S T A T E O F N E W Y O R K
________________________________________________________________________
223
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
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Introduced by M. of A. GUNTHER, CAHILL -- Multi-Sponsored by -- M. of A.
COOK -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing an income tax
credit for certain metropolitan commuters
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) METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE TAX CREDIT.
ANY PERSON WHO PAYS THE REGISTRATION FEE REQUIRED BY SECTION FOUR
HUNDRED NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM VEHICLE
REGISTERED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED ONE
OF THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE HUNDRED
PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE
YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE
TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
§ 2. 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) METROPOLITAN COMMUTER AMOUNT OF CREDIT UNDER
TRANSPORTATION DISTRICT FEE TAX SUBDIVISION FIFTY-FIVE OF
CREDIT UNDER SUBSECTION (KKK) SECTION TWO HUNDRED TEN-B
§ 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 55 to read as follows:
55. METROPOLITAN COMMUTER TRANSPORTATION DISTRICT FEE TAX CREDIT. (A)
ANY TAXPAYER WHO PAYS THE REGISTRATION FEE REQUIRED BY SECTION FOUR
HUNDRED NINETY-NINE-A OF THE VEHICLE AND TRAFFIC LAW FOR A FARM VEHICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02621-01-1
A. 223 2
REGISTERED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION FOUR HUNDRED ONE
OF THE VEHICLE AND TRAFFIC LAW SHALL BE ALLOWED A CREDIT OF ONE HUNDRED
PERCENT OF SUCH FEE AGAINST THE TAX OTHERWISE IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE FIXED DOLLAR MINIMUM AMOUNT PRESCRIBED IN PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF
THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX
BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT
DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF
TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE
PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF
THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
§ 4. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2020.