S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5712
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the tax law, in relation to providing a  tax  credit  to
   certain landowners who allow snowmobile access on such land
 
   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 (n-2) to read as follows:
   (N-2)  CREDIT FOR CERTAIN LANDOWNERS WHO ALLOW SNOWMOBILE ACCESS.  (1)
 AN INDIVIDUAL TAXPAYER WHO MEETS THE ELIGIBILITY STANDARDS IN  PARAGRAPH
 TWO  OF  THIS  SUBSECTION  SHALL  BE  ALLOWED A CREDIT AGAINST THE TAXES
 IMPOSED BY THIS ARTICLE IN THE AMOUNT SPECIFIED IN  PARAGRAPH  THREE  OF
 THIS SUBSECTION.
   (2)  TO  BE ELIGIBLE FOR THE CREDIT, THE TAXPAYER (OR TAXPAYERS FILING
 JOINT RETURNS) ON THE PERSONAL INCOME TAX RETURN MUST  ALLOW  SNOWMOBILE
 ACCESS IN THE FORM OF A STATE-FUNDED SNOWMOBILE TRAIL OR PORTION THEREOF
 ON PROPERTY OWNED BY THE TAXPAYER.
   (3) A TAXPAYER SHALL BE ALLOWED A CREDIT EQUAL TO TEN CENTS PER LINEAR
 FOOT  OF  STATE-FUNDED SNOWMOBILE TRAIL ON ELIGIBLE PROPERTY PURSUANT TO
 PARAGRAPH TWO OF THIS SUBSECTION.
   (4) THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED BY A TAXPAYER  PURSU-
 ANT  TO  THIS SUBSECTION SHALL NOT EXCEED SEVEN HUNDRED FIFTY DOLLARS IN
 ANY GIVEN YEAR.
   (5) IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS  SUBSECTION  FOR  ANY
 TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
 ALLOWED FOR A TAXABLE YEAR COMMENCING PRIOR TO JANUARY FIRST, TWO  THOU-
 SAND EIGHTEEN MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY
 BE  DEDUCTED  FROM  THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS, BUT IN NO
 EVENT SHALL SUCH CREDIT BE CARRIED OVER TO TAXABLE YEARS  COMMENCING  ON
 OR  AFTER  JANUARY  FIRST,  TWO THOUSAND TWENTY-EIGHT, AND ANY AMOUNT OF
 CREDIT ALLOWED FOR A TAXABLE YEAR COMMENCING ON OR AFTER JANUARY  FIRST,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09813-01-7

 A. 5712                             2
 
 TWO  THOUSAND  EIGHTEEN  AND  NOT DEDUCTIBLE IN SUCH YEAR MAY BE CARRIED
 OVER TO THE TEN TAXABLE YEARS NEXT FOLLOWING SUCH TAXABLE YEAR  AND  MAY
 BE  DEDUCTED  FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. IN LIEU OF
 CARRYING  OVER  ANY  SUCH EXCESS, A TAXPAYER WHO IS ELIGIBLE PURSUANT TO
 PARAGRAPH TWO OF THIS SUBSECTION MAY, AT HIS OR HER OPTION, RECEIVE SUCH
 EXCESS AS A REFUND. ANY REFUND PAID PURSUANT TO THIS PARAGRAPH SHALL  BE
 DEEMED  TO  BE  A REFUND OF AN OVERPAYMENT OF TAX AS PROVIDED IN SECTION
 SIX HUNDRED EIGHTY-SIX OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THAT  NO
 INTEREST SHALL BE PAID THEREON.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 taxable  years  beginning on or after such date; provided, however, that
 the department of taxation and finance is  authorized  and  directed  to
 promulgate rules and regulations necessary for the timely implementation
 of this act on or before such effective date.