S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5932
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by Sens. PARKER, GOUNARDES, JORDAN, KAPLAN, RIVERA, STAVISKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Budget and Revenue
 
 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
 EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
 OUSLY ALLOWED OR CARRIED OVER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00159-01-1

 S. 5932                             2
 
   § 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.