The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3566
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. ASHBY, PALMESANO, BRABENEC, BUTTENSCHON, BYRNES,
   DiPIETRO, DICKENS, FRONTUS, J. M. GIGLIO, HAWLEY, MANKTELOW,  M. MILL-
   ER,  B. MILLER,  MORINELLO, McDONOUGH, NORRIS, REILLY, RAMOS, SCHMITT,
   SALKA, TAGUE -- read once and referred to the Committee  on  Ways  and
   Means

 AN  ACT  to amend the tax law, in relation to establishing a small busi-
   ness tax credit for certain efforts taken to improve such small  busi-
   ness's  facility  in  an  effort  to  reduce  the spread of infectious
   diseases
 
   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. SMALL BUSINESS TAX CREDIT; INFECTIOUS  DISEASE  MITIGATION.    (A)
 GENERAL.  A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT,
 TO BE COMPUTED AS PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX  IMPOSED
 BY THIS ARTICLE FOR EFFORTS TAKEN TO IMPROVE SUCH TAXPAYER'S FACILITY IN
 AN EFFORT TO REDUCE THE SPREAD OF INFECTIOUS DISEASES.
   (B)  AMOUNT  OF  CREDIT.  A CREDIT AUTHORIZED BY THIS SECTION SHALL BE
 EQUAL TO THE AMOUNT OF MONEY SPENT BY AN ELIGIBLE TAXPAYER TO CONSTRUCT,
 INSTALL, BUILD, AND/OR EQUIP SUCH TAXPAYER'S FACILITY WITH NEW AMENITIES
 PRIMARILY INTENDED TO REDUCE THE  SPREAD  OF  INFECTIOUS  DISEASES,  BUT
 SHALL  NOT  EXCEED  FIVE  THOUSAND DOLLARS TOTAL FOR EACH LOCATION WHERE
 SUCH NEW AMENITIES  HAVE  BEEN  CONSTRUCTED,  INSTALLED,  BUILT,  AND/OR
 EQUIPPED.
   (C) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
 BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED  TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE
 UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR  REDUCES  THE  TAX  TO  SUCH
 AMOUNT  OR  IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06255-01-1

 A. 3566                             2
 
 MINIMUM AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
 MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND  MAY  BE  DEDUCTED
 FROM THE QUALIFIED EMPLOYER'S TAX FOR SUCH YEARS.
   (D)  DEFINITIONS.  AS  USED IN THIS SUBDIVISION, THE TERM "SMALL BUSI-
 NESS" SHALL MEAN ANY BUSINESS HAVING FIFTY OR FEWER EMPLOYEES.
   (E) CLAIM OF CREDIT. A TAXPAYER SHALL NOT BE  ALLOWED  TO  CLAIM  THIS
 CREDIT  TO  THE  EXTENT  THE BASIS OF THE CALCULATION OF THIS CREDIT HAS
 BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
   § 2. Section 606 of the tax law is amended by adding a new  subsection
 (lll) to read as follows:
   (LLL)  SMALL  BUSINESS TAX CREDIT; INFECTIOUS DISEASE MITIGATION.  (1)
 GENERAL. A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE ALLOWED A  CREDIT,
 TO  BE  COMPUTED AS PROVIDED IN THIS SUBSECTION, AGAINST THE TAX IMPOSED
 BY THIS ARTICLE FOR EFFORTS TAKEN TO IMPROVE SUCH TAXPAYER'S FACILITY IN
 AN EFFORT TO REDUCE THE SPREAD OF INFECTIOUS DISEASES.
   (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY  THIS  SECTION  SHALL  BE
 EQUAL TO THE AMOUNT OF MONEY SPENT BY AN ELIGIBLE TAXPAYER TO CONSTRUCT,
 INSTALL, BUILD, AND/OR EQUIP SUCH TAXPAYER'S FACILITY WITH NEW AMENITIES
 PRIMARILY  INTENDED  TO  REDUCE  THE  SPREAD OF INFECTIOUS DISEASES, BUT
 SHALL NOT EXCEED FIVE THOUSAND DOLLARS TOTAL  FOR  EACH  LOCATION  WHERE
 SUCH  NEW  AMENITIES  HAVE  BEEN  CONSTRUCTED,  INSTALLED, BUILT, AND/OR
 EQUIPPED.
   (3) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY  TAXA-
 BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED  TEN OF THIS CHAPTER. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE
 UNDER THIS SUBSECTION FOR ANY TAXABLE  YEAR  REDUCES  THE  TAX  TO  SUCH
 AMOUNT  OR  IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR
 MINIMUM AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
 MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS, AND  MAY  BE  DEDUCTED
 FROM THE QUALIFIED EMPLOYER'S TAX FOR SUCH YEARS.
   (4) DEFINITIONS. AS USED IN THIS SUBSECTION, THE TERM "SMALL BUSINESS"
 SHALL MEAN ANY BUSINESS HAVING FIFTY OR FEWER EMPLOYEES.
   (5)  CLAIM  OF  CREDIT.  A TAXPAYER SHALL NOT BE ALLOWED TO CLAIM THIS
 CREDIT TO THE EXTENT THE BASIS OF THE CALCULATION  OF  THIS  CREDIT  HAS
 BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
   §  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) SMALL BUSINESS TAX CREDIT;    AMOUNT OF CREDIT UNDER
 INFECTIOUS DISEASE MITIGATION        SUBDIVISION FIFTY-FIVE OF
 UNDER SUBSECTION (LLL)               SECTION TWO HUNDRED
                                      TEN-B
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.