary to
implement the provisions of this act on or before its effective date,
including establishing all guidelines, criteria and procedures necessary
to implement the Triple-C business certification process.
S 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2015.