S T A T E O F N E W Y O R K
________________________________________________________________________
8248
I N S E N A T E
April 27, 2020
___________
Introduced by Sen. RITCHIE -- 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 tax credit
for essential retail employees during the novel coronavirus (COVID-19)
outbreak
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 (kkk) to read as follows:
(KKK) RETAIL EMPLOYEE TAX CREDIT. (1) A TAXPAYER WHO IS AN EMPLOYEE OF
AN ESSENTIAL RETAIL BUSINESS THAT PROVIDES SERVICES IN A COUNTY THAT HAS
AT LEAST ONE CONFIRMED CASE OF NOVEL CORONAVIRUS (COVID-19) SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO THE
ENTIRE AMOUNT OF TAX OWED FOR THE APPLICABLE PERIOD.
(2) FOR THE PURPOSE OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "ESSENTIAL RETAIL BUSINESS" SHALL MEAN:
(A) GROCERY STORES INCLUDING ALL FOOD AND BEVERAGE STORES;
(B) PHARMACIES;
(C) CONVENIENCE STORES;
(D) FARMER'S MARKETS;
(E) RESTAURANTS AND BARS PROVIDING TAKEOUT AND/OR DELIVERY;
(F) HARDWARE, APPLIANCE, AND BUILDING MATERIAL STORES;
(G) PET FOOD STORES;
(H) TELECOMMUNICATION COMPANIES SERVICING EXISTING CUSTOMERS AND
ACCOUNTS;
(I) NON-ESSENTIAL RETAIL ESTABLISHMENTS PROVIDING DELIVERY ORDERS FOR
ORDERS PLACED VIA PHONE OR THROUGH OTHER ELECTRONIC MEANS, PROVIDED THAT
ONLY ONE EMPLOYEE IS PHYSICALLY PRESENT AT SUCH ESTABLISHMENT TO FULFILL
SUCH ORDERS; AND
(J) ANY OTHER RETAIL ESTABLISHMENT DEEMED BY THE GOVERNOR TO BE ESSEN-
TIAL BY EXECUTIVE ORDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16196-02-0
S. 8248 2
(II) "APPLICABLE PERIOD" SHALL MEAN THE PERIOD BEGINNING FEBRUARY
FIFTEENTH, TWO THOUSAND TWENTY AND ENDING ON JUNE FIFTEENTH, TWO THOU-
SAND TWENTY.
(3) THE COMMISSIONER MAY EXTEND THE APPLICABLE PERIOD FOR A PERIOD NOT
TO EXCEED THREE ADDITIONAL CALENDAR MONTHS IF IT IS DETERMINED THAT THE
OUTBREAK OF NOVEL CORONAVIRUS (COVID-19) IS TO CONTINUE BEYOND JUNE
FIFTEENTH, TWO THOUSAND TWENTY.
§ 2. This act shall take effect immediately.