S T A T E O F N E W Y O R K
________________________________________________________________________
859
2019-2020 Regular Sessions
I N S E N A T E
January 9, 2019
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to authorizing the creation of
small business tax-deferred savings accounts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 9 of section 208 of the tax
law is amended by adding a new subparagraph 20 to read as follows:
(20) ANY DEPOSIT MADE BY A SMALL BUSINESS AS DEFINED IN SECTION ONE
HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW INTO A SMALL BUSINESS
TAX-DEFERRED SAVINGS ACCOUNT MAINTAINED BY A BANKING ORGANIZATION AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF THE BANKING LAW AND
ESTABLISHED FOR THE PURPOSES OF IMPROVING THE FACILITIES OF SUCH BUSI-
NESS OR FOR PROCUREMENT OF MACHINERY OR EQUIPMENT OR ANY INTEREST EARNED
ON ANY SMALL BUSINESS TAX-DEFERRED SAVINGS ACCOUNT.
§ 2. Subdivision 9 of section 208 of the tax law is amended by adding
a new paragraph (c-4) to read as follows:
(C-4) ENTIRE NET INCOME SHALL INCLUDE ANY WITHDRAWAL EXCLUSIVE OF
INTEREST INCOME MADE BY A SMALL BUSINESS AS DEFINED IN SECTION ONE
HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW FROM A SMALL BUSINESS
TAX-DEFERRED SAVINGS ACCOUNT MAINTAINED BY A BANKING ORGANIZATION AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF THE BANKING LAW AND
ESTABLISHED FOR THE PURPOSES OF IMPROVING THE FACILITIES OF SUCH BUSI-
NESS OR FOR PROCUREMENT OF MACHINERY OR EQUIPMENT AND AN ADDITIONAL TEN
PERCENT OF ANY WITHDRAWALS EXCLUSIVE OF INTEREST INCOME FROM THE SMALL
BUSINESS TAX-DEFERRED SAVINGS ACCOUNT NOT USED FOR IMPROVING THE FACILI-
TIES OF SUCH BUSINESS OR FOR PROCUREMENT OF MACHINERY OR EQUIPMENT.
§ 3. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 43 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02812-01-9
S. 859 2
(43) ANY WITHDRAWAL EXCLUSIVE OF INTEREST INCOME MADE BY A SMALL BUSI-
NESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVEL-
OPMENT LAW FROM A SMALL BUSINESS TAX-DEFERRED SAVINGS ACCOUNT MAINTAINED
BY A BANKING ORGANIZATION AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
TWO OF THE BANKING LAW AND ESTABLISHED FOR THE PURPOSES OF IMPROVING THE
FACILITIES OF SUCH BUSINESS OR FOR PROCUREMENT OF MACHINERY OR EQUIPMENT
AND AN ADDITIONAL TEN PERCENT OF ANY WITHDRAWALS EXCLUSIVE OF INTEREST
INCOME FROM THE SMALL BUSINESS TAX-DEFERRED SAVINGS ACCOUNT NOT USED FOR
IMPROVING THE FACILITIES OF SUCH BUSINESS OR FOR PROCUREMENT OF MACHIN-
ERY OR EQUIPMENT.
§ 4. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 44 to read as follows:
(44) ANY DEPOSIT MADE BY A SMALL BUSINESS AS DEFINED IN SECTION ONE
HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW INTO A SMALL BUSINESS
TAX-DEFERRED SAVINGS ACCOUNT MAINTAINED BY A BANKING ORGANIZATION AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION TWO OF THE BANKING LAW AND
ESTABLISHED FOR THE PURPOSES OF IMPROVING THE FACILITIES OF SUCH BUSI-
NESS OR FOR PROCUREMENT OF MACHINERY OR EQUIPMENT OR ANY INTEREST EARNED
ON ANY SMALL BUSINESS TAX-DEFERRED SAVINGS ACCOUNT.
§ 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2020.