The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10543
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ashby) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to establishing a  small  busi-
   ness  tax credit for certain efforts taken to improve such small busi-
   ness's facility in an  effort  to  reduce  the  spread  of  infectious
   diseases

   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 55 to read as follows:
   55.  SMALL  BUSINESS  TAX  CREDIT; INFECTIOUS DISEASE MITIGATION.  (A)
 GENERAL. A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE ALLOWED A  CREDIT,
 TO  BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED
 BY THIS ARTICLE FOR EFFORTS TAKEN TO IMPROVE SUCH TAXPAYER'S FACILITY IN
 AN EFFORT TO REDUCE THE SPREAD OF INFECTIOUS DISEASES.
   (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY  THIS  SECTION  SHALL  BE
 EQUAL TO THE AMOUNT OF MONEY SPENT BY AN ELIGIBLE TAXPAYER TO CONSTRUCT,
 INSTALL, BUILD, AND/OR EQUIP SUCH TAXPAYER'S FACILITY WITH NEW AMENITIES
 PRIMARILY  INTENDED  TO  REDUCE  THE  SPREAD OF INFECTIOUS DISEASES, BUT
 SHALL NOT EXCEED FIVE THOUSAND DOLLARS TOTAL  FOR  EACH  LOCATION  WHERE
 SUCH  NEW  AMENITIES  HAVE  BEEN  CONSTRUCTED,  INSTALLED, BUILT, AND/OR
 EQUIPPED.
   (C) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
 BLE 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 CREDIT  ALLOWABLE
 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 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
 MAY  BE  CARRIED  OVER TO THE FOLLOWING THREE YEARS, AND MAY BE DEDUCTED
 FROM THE QUALIFIED EMPLOYER'S TAX FOR SUCH YEARS.
   (D) DEFINITIONS. AS USED IN THIS SUBDIVISION, THE  TERM  "SMALL  BUSI-
 NESS" SHALL MEAN ANY BUSINESS HAVING FIFTY OR FEWER EMPLOYEES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16545-01-0

 A. 10543                            2
 
   (E)  CLAIM  OF  CREDIT.  A TAXPAYER SHALL NOT BE ALLOWED TO CLAIM THIS
 CREDIT TO THE EXTENT THE BASIS OF THE CALCULATION  OF  THIS  CREDIT  HAS
 BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (lll) to read as follows:
   (LLL) SMALL BUSINESS TAX CREDIT; INFECTIOUS DISEASE MITIGATION.    (1)
 GENERAL.  A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT,
 TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION, AGAINST THE  TAX  IMPOSED
 BY THIS ARTICLE FOR EFFORTS TAKEN TO IMPROVE SUCH TAXPAYER'S FACILITY IN
 AN EFFORT TO REDUCE THE SPREAD OF INFECTIOUS DISEASES.
   (2)  AMOUNT  OF  CREDIT.  A CREDIT AUTHORIZED BY THIS SECTION SHALL BE
 EQUAL TO THE AMOUNT OF MONEY SPENT BY AN ELIGIBLE TAXPAYER TO CONSTRUCT,
 INSTALL, BUILD, AND/OR EQUIP SUCH TAXPAYER'S FACILITY WITH NEW AMENITIES
 PRIMARILY INTENDED TO REDUCE THE  SPREAD  OF  INFECTIOUS  DISEASES,  BUT
 SHALL  NOT  EXCEED  FIVE  THOUSAND DOLLARS TOTAL FOR EACH LOCATION WHERE
 SUCH NEW AMENITIES  HAVE  BEEN  CONSTRUCTED,  INSTALLED,  BUILT,  AND/OR
 EQUIPPED.
   (3)  CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXA-
 BLE 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 CHAPTER. HOWEVER, IF THE AMOUNT OF CREDIT  ALLOWABLE
 UNDER  THIS  SUBSECTION  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 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
 MAY  BE  CARRIED  OVER TO THE FOLLOWING THREE YEARS, AND MAY BE DEDUCTED
 FROM THE QUALIFIED EMPLOYER'S TAX FOR SUCH YEARS.
   (4) DEFINITIONS. AS USED IN THIS SUBSECTION, THE TERM "SMALL BUSINESS"
 SHALL MEAN ANY BUSINESS HAVING FIFTY OR FEWER EMPLOYEES.
   (5) CLAIM OF CREDIT. A TAXPAYER SHALL NOT BE  ALLOWED  TO  CLAIM  THIS
 CREDIT  TO  THE  EXTENT  THE BASIS OF THE CALCULATION OF THIS CREDIT HAS
 BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by adding a new clause (xlvi) to read as
 follows:
 (XLVI) SMALL BUSINESS TAX CREDIT;    AMOUNT OF CREDIT UNDER
 INFECTIOUS DISEASE MITIGATION        SUBDIVISION FIFTY-FIVE OF
 UNDER SUBSECTION (LLL)               SECTION TWO HUNDRED
                                      TEN-B
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.