S T A T E O F N E W Y O R K
________________________________________________________________________
4904
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
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Introduced by M. of A. GJONAJ, MOSLEY, BENEDETTO, SIMANOWITZ, SCARBOR-
OUGH, COLTON -- Multi-Sponsored by -- M. of A. ABBATE, COOK, LUPINAC-
CI, MAGEE, McLAUGHLIN, RAIA, RIVERA, SKARTADOS -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing business fran-
chise tax and personal income tax credit for the amount of certain
taxes and surcharges paid by certain taxpayers that are small busi-
nesses
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 28 to read as follows:
28. WIRELESS COMMUNICATIONS SALES TAX AND SURCHARGE CREDIT. (A) ALLOW-
ANCE OF CREDIT. A TAXPAYER THAT IS A SMALL BUSINESS WITH A PERMANENT
BUSINESS ADDRESS WITHIN THE STATE, FOR WHICH ITS MOBILE TELECOMMUNI-
CATIONS SERVICE, AS DEFINED IN PARAGRAPH TWENTY-FOUR OF SUBDIVISION (B)
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, IS THE PRIMARY MEANS OF
CONTACTING SUCH SMALL BUSINESS, AND SUCH SMALL BUSINESS DOES NOT HAVE
LANDLINE TELEPHONE SERVICE SUBJECT TO THE PROVISIONS OF ARTICLE FIVE OF
THE PUBLIC SERVICE LAW, SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE EQUAL TO THE SUM OF (I) THE EXCISE TAXES ON
TELECOMMUNICATIONS SERVICES PAID BY THE TAXPAYER FOR MOBILE TELECOMMUNI-
CATIONS SERVICE DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED
EIGHTY-SIX-E OF THIS CHAPTER, (II) THE PUBLIC SAFETY COMMUNICATIONS
SURCHARGES PAID BY THE TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER
DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF
THIS CHAPTER, AND (III) THE SALES AND COMPENSATING USE TAXES PAID BY THE
TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER DURING THE TAXABLE YEAR,
PURSUANT TO SECTIONS ELEVEN HUNDRED FIVE, ELEVEN HUNDRED NINE AND/OR
ELEVEN HUNDRED TEN OF THIS CHAPTER, TO THE EXTENT SUCH TAXES AND
SURCHARGES ARE RELATED TO THE TAXPAYER'S SMALL BUSINESS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08621-01-5
A. 4904 2
(B) DEFINITION. THE TERM "SMALL BUSINESS" SHALL, FOR THE PURPOSES OF
THIS SUBDIVISION, MEAN A BUSINESS WHICH IS RESIDENT IN THIS STATE, INDE-
PENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD AND EMPLOYS
TWENTY-FIVE OR LESS PERSONS.
(C) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT 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 CRED-
IT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR WILL 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 WILL 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) WIRELESS COMMUNICATIONS AMOUNT OF CREDIT
SALES TAX AND SURCHARGE CREDIT UNDER SUBDIVISION
UNDER SUBSECTION (CCC) TWENTY-EIGHT 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) WIRELESS COMMUNICATIONS SALES TAX AND SURCHARGE CREDIT. (1)
ALLOWANCE OF CREDIT. A TAXPAYER THAT OWNS A SMALL BUSINESS WITH A PERMA-
NENT BUSINESS ADDRESS WITHIN THE STATE, FOR WHICH ITS MOBILE TELECOMMU-
NICATIONS SERVICE AS DEFINED IN PARAGRAPH TWENTY-FOUR OF SUBDIVISION (B)
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, IS THE PRIMARY MEANS OF
CONTACTING SUCH SMALL BUSINESS, AND SUCH SMALL BUSINESS DOES NOT HAVE
LANDLINE TELEPHONE SERVICE SUBJECT TO THE PROVISIONS OF ARTICLE FIVE OF
THE PUBLIC SERVICE LAW, SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE EQUAL TO THE SUM OF (A) THE EXCISE TAXES ON
TELECOMMUNICATIONS SERVICES PAID BY THE TAXPAYER FOR MOBILE TELECOMMUNI-
CATIONS SERVICE DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED
EIGHTY-SIX-E OF THIS CHAPTER, (B) THE PUBLIC SAFETY COMMUNICATIONS
SURCHARGES PAID BY THE TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER
DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF
THIS CHAPTER, AND (C) THE SALES AND COMPENSATING USE TAXES PAID BY THE
TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER DURING THE TAXABLE YEAR,
PURSUANT TO SECTIONS ELEVEN HUNDRED FIVE, ELEVEN HUNDRED NINE AND/OR
ELEVEN HUNDRED TEN OF THIS CHAPTER, TO THE EXTENT SUCH TAXES AND
SURCHARGES ARE RELATED TO THE TAXPAYER'S SMALL BUSINESS.
(2) DEFINITION. THE TERM "SMALL BUSINESS" MEANS A BUSINESS WHICH IS
RESIDENT IN THE STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN
ITS FIELD AND EMPLOYS TWENTY-FIVE OR LESS PERSONS.
(3) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT 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 CREDIT-
ED 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. This act shall take effect immediately.