Assembly Bill A2648

2017-2018 Legislative Session

Establishes business franchise and personal income tax credits for businesses that donate prepared foods

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2648 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §§210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9512
2015-2016: A5583
2019-2020: A3394

2017-A2648 (ACTIVE) - Summary

Establishes business franchise and personal income tax credits for businesses that donate prepared foods.

2017-A2648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2648
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. COLTON,
   LUPARDO -- 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  and  personal  income  tax  credits  for businesses that donate
   prepared food

   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 52 to read as follows:
   52. PREPARED FOOD DONATION CREDIT.  (A) A QUALIFYING TAXPAYER SHALL BE
 ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO  TWEN-
 TY-FIVE PERCENT OF THE TAXPAYER'S ELIGIBLE CHARITABLE FOOD DONATION.
   (B)  FOR  PURPOSES  OF  THIS SUBDIVISION, THE FOLLOWING TERMS HAVE THE
 MEANINGS GIVEN:
   (1) "ELIGIBLE  CHARITABLE  FOOD  DONATION"  MEANS  A  CONTRIBUTION  OF
 PREPARED  FOOD  ALLOWABLE AS A CHARITABLE DEDUCTION FOR THE TAXABLE YEAR
 UNDER SECTION 170(A) OF THE INTERNAL REVENUE CODE, SUBJECT TO THE  LIMI-
 TATIONS  OF  SECTION 170(B) OF THE INTERNAL REVENUE CODE, AND DETERMINED
 WITHOUT REGARD TO WHETHER OR NOT THE TAXPAYER ITEMIZES DEDUCTIONS;
   (2) "PREPARED FOOD" MEANS FOOD THAT MEETS  ALL  QUALITY  AND  LABELING
 STANDARDS IMPOSED BY FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS EVEN
 THOUGH  THE  FOOD  MAY NOT BE READILY MARKETABLE DUE TO APPEARANCE, AGE,
 FRESHNESS, GRADE, SIZE, SURPLUS, OR OTHER CONDITIONS, AND INCLUDES:
   (I) FOOD WHICH IS COOKED OR HEATED BY THE QUALIFYING TAXPAYER;
   (II) TWO OR MORE INGREDIENTS MIXED TOGETHER TO BE EATEN  AS  A  SINGLE
 ITEM; OR
   (III) ANY INGREDIENTS SUPPLIED FOR INGESTION OR CHEWING BY HUMANS THAT
 ARE CONSUMED FOR THEIR TASTE OR NUTRITIONAL VALUE;
   (3)  "QUALIFYING  TAXPAYER"  MEANS  ANY RESTAURANT MAKING A CHARITABLE
 FOOD DONATION IN NEW YORK; AND
   (4) "RESTAURANT" MEANS ANY FACILITY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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