Senate Bill S4258

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4258
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2017
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09813-01-7

 S. 4258                             2
 
 CREDIT  ALLOWED FOR A TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST,
 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.