Assembly Bill A6656

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6656
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2017
                                ___________
 
 Introduced  by  M.  of A. GJONAJ, MOSLEY, BENEDETTO, SIMANOWITZ, COLTON,
   BRABENEC, RAIA, PICHARDO, DiPIETRO, BICHOTTE -- Multi-Sponsored by  --
   M.  of  A. ABBATE, COOK, GARBARINO, GIGLIO, HAWLEY, HOOPER, LUPINACCI,
   MAGEE, McLAUGHLIN, PALMESANO, PERRY, RIVERA, SKARTADOS  --  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 tax and personal income tax credit for  the  amount  of  certain
   taxes  and  surcharges  paid by certain taxpayers that are small busi-
   nesses
 
   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 28 to read as follows:
   28. WIRELESS COMMUNICATIONS SALES TAX AND SURCHARGE CREDIT. (A) ALLOW-
 ANCE OF CREDIT. A TAXPAYER THAT IS A SMALL  BUSINESS  WITH  A  PERMANENT
 BUSINESS  ADDRESS  WITHIN  THE  STATE, FOR WHICH ITS MOBILE TELECOMMUNI-
 CATIONS SERVICE, AS DEFINED IN PARAGRAPH TWENTY-FOUR OF SUBDIVISION  (B)
 OF  SECTION  ELEVEN HUNDRED ONE OF THIS CHAPTER, IS THE PRIMARY MEANS OF
 CONTACTING SUCH SMALL BUSINESS, AND SUCH SMALL BUSINESS  DOES  NOT  HAVE
 LANDLINE  TELEPHONE SERVICE SUBJECT TO THE PROVISIONS OF ARTICLE FIVE OF
 THE PUBLIC SERVICE LAW, SHALL  BE  ALLOWED  A  CREDIT  AGAINST  THE  TAX
 IMPOSED  BY  THIS  ARTICLE  EQUAL  TO THE SUM OF (I) THE EXCISE TAXES ON
 TELECOMMUNICATIONS SERVICES PAID BY THE TAXPAYER FOR MOBILE TELECOMMUNI-
 CATIONS SERVICE DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED
 EIGHTY-SIX-E OF THIS CHAPTER,  (II)  THE  PUBLIC  SAFETY  COMMUNICATIONS
 SURCHARGES  PAID  BY  THE TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER
 DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF
 THIS CHAPTER, AND (III) THE SALES AND COMPENSATING USE TAXES PAID BY THE
 TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER DURING THE TAXABLE  YEAR,
 PURSUANT  TO  SECTIONS  ELEVEN  HUNDRED FIVE, ELEVEN HUNDRED NINE AND/OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10486-01-7
              

 A. 6656                             2
 
 ELEVEN HUNDRED TEN OF  THIS  CHAPTER,  TO  THE  EXTENT  SUCH  TAXES  AND
 SURCHARGES ARE RELATED TO THE TAXPAYER'S SMALL BUSINESS.
   (B)  DEFINITION.  THE TERM "SMALL BUSINESS" SHALL, FOR THE PURPOSES OF
 THIS SUBDIVISION, MEAN A BUSINESS WHICH IS RESIDENT IN THIS STATE, INDE-
 PENDENTLY OWNED AND OPERATED, NOT DOMINANT  IN  ITS  FIELD  AND  EMPLOYS
 TWENTY-FIVE OR LESS PERSONS.
   (C)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES  THE  TAX
 TO  SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
 DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN  SUCH
 TAXABLE  YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new  clause  (xliii)  to  read  as
 follows:
 (XLIII) WIRELESS COMMUNICATIONS      AMOUNT OF CREDIT
 SALES TAX AND SURCHARGE CREDIT       UNDER SUBDIVISION
 UNDER SUBSECTION (CCC)               TWENTY-EIGHT OF
                                      SECTION TWO  HUNDRED TEN-B
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (ccc) to read as follows:
   (CCC) WIRELESS COMMUNICATIONS SALES  TAX  AND  SURCHARGE  CREDIT.  (1)
 ALLOWANCE OF CREDIT. A TAXPAYER THAT OWNS A SMALL BUSINESS WITH A PERMA-
 NENT  BUSINESS ADDRESS WITHIN THE STATE, FOR WHICH ITS MOBILE TELECOMMU-
 NICATIONS SERVICE AS DEFINED IN PARAGRAPH TWENTY-FOUR OF SUBDIVISION (B)
 OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, IS THE PRIMARY  MEANS  OF
 CONTACTING  SUCH  SMALL  BUSINESS, AND SUCH SMALL BUSINESS DOES NOT HAVE
 LANDLINE TELEPHONE SERVICE SUBJECT TO THE PROVISIONS OF ARTICLE FIVE  OF
 THE  PUBLIC  SERVICE  LAW,  SHALL  BE  ALLOWED  A CREDIT AGAINST THE TAX
 IMPOSED BY THIS ARTICLE EQUAL TO THE SUM OF  (A)  THE  EXCISE  TAXES  ON
 TELECOMMUNICATIONS SERVICES PAID BY THE TAXPAYER FOR MOBILE TELECOMMUNI-
 CATIONS SERVICE DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED
 EIGHTY-SIX-E  OF  THIS  CHAPTER,  (B)  THE  PUBLIC SAFETY COMMUNICATIONS
 SURCHARGES PAID BY THE TAXPAYER AS A  WIRELESS  COMMUNICATIONS  CUSTOMER
 DURING THE TAXABLE YEAR, PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF
 THIS  CHAPTER,  AND (C) THE SALES AND COMPENSATING USE TAXES PAID BY THE
 TAXPAYER AS A WIRELESS COMMUNICATIONS CUSTOMER DURING THE TAXABLE  YEAR,
 PURSUANT  TO  SECTIONS  ELEVEN  HUNDRED FIVE, ELEVEN HUNDRED NINE AND/OR
 ELEVEN HUNDRED TEN OF  THIS  CHAPTER,  TO  THE  EXTENT  SUCH  TAXES  AND
 SURCHARGES ARE RELATED TO THE TAXPAYER'S SMALL BUSINESS.
   (2)  DEFINITION.  THE  TERM "SMALL BUSINESS" MEANS A BUSINESS WHICH IS
 RESIDENT IN THE STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN
 ITS FIELD AND EMPLOYS TWENTY-FIVE OR LESS PERSONS.
   (3) APPLICATION OF CREDIT. IF THE AMOUNT  OF  THE  CREDIT  UNDER  THIS
 SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
 PAID THEREON.
   § 4. This act shall take effect immediately.