Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 26, 2015 |
vetoed memo.218 |
Oct 14, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to senate passed assembly ordered to third reading rules cal.245 substituted for a6150 |
Jun 09, 2015 |
referred to ways and means delivered to assembly passed senate |
Jun 08, 2015 |
ordered to third reading cal.1375 committee discharged and committed to rules |
May 05, 2015 |
referred to investigations and government operations |
Senate Bill S5146
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
2015-S5146 (ACTIVE) - Details
2015-S5146 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5146 TITLE OF BILL: An act in relation to the meaning of the term "equipment" for purposes of department of taxation and finance audit or enforcement proceedings PURPOSE: This legislation would codify a holding of a Division of Tax Appeals decision to ensure fair and consistent tax treatment of certain equipment purchases by Qualified Empire Zone Enterprises (QEZE). SUMMARY OF SPECIFIC PROVISIONS: Section one defines personal tangible property subject to this legislation. Section two defines a term relevant to Empire Zone tax exemption eligibility determinations. Section three creates a mechanism for businesses to enforce their rights afforded by this bill. JUSTIFICATION: 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
2015-S5146 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5146 2015-2016 Regular Sessions I N S E N A T E May 5, 2015 ___________ 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. For the purposes of this act, 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, when such equipment was received, inventoried or organized, and then prepared for distribution at 124 Metropolitan Park drive, Syracuse, New York, or 3606 John Glenn boulevard, Syracuse, New York, by a qualified empire zone enterprise that has operated at both such locations, 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 provided such service work or duties originate from, and terminate at, either empire zone location described in this section. S 3. Notwithstanding any law, rule, or regulation, or any determi- nation or decision of the department of taxation and finance or the division of tax appeals to the contrary, the division of tax appeals shall accept and review, pursuant to part three-thousand of the tax appeals tribunal rules of practice and procedure, a petition related to the interpretation of the term "directly and predominantly", as such term is used in section two of this act, provided that such petition is filed by a qualified empire zone enterprise that has operated at both EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09845-01-5
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