S T A T E O F N E W Y O R K
________________________________________________________________________
3487
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to the amount of credit for
cider, wine, and liquor under the alcoholic beverage production credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (b) of section 37 of the tax
law, as amended by section 1 of part V of chapter 60 of the laws of
2016, is amended to read as follows:
(1) for the first five hundred thousand gallons of:
I. beer[, cider, wine or liquor] produced in this state in the taxable
year, the credit shall equal fourteen cents per gallon; [and]
II. CIDER, ARTIFICIALLY CARBONATED SPARKLING CIDER, AND NATURAL SPAR-
KLING CIDER, CONTAINING MORE THAN THREE AND TWO-TENTHS PER CENTUM OF
ALCOHOL BY VOLUME PRODUCED IN THIS STATE IN THE TAXABLE YEAR, THE CREDIT
SHALL EQUAL THREE AND SEVENTY-NINE HUNDREDTHS CENTS PER GALLON;
III. STILL WINE, ARTIFICIALLY CARBONATED SPARKLING WINE, AND NATURAL
SPARKLING WINE PRODUCED IN THIS STATE IN THE TAXABLE YEAR, THE CREDIT
SHALL EQUAL THIRTY CENTS PER GALLON;
IV. LIQUORS CONTAINING NOT MORE THAN TWENTY-FOUR PER CENTUM OF ALCOHOL
BY VOLUME, BUT MORE THAN TWO PER CENTUM OF ALCOHOL PER VOLUME, PRODUCED
IN THIS STATE IN THE TAXABLE YEAR, THE CREDIT SHALL EQUAL TWO DOLLARS
AND FIFTY-FOUR CENTS PER GALLON;
V. LIQUORS CONTAINING MORE THAN ZERO PER CENTUM OF ALCOHOL BY VOLUME,
BUT NOT MORE THAN TWO PER CENTUM OF ALCOHOL BY VOLUME, PRODUCED IN THIS
STATE IN THE TAXABLE YEAR, THE CREDIT SHALL EQUAL ZERO;
VI. ALL OTHER LIQUORS PRODUCED IN THIS STATE IN THE TAXABLE YEAR, THE
CREDIT SHALL EQUAL SIX DOLLARS AND FORTY-FOUR CENTS PER GALLON; AND
§ 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2021.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05605-02-1