S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2473
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of A. REYES, STIRPE, SEAWRIGHT, THIELE, ENGLEBRIGHT,
   EICHENSTEIN, JACOBSON, ROZIC, PERRY, CUSICK, COLTON, RICHARDSON, FRON-
   TUS, BYRNE, BRABENEC, DINOWITZ, NORRIS, MONTESANO  --  read  once  and
   referred to the Committee on Ways and Means
 
 AN  ACT  to  amend the tax law, in relation to establishing a tax credit
   for the purchase of personal protective equipment (PPE) by employers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  210-B  of the tax law is amended by adding a new
 subdivision 55 to read as follows:
   55. CREDIT FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT (PPE)  BY
 EMPLOYERS.  (A)  A  TAXPAYER  SHALL  BE ALLOWED A CREDIT AGAINST THE TAX
 IMPOSED BY THIS ARTICLE FOR THE PURCHASE OF PERSONAL  PROTECTIVE  EQUIP-
 MENT (PPE) FOR USE BY SUCH TAXPAYER'S EMPLOYEES. THE TOTAL AMOUNT OF THE
 CREDIT  SHALL BE THE COST INCURRED IN PURCHASING THE PERSONAL PROTECTIVE
 EQUIPMENT (PPE) NOT TO EXCEED A MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "TAXPAYER" SHALL MEAN ANY EMPLOYER RESIDENT IN THIS STATE EMPLOY-
 ING FIVE HUNDRED OR LESS PERSONS.
   (II) "PERSONAL PROTECTIVE EQUIPMENT (PPE)" SHALL  MEAN  ALL  EQUIPMENT
 WORN  OR  USED TO MINIMIZE EXPOSURE TO A COMMUNICABLE DISEASE, INCLUDING
 BUT NOT LIMITED TO GLOVES, MASKS AND FACESHIELDS.
   (C) IF THE AMOUNT OF CREDIT ALLOWABLE  UNDER  THIS  SUBDIVISION  SHALL
 EXCEED THE TAXPAYER'S TAX FOR SUCH  YEAR, THE EXCESS MAY BE CARRIED OVER
 TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
 TAX FOR SUCH YEAR OR YEARS.
   (D) IF ALL OR ANY PART OF THE CREDIT PROVIDED FOR UNDER THIS  SUBDIVI-
 SION  WAS ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR  YEARS, A
 TAXPAYER SHALL REDUCE THE ALLOWABLE  CREDIT  FOR  ADDITIONAL  QUALIFYING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00159-01-1
              

 A. 2473                             2
 
 EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
 OUSLY ALLOWED OR CARRIED OVER.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) CREDIT FOR THE PURCHASE OF PERSONAL PROTECTIVE  EQUIPMENT  (PPE)
 BY  EMPLOYERS.    (1)  A  TAXPAYER SHALL BE ALLOWED A CREDIT OF PERSONAL
 PROTECTIVE EQUIPMENT (PPE) FOR USE BY  SUCH  TAXPAYER'S  EMPLOYEES.  THE
 TOTAL AMOUNT OF THE CREDIT SHALL BE THE COST INCURRED IN PURCHASING  THE
 PERSONAL  PROTECTIVE  EQUIPMENT  (PPE) NOT TO EXCEED A MAXIMUM CREDIT OF
 FIVE THOUSAND DOLLARS.
   (2) FOR THE PURPOSES OF THIS SUBSECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "TAXPAYER" SHALL MEAN ANY EMPLOYER RESIDENT IN THIS STATE EMPLOY-
 ING FIVE HUNDRED OR LESS PERSONS.
   (II) "PERSONAL PROTECTIVE EQUIPMENT (PPE)" SHALL  MEAN  ALL  EQUIPMENT
 WORN  OR  USED TO MINIMIZE EXPOSURE TO A COMMUNICABLE DISEASE, INCLUDING
 BUT NOT LIMITED TO GLOVES, MASKS AND FACESHIELDS.
   (3) IF THE AMOUNT OF CREDIT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
 TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
 TAX FOR SUCH YEAR OR YEARS.
   (4)  IF  ALL  OR  ANY  PART  OF  THE  CREDIT  PROVIDED  FOR UNDER THIS
 SUBSECTION WAS ALLOWED OR CARRIED OVER FROM  A  PRIOR  TAXABLE  YEAR  OR
 YEARS, A TAXPAYER SHALL REDUCE THE ALLOWABLE CREDIT FOR ADDITIONAL QUAL-
 IFYING EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT
 PREVIOUSLY ALLOWED OR CARRIED OVER.
   §  3. 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) CREDIT FOR                    AMOUNT OF CREDIT
 THE PURCHASE OF PERSONAL             UNDER SUBDIVISION
 PROTECTIVE EQUIPMENT (PPE)           FIFTY-FIVE OF SECTION
 BY EMPLOYERS UNDER SUBSECTION        TWO HUNDRED TEN-B
 (KKK)
 
   §  4.  This  act shall take effect immediately, and shall apply to the
 taxable year in which it takes effect and all subsequent taxable years.