Senate Bill S9015A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9015--A
 
                             I N  S E N A T E
 
                            September 30, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the tax law, in relation to exempting from sales and
   compensating use taxes any equipment or product purchased  by  restau-
   rant  or  food  service establishment for use in outdoor dining during
   the novel coronavirus (COVID-19)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 1115 of the tax law is amended
 by adding a new paragraph 46 to read as follows:
   (46) ANY EQUIPMENT OR PRODUCT PURCHASED  BY  ANY  RESTAURANT  OR  FOOD
 SERVICE  ESTABLISHMENT  FOR  THE  USE IN OUTDOOR DINING DURING THE NOVEL
 CORONAVIRUS (COVID-19) PANDEMIC.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55.  SALES  TAX  PAID  ON OUTDOOR DINING EQUIPMENT CREDIT. (1) FOR THE
 PERIOD BEGINNING JUNE FOURTH, TWO THOUSAND  TWENTY  AND  ENDING  ON  THE
 EFFECTIVE  DATE OF THIS SUBDIVISION, A TAXPAYER WHO OWNS A RESTAURANT OR
 FOOD SERVICE ESTABLISHMENT SHALL BE ALLOWED A CREDIT FOR SALES TAX  PAID
 FOR  ANY  EQUIPMENT  OR  PRODUCT  PURCHASED  BY SUCH TAXPAYER FOR USE IN
 OUTDOOR DINING DURING THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC.
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR,  THE  EXCESS
 SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (kkk) to read as follows:
   (KKK)  SALES  TAX PAID ON OUTDOOR DINING EQUIPMENT CREDIT. (1) FOR THE
 PERIOD BEGINNING JUNE FOURTH, TWO THOUSAND  TWENTY  AND  ENDING  ON  THE
 EFFECTIVE  DATE  OF THIS SUBSECTION, A TAXPAYER WHO OWNS A RESTAURANT OR
 FOOD SERVICE ESTABLISHMENT SHALL BE ALLOWED A CREDIT FOR SALES TAX  PAID
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17394-02-0

 S. 9015--A                          2
 
 FOR  ANY  EQUIPMENT  OR  PRODUCT  PURCHASED  BY SUCH TAXPAYER FOR USE IN
 OUTDOOR DINING DURING THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC.
   (2)  IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR,  THE  EXCESS
 SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by adding a new clause (xlvi) to read as
 follows:
   (XLVI) SALES TAX PAID ON OUTDOOR                    SALES TAX PAID ON
   DINING EQUIPMENT CREDIT                             OUTDOOR DINING
   UNDER SUBSECTION (KKK)                              EQUIPMENT CREDIT
                                                       UNDER SUBDIVISION
                                                       FIFTY-FIVE OF
                                                       SECTION TWO
                                                       HUNDRED TEN-B
   § 5. This act shall take effect on the first day of a sales tax  quar-
 terly period, as described in subdivision (b) of section 1136 of the tax
 law,  next  commencing  at  least  thirty days after this act shall have
 become a law and shall apply in accordance with the  applicable  transi-
 tional  provisions  of  sections  1106 and 1217 of the tax law; provided
 that the commissioner of taxation and finance shall be authorized on and
 after the date this act shall have become a law to take steps  necessary
 to implement the provisions of this act on its effective date.