S T A T E O F N E W Y O R K
________________________________________________________________________
8463
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to imposing a tax on corporate
lobbying expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new article 9-B to read
as follows:
ARTICLE 9-B
TAX ON LOBBYING EXPENDITURES BY CORPORATIONS
SECTION 230. DEFINITIONS.
231. IMPOSITION OF TAX.
§ 230. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CORPORATION" SHALL INCLUDE A CORPORATION, ASSOCIATION, COMPANY,
PARTNERSHIP, LIMITED LIABILITY COMPANY, JOINT STOCK COMPANY, OR ANY
OTHER ENTITY SUBJECT TO TAX UNDER ARTICLE NINE OR NINE-A OF THIS CHAP-
TER.
2. "LOBBYING" OR "LOBBYING ACTIVITIES" SHALL HAVE THE SAME MEANING AS
DEFINED BY SECTION ONE-C OF THE LEGISLATIVE LAW.
§ 231. IMPOSITION OF TAX. 1. FOR THE PRIVILEGE OF EXERCISING THE
FINANCIAL BACKING OF LOBBYING ACTIVITIES IN THIS STATE, EVERY FOREIGN OR
DOMESTIC CORPORATION THAT CONTRIBUTES ONE HUNDRED THOUSAND DOLLARS OR
GREATER IN ANY FISCAL QUARTER TOWARDS LOBBYING ACTIVITIES IN THIS STATE
SHALL ANNUALLY PAY A TAX ON SUCH LOBBYING ACTIVITIES, UPON THE BASIS OF
SUCH LOBBYING EXPENDITURES, FOR SUCH FISCAL CALENDAR YEAR OR PART THERE-
OF, ON A REPORT WHICH SHALL BE FILED, ON OR BEFORE THE FIFTEENTH DAY OF
APRIL NEXT SUCCEEDING THE CLOSE OF EACH SUCH YEAR, FOR TAXABLE YEARS
BEGINNING AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, OR, IN THE CASE
OF A CORPORATION WHICH REPORTS ON THE BASIS OF A FISCAL YEAR, ON OR
BEFORE THE FIFTEENTH DAY OF THE FOURTH MONTH AFTER THE CLOSE OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13528-01-1
A. 8463 2
FISCAL YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-TWO, SHALL BE PAID AS HEREINAFTER PROVIDED:
(A) A CORPORATION THAT EXPENDS LESS THAN ONE HUNDRED THOUSAND DOLLARS
IN ANY FISCAL QUARTER TOWARDS LOBBYING ACTIVITIES IN THIS STATE, SHALL
NOT BE SUBJECT TO TAX UNDER THIS SECTION FOR SUCH FISCAL QUARTER.
(B) A CORPORATION THAT EXPENDS ONE HUNDRED THOUSAND DOLLARS OR GREATER
IN ANY FISCAL QUARTER TOWARDS LOBBYING ACTIVITIES IN THIS STATE, SHALL
BE SUBJECT TO A TAX OF THIRTY-FIVE PERCENT OF SUCH EXPENDITURE IN EXCESS
OVER ONE HUNDRED THOUSAND DOLLARS.
(C) A CORPORATION THAT EXPENDS FIVE HUNDRED THOUSAND DOLLARS OR GREAT-
ER IN ANY FISCAL QUARTER TOWARDS LOBBYING ACTIVITIES IN THIS STATE,
SHALL BE SUBJECT TO A TAX OF TWENTY-FIVE PERCENT OF SUCH EXPENDITURE IN
EXCESS OVER FIVE HUNDRED THOUSAND DOLLARS, IN ADDITION TO THE TAX
IMPOSED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
(D) A CORPORATION THAT EXPENDS ONE MILLION DOLLARS OR GREATER IN ANY
FISCAL QUARTER TOWARDS LOBBYING ACTIVITIES IN THIS STATE, SHALL BE
SUBJECT TO A TAX OF FIFTEEN PERCENT OF SUCH EXPENDITURE IN EXCESS OVER
ONE MILLION DOLLARS, IN ADDITION TO THE TAX IMPOSED BY PARAGRAPHS (B)
AND (C) OF THIS SUBDIVISION.
2. ANY RECEIVER, REFEREE, TRUSTEE, ASSIGNEE OR OTHER FIDUCIARY, OR ANY
OFFICER OR AGENT APPOINTED BY ANY COURT, WHO CONDUCTS THE BUSINESS OF
ANY CORPORATION, SHALL BE SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE IN
THE SAME MANNER AND TO THE SAME EXTENT AS IF THE BUSINESS WERE CONDUCTED
BY THE AGENTS OR OFFICERS OF SUCH CORPORATION. A DISSOLVED CORPORATION
WHICH CONTINUES TO CONDUCT BUSINESS SHALL ALSO BE SUBJECT TO THE TAX
IMPOSED BY THIS ARTICLE.
§ 2. This act shall take effect immediately.