S T A T E O F N E W Y O R K
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5487
2015-2016 Regular Sessions
I N S E N A T E
May 14, 2015
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Introduced by Sen. DeFRANCISCO -- 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 establishing a shipping cost
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) SHIPPING COST TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
THAT IS AN OWNER OF AN ELIGIBLE MANUFACTURER, AND IS SUBJECT TO TAX
UNDER THIS ARTICLE, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT
TO THE PROVISIONS OF THIS SUBSECTION, TO BE COMPUTED AS HEREINAFTER
PROVIDED.
(2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT FOR AN ELIGIBLE
MANUFACTURER SHALL BE THE PRODUCT OF: (A) THE RECEIPTS FACTOR; AND (B)
THE SHIPPING COST FACTOR.
(3) RECEIPTS FACTOR. THE RECEIPTS FACTOR IS SET FORTH IN THE FOLLOWING
TABLE:
GROSS RECEIPTS OR SALES: RECEIPTS FACTOR:
OVER $100,000,000 1.0
MORE THAN $75,000,000 BUT NOT 0.75
OVER 100,000,000
MORE THAN $50,000,000 BUT NOT 0.5
OVER 75,000,000
LESS THAN $50,000,000 0.25
(4) GROSS RECEIPTS OR SALE. FOR PURPOSES OF THIS SECTION, GROSS
RECEIPTS OR SALES ARE AS REPORTED ON THE ELIGIBLE MANUFACTURER'S FEDERAL
INCOME TAX RETURN. FOR A SHORT TAX PERIOD, THE GROSS RECEIPTS OR SALES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11160-01-5
S. 5487 2
IS EQUAL TO THE PRODUCT OF (A) THE TOTAL GROSS RECEIPTS OR SALES FOR THE
SHORT TAX PERIOD DIVIDED BY THE NUMBER OF MONTHS IN THE SHORT TAX PERI-
OD, AND (B) TWELVE.
(5) SHIPPING COST FACTOR. THE SHIPPING COST FACTOR SHALL BE THE SUM OF
ALL ELIGIBLE SHIPPING COSTS INCURRED WITHIN THE TAX YEAR FOR THE SHIP-
MENT OF PRODUCT MANUFACTURED IN NEW YORK STATE BY AN ELIGIBLE MANUFAC-
TURER TO LOCATIONS OUTSIDE OF NEW YORK STATE, BUT WITHIN THE CONTINENTAL
UNITED STATES.
(6) ELIGIBLE SHIPPING COSTS. THE TERM "ELIGIBLE SHIPPING COSTS" MEANS
ALL COSTS OF SHIPPING PRODUCT MANUFACTURED BY A BUSINESS IN NEW YORK
STATE AND SHIPPED TO A LOCATION OUTSIDE OF NEW YORK STATE, BUT WITHIN
THE CONTINENTAL UNITED STATES, FOR SALE TO AN ENTITY FOR THE PURPOSE OF
INCORPORATING SUCH SHIPPED PRODUCT INTO A CONSUMER GOOD. THE PURCHASING
ENTITY SHALL NOT BE A "RELATED PERSON" TO THE SELLING ENTITY AS SUCH
TERM IS DEFINED IN SUBPARAGRAPH (C) OF PARAGRAPH THREE OF SUBSECTION (B)
OF SECTION FOUR HUNDRED SIXTY-FIVE OF THE INTERNAL REVENUE CODE. SUCH
COSTS SHALL INCLUDE COSTS OF FUEL, INSURANCE, MAINTENANCE AND SERVICE OF
FREIGHT VEHICLES, AND AMOUNTS PAID TO CONTRACT COMPANIES FOR AIR
FREIGHT, LESS-THAN TRUCKLOAD AND TRUCKLOAD SHIPPING SERVICES, RAIL
SERVICES, INTERMODAL SERVICES AND OTHER SIMILAR CONTRACT SHIPPING COSTS.
THE COST OF PURCHASING OR LEASING TRUCKS, TRAILERS OR SIMILAR SHIPPING
VEHICLES IS NOT AN "ELIGIBLE SHIPPING COST." AN ELIGIBLE MANUFACTURER'S
DIRECT LABOR COSTS TO LOAD, UNLOAD, OR OPERATE VEHICLES IS NOT AN
"ELIGIBLE SHIPPING COST."
(7) ELIGIBLE MANUFACTURERS. (A) FOR THE PURPOSES OF THIS SUBSECTION,
"ELIGIBLE MANUFACTURERS" INCLUDE A BUSINESS WHICH IS PRINCIPALLY ENGAGED
IN THE PRODUCTION OF GOODS BY MANUFACTURING, PROCESSING, ASSEMBLING,
REFINING, MINING, EXTRACTING, FARMING, AGRICULTURE, HORTICULTURE, VITI-
CULTURE, OR COMMERCIAL FISHING DURING THE TAX YEAR, AND EMPLOYS MORE
THAN THREE HUNDRED INDIVIDUALS IN NEW YORK STATE AS OF THE LAST DAY OF
THE TAX YEAR. A BUSINESS IS PRINCIPALLY ENGAGED IN MANUFACTURING ACTIV-
ITIES IF DURING THE TAX YEAR MORE THAN FIFTY PERCENT OF ITS GROSS
RECEIPTS ARE DERIVED FROM RECEIPTS FOR THE SALE OF GOODS PRODUCED BY
THESE ACTIVITIES. THE GENERATION AND DISTRIBUTION OF ELECTRICITY, THE
DISTRIBUTION OF NATURAL GAS, AND THE PRODUCTION OF STEAM ASSOCIATED WITH
THE GENERATION OF ELECTRICITY ARE NOT QUALIFYING ACTIVITIES.
(B) PROVIDED HOWEVER, THE AMOUNT OF THE SHIPPING COST TAX CREDIT FOR
AN ELIGIBLE MANUFACTURER MAY NOT EXCEED THREE PERCENT OF GROSS RECEIPTS
OR SALES IN ANY GIVEN TAX YEAR.
S 2. This act shall take effect immediately and shall apply in taxable
years beginning on and after January 1, 2016.