S T A T E O F N E W Y O R K
________________________________________________________________________
6614
2021-2022 Regular Sessions
I N A S S E M B L Y
March 22, 2021
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to personal income tax credit
for residential solar energy systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 2 of subsection (g-1) of
section 606 of the tax law, as amended by chapter 375 of the laws of
2012, is amended to read as follows:
(A) The term "qualified solar energy system equipment expenditures"
means expenditures for:
(i) the purchase of solar energy system equipment which is installed
in connection with residential property which is (I) located in this
state and (II) which is used by the taxpayer as [his or her principal] A
residence at the time the solar energy system equipment is placed in
service;
(ii) the lease of solar energy system equipment under a written agree-
ment that spans at least ten years where such equipment owned by a
person other than the taxpayer is installed in connection with residen-
tial property which is (I) located in this state and (II) which is used
by the taxpayer as [his or her principal] A residence at the time the
solar energy system equipment is placed in service; or
(iii) the purchase of power under a written agreement that spans at
least ten years whereunder the power purchased is generated by solar
energy system equipment owned by a person other than the taxpayer which
is installed in connection with residential property which is (I)
located in this state and (II) which is used by the taxpayer as [his or
her principal] A residence at the time the solar energy system equipment
is placed in service.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01247-01-1
A. 6614 2
§ 2. Paragraph 4 of subsection (g-1) of section 606 of the tax law, as
amended by chapter 378 of the laws of 2005, is amended to read as
follows:
(4) Multiple taxpayers. Where solar energy system equipment is
purchased and installed in a [principal] residence shared by two or more
taxpayers, the amount of the credit allowable under this subsection for
each such taxpayer shall be prorated according to the percentage of the
total expenditure for such solar energy system equipment contributed by
each taxpayer.
§ 3. Paragraph 5 of subsection (g-1) of section 606 of the tax law, as
added by chapter 128 of the laws of 2007, is amended to read as follows:
(5) Proportionate share. Where solar energy system equipment is
purchased and installed by a condominium management association or a
cooperative housing corporation, a taxpayer who is a member of the
condominium management association or who is a tenant-stockholder in the
cooperative housing corporation may for the purpose of this subsection
claim a proportionate share of the total expense as the expenditure for
the purposes of the credit attributable to his [principal]
OR HER residence.
§ 4. Paragraphs 7 and 8 of subsection (g-1) of section 606 of the tax
law, as renumbered by chapter 128 of the laws of 2007, are renumbered
paragraphs 8 and 9 and a new paragraph 7 is added to read as follows:
(7) LIMITATION; ONE RESIDENCE. AN ELIGIBLE TAXPAYER SHALL ONLY BE
ALLOWED TO APPLY THE CREDIT PROVIDED FOR IN THIS SUBSECTION TO ONE RESI-
DENCE OF SUCH TAXPAYER.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
taxable years beginning on and after such date.