S T A T E O F N E W Y O R K
________________________________________________________________________
2702
2019-2020 Regular Sessions
I N S E N A T E
January 29, 2019
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Budget and Revenue
AN ACT to amend the tax law, in relation to establishing a credit for
the restoration of certain historic properties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 1 of subsection (oo) of
section 606 of the tax law, as amended by section 1 of part RR of chap-
ter 59 of the laws of 2018, is amended to read as follows:
(A) (I) For taxable years beginning on or after January first, two
thousand ten and before January first, two thousand twenty-five, a
taxpayer shall be allowed a credit as hereinafter provided, against the
tax imposed by this article, in an amount equal to one hundred percent
of the amount of credit allowed the taxpayer with respect to a certified
historic structure under internal revenue code section 47(c)(3), deter-
mined without regard to ratably allocating the credit over a five year
period as required by subsection (a) of such section 47, with respect to
a certified historic structure located within the state. Provided,
however, the credit shall not exceed five million dollars. For taxable
years beginning on or after January first, two thousand twenty-five, a
taxpayer shall be allowed a credit as hereinafter provided, against the
tax imposed by this article, in an amount equal to thirty percent of the
amount of credit allowed the taxpayer with respect to a certified
historic structure under internal revenue code section 47(c)(3), deter-
mined without regard to ratably allocating the credit over a five year
period as required by subsection (a) of such section 47, with respect to
a certified historic structure located within the state; provided,
however, the credit shall not exceed one hundred thousand dollars.
(II) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY, A TAXPAYER SHALL BE ALLOWED A CREDIT AS HEREINAFTER
PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE, IN AN AMOUNT EQUAL TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08727-01-9
S. 2702 2
ONE HUNDRED TEN PERCENT OF THE AMOUNT OF CREDIT ALLOWED THE TAXPAYER FOR
THE SAME TAXABLE YEAR WITH RESPECT TO A CERTIFIED HISTORIC STRUCTURE
UNDER INTERNAL REVENUE CODE SECTION 47(C)(3), WITH RESPECT TO A CERTI-
FIED HISTORIC STRUCTURE LOCATED WITHIN THE STATE. PROVIDED, HOWEVER, THE
CREDIT ESTABLISHED PURSUANT TO THIS CLAUSE SHALL BE LIMITED TO PROJECTS
WITH A COST OF FIVE MILLION DOLLARS OR LESS.
§ 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2020.