S T A T E O F N E W Y O R K
________________________________________________________________________
2213
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. CROUCH, KOLB -- Multi-Sponsored by -- M. of A.
FINCH, OAKS -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the tax law, in relation to granting a tax credit for
the purchase of materials aiding the ventilation and illumination in
factory work rooms during the manufacturing process
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 187-t to
read as follows:
§ 187-T. CREDIT FOR MATERIALS AIDING THE VENTILATION AND ILLUMINATION
IN FACTORY WORK ROOMS. 1. GENERAL. A TAXPAYER SHALL BE ALLOWED A CREDIT,
TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAXES IMPOSED BY
THIS ARTICLE, OTHER THAN THE TAXES IMPOSED BY SECTIONS ONE HUNDRED
EIGHTY-SIX-A AND ONE HUNDRED EIGHTY-SIX-E OF THIS ARTICLE. SUCH CREDIT,
TO BE COMPUTED AS HEREINAFTER PROVIDED, SHALL BE ALLOWED FOR MATERIALS,
PURCHASED AND USED BY A FACTORY FOR USE OR CONSUMPTION DIRECTLY AND
EXCLUSIVELY TO FACILITATE VENTILATION AND ILLUMINATION IN FACTORY WORK
ROOMS, PURSUANT TO SECTIONS TWO HUNDRED FIFTY-SEVEN AND TWO HUNDRED
NINETY-NINE OF THE LABOR LAW, PLACED IN SERVICE DURING THE TAXABLE YEAR;
PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL REQUIRE SUCH DOCUMENTARY
PROOF TO QUALIFY FOR ANY EXEMPTION PROVIDED HEREIN AS THE COMMISSIONER
DEEMS APPROPRIATE AND THAT THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION
AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTI-
CLE SHALL BE THE EXCESS OF THE CREDIT COMPUTED UNDER THIS SECTION OVER
THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION AGAINST THE TAX IMPOSED BY
SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE.
2. DEFINITION. AS USED IN THIS SECTION "MATERIALS" SHALL MEAN APPLI-
ANCES AND ENERGY USING PRODUCTS BY OR FOR VENTILATION AND ILLUMINATION,
SUCH AS BUT NOT LIMITED TO, LAMPS AND LUMINARIES, FLUORESCENT LAMPS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04552-01-7
A. 2213 2
CENTRAL AIR CONDITIONERS, ROOM AIR CONDITIONERS, PACKAGE TERMINAL AIR
CONDITIONERS AND HEAT PUMPS, AND FURNACES.
3. AMOUNT OF CREDIT. THE AMOUNT OF CREDIT UNDER THIS SECTION SHALL BE
THIRTY-FIVE PERCENT OF THE COST OF ANY SUCH MATERIALS PLACED IN SERVICE
DURING THE TAXABLE YEAR.
4. CARRYOVER. IN NO EVENT SHALL THE CREDIT UNDER THIS SECTION BE
ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE
APPLICABLE MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHTY-THREE OR ONE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT OF CREDIT
ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
§ 2. This act shall take effect immediately; provided, however, that
the exemption provided applies to property placed in service in taxable
years beginning on or after January 1, 2017 and that the commissioner of
taxation and finance may take any action with respect to the adoption,
amendment, suspension or repeal of any rule or regulation relating to
this act, and may establish any procedure necessary for the timely
implementation thereof.