S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3727 A. 5520
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
February 13, 2019
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Budget and
Revenue
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to a capital gains exemption
from the sale of stock from a New York corporation to an employee-
owned enterprise as defined by subdivision five of section eighteen
hundred thirty-six-b of the public authorities law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 44 to read as follows:
(44) ONE HUNDRED PERCENT (100%) OF THE CAPITAL GAINS FROM THE SALE OF
STOCK FROM A NEW YORK CORPORATION TO AN EMPLOYEE-OWNED ENTERPRISE, AS
DEFINED BY SUBDIVISION FIVE OF SECTION EIGHTEEN HUNDRED THIRTY-SIX-B OF
THE PUBLIC AUTHORITIES LAW. IN ORDER TO QUALIFY FOR SUCH MODIFICATION AS
DESCRIBED IN THIS PARAGRAPH, SUCH EMPLOYEE-OWNED ENTERPRISE MUST HAVE
ITS COMMERCIAL DOMICILE IN NEW YORK. IF THE EMPLOYEE-OWNED ENTERPRISE IS
AN "EMPLOYEE STOCK OWNERSHIP PLAN," IT MUST COMPLY WITH FEDERAL REQUIRE-
MENTS AS SUCH PLAN IS DEFINED IN 26 U.S.C. § 4975(E) (7).
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03278-01-9