S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3473
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of A. KOLB, GIGLIO, RAIA, MONTESANO, RYAN, NORRIS --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in  relation  to  providing  for  a  credit
   against  the personal income tax and the franchise tax on corporations
   for certain bottling, packaging and labelling  expenses  of  wineries,
   breweries and distilleries
 
   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 53 to read as follows:
   53.  (A)  A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
 BY THIS ARTICLE EQUAL TO THE AMOUNT ACTUALLY EXPENDED ON AND AFTER JANU-
 ARY FIRST, TWO THOUSAND NINETEEN FOR CASES, BOTTLES,  CARAFES  OR  OTHER
 CONTAINERS  IN  WHICH WINE, LIQUOR, OR BEER PRODUCED FOR RESALE IS PACK-
 AGED AND FOR CORKS AND LABELS USED IN AND ON SUCH  CONTAINERS;  PROVIDED
 SUCH  TAXPAYER  IS LICENSED AS A WINERY, DISTILLERY, OR BREWERY PURSUANT
 TO THE PROVISIONS OF SECTION SEVENTY-SIX, SIXTY-ONE OR FIFTY-ONE OF  THE
 ALCOHOLIC  BEVERAGE  CONTROL  LAW;  PROVIDED  THAT THIS SUBDIVISION ONLY
 APPLIES TO BREWERS THAT PRODUCE SIXTY MILLION OR FEWER GALLONS  OF  BEER
 IN THIS STATE.
   (B)  IN NO EVENT SHALL THE CREDIT HEREIN PROVIDED FOR BE ALLOWED IN AN
 AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE MINIMUM  FIXED
 BY  PARAGRAPH  (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
 ARTICLE.  IF, HOWEVER, THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS  SUBDI-
 VISION  FOR  ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT
 OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE
 FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX  FOR
 SUCH YEAR OR YEARS.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (jjj) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04300-01-9
              

 A. 3473                             2
 
   (JJJ) (1) A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
 BY THIS ARTICLE EQUAL TO THE AMOUNT ACTUALLY EXPENDED ON AND AFTER JANU-
 ARY FIRST, TWO THOUSAND NINETEEN FOR CASES, BOTTLES,  CARAFES  OR  OTHER
 CONTAINERS IN WHICH WINE, LIQUOR OR BEER PRODUCED FOR RESALE IS PACKAGED
 AND  FOR  CORKS AND LABELS USED IN AND ON SUCH CONTAINERS; PROVIDED SUCH
 TAXPAYER IS LICENSED AS A WINERY, DISTILLERY OR BREWERY PURSUANT TO  THE
 PROVISIONS  OF  SECTION SEVENTY-SIX, SIXTY-ONE OR FIFTY-ONE OF THE ALCO-
 HOLIC BEVERAGE CONTROL LAW; PROVIDED THAT  THIS  SUBSECTION  SHALL  ONLY
 APPLY  TO  BREWERIES THAT PRODUCE SIXTY MILLION GALLONS OF BEER OR FEWER
 IN THIS STATE.
   (2) IN NO EVENT SHALL THE AMOUNT OF THE CREDIT HEREIN PROVIDED FOR  BE
 ALLOWED  IN EXCESS OF THE TAXPAYER'S TAX FOR SUCH YEAR.  HOWEVER, IF THE
 AMOUNT OF CREDIT OTHERWISE ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXA-
 BLE YEAR RESULTS IN SUCH EXCESS AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCT-
 IBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING  YEAR  OR
 YEARS  AND  MAY  BE  DEDUCTED  FROM  THE TAXPAYER'S TAX FOR SUCH YEAR OR
 YEARS.
   § 3. This act shall take effect immediately.