Assembly Bill A6433

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6433
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Small Business
 
 AN ACT to amend the  economic  development  law  and  the  tax  law,  in
   relation to providing assistance to small businesses' employers in the
   procurement and purchasing of personal protective equipment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 134 of the economic development law is  amended  by
 adding a new subdivision 13 to read as follows:
   13.  MAKE  BULK  PURCHASES  OF PERSONAL PROTECTIVE EQUIPMENT (PPE) AND
 MAKE SUCH PPE AVAILABLE, AT COST, TO SMALL BUSINESSES AS DEFINED IN THIS
 ARTICLE. FOR PURPOSES OF THIS SUBDIVISION "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.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55.  CREDIT FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT (PPE) BY
 SMALL BUSINESS EMPLOYERS. (A) A TAXPAYER WHO IS  A  SMALL  BUSINESS,  AS
 DEFINED  IN  SECTION  ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT
 LAW, SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY  THIS  ARTICLE
 FOR  THE PURCHASE 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).
   (B)  FOR  THE PURPOSES OF THIS SUBDIVISION "PERSONAL PROTECTIVE EQUIP-
 MENT (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07722-01-1
              

 A. 6433                             2
 
 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
 EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
 OUSLY ALLOWED OR CARRIED OVER.
   § 3. 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 SMALL BUSINESS EMPLOYERS.  (1) A TAXPAYER WHO IS A SMALL BUSINESS, AS
 DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF  THE  ECONOMIC  DEVELOPMENT
 LAW,  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 EQUIP-
 MENT (PPE).
   (2) FOR THE PURPOSES OF THIS SUBSECTION "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.
   § 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) CREDIT FOR                    AMOUNT OF CREDIT
 THE PURCHASE OF PERSONAL             UNDER SUBDIVISION
 PROTECTIVE EQUIPMENT (PPE)           FIFTY-FIVE OF SECTION
 BY SMALL BUSINESS EMPLOYERS          TWO HUNDRED TEN-B
 UNDER SUBSECTION (KKK)
 
   § 5. This act shall take effect immediately;  provided  that  sections
 two,  three  and four of this act shall apply to taxable years beginning
 on and after January 1, 2020.