senate Bill S540B

2021-2022 Legislative Session

Establishes a tax credit for any equipment or product purchased by a small business that is used to comply with a COVID-19 health and safety plan

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Current Bill Status - In Senate Committee Budget And Revenue Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to budget and revenue
May 19, 2021 reported and committed to finance
May 10, 2021 print number 540b
May 10, 2021 amend and recommit to budget and revenue
May 06, 2021 print number 540a
May 06, 2021 amend (t) and recommit to budget and revenue
Jan 06, 2021 referred to budget and revenue

Votes

view votes

May 18, 2021 - Budget and Revenue committee Vote

S540A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 18, 2021

aye wr (1)

S540 - Details

See Assembly Version of this Bill:
A6870
Current Committee:
Senate Budget And Revenue
Law Section:
Tax Law
Laws Affected:
Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:
S9078

S540 - Summary

Establishes a tax credit for any equipment or product, including materials used in the construction of physical barriers, purchased by a small business doing business in this state that is directly used by such small business to comply with a COVID-19 health and safety plan.

S540 - Sponsor Memo

S540 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  exempting  from  sales  and
   compensating use taxes and establishing a tax credit for any equipment
   or product purchased by a small business that is used to comply with a
   COVID-19 health and safety plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
 by adding a new paragraph 46 to read as follows:
   (46)  ANY  EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS OR PARTITIONS, PURCHASED  BY  A
 SMALL  BUSINESS  DOING  BUSINESS  IN THIS STATE THAT IS DIRECTLY USED BY
 SUCH SMALL BUSINESS TO BE IN COMPLIANCE WITH A COVID-19 HEALTH AND SAFE-
 TY PLAN. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55.  SALES  TAX  PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) FOR THE PERIOD BEGINNING  MAY  FIFTEENTH,  TWO  THOUSAND
 TWENTY  AND ENDING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAXPAYER
 WHO OWNS A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES  TAX  PAID
 FOR   ANY   EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED  IN  THE
 CONSTRUCTION OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO  PLASTIC
 SHIELDING  WALLS,  STRIP  CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR
 MATERIALS, OR OTHER IMPERMEABLE DIVIDERS  OR  PARTITIONS,  PURCHASED  BY
 SUCH  SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19 HEALTH
 AND SAFETY PLAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S540A - Details

See Assembly Version of this Bill:
A6870
Current Committee:
Senate Budget And Revenue
Law Section:
Tax Law
Laws Affected:
Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:
S9078

S540A - Summary

Establishes a tax credit for any equipment or product, including materials used in the construction of physical barriers, purchased by a small business doing business in this state that is directly used by such small business to comply with a COVID-19 health and safety plan.

S540A - Sponsor Memo

S540A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  540--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Budget  and  Revenue  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the tax law, in relation to establishing  a  tax  credit
   for  any  equipment  or  product purchased by a small business that is
   used to comply with a COVID-19 health and safety plan
 
   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 58 to read as follows:
   58. SALES TAX PAID ON MATERIALS FOR COVID-19 HEALTH  AND  SAFETY  PLAN
 COMPLIANCE.  (1)  FOR  THE  PERIOD BEGINNING MAY FIFTEENTH, TWO THOUSAND
 TWENTY AND ENDING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A  TAXPAYER
 WHO  OWNS  A SMALL BUSINESS SHALL BE ALLOWED A CREDIT FOR SALES TAX PAID
 FOR  ANY  EQUIPMENT  OR  PRODUCT,  INCLUDING  MATERIALS  USED   IN   THE
 CONSTRUCTION  OF PHYSICAL BARRIERS, INCLUDING BUT NOT LIMITED TO PLASTIC
 SHIELDING WALLS, STRIP CURTAINS, CUBICLE WALLS,  PLEXIGLASS  OR  SIMILAR
 MATERIALS,  OR  OTHER  IMPERMEABLE  DIVIDERS OR PARTITIONS, PURCHASED BY
 SUCH SMALL BUSINESS IN ORDER TO BE IN COMPLIANCE WITH A COVID-19  HEALTH
 AND SAFETY PLAN.
   (2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
 TAXABLE  YEAR  SHALL  EXCEED THE SMALL BUSINESS'S TAX FOR SUCH YEAR, THE
 EXCESS SHALL BE TREATED AS AN OVERPAYMENT  OF  TAX  TO  BE  CREDITED  OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   (3)  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL BUSINESS" SHALL
 MEAN A BUSINESS WITH ONE HUNDRED OR FEWER EMPLOYEES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S540B (ACTIVE) - Details

See Assembly Version of this Bill:
A6870
Current Committee:
Senate Budget And Revenue
Law Section:
Tax Law
Laws Affected:
Amd §§210-B & 606, Tax L
Versions Introduced in 2019-2020 Legislative Session:
S9078

S540B (ACTIVE) - Summary

Establishes a tax credit for any equipment or product, including materials used in the construction of physical barriers, purchased by a small business doing business in this state that is directly used by such small business to comply with a COVID-19 health and safety plan.

S540B (ACTIVE) - Sponsor Memo

S540B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  540--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Budget  and  Revenue  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the tax law, in relation to establishing a tax credit
   for any equipment or product purchased by a  small  business  that  is
   used to comply with a COVID-19 health and safety plan
 
   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 58 to read as follows:
   58.  SALES  TAX  PAID ON MATERIALS FOR COVID-19 HEALTH AND SAFETY PLAN
 COMPLIANCE. (1) A TAXPAYER THAT IS A SMALL BUSINESS SHALL BE  ALLOWED  A
 CREDIT  FOR  SALES TAX PAID DURING THE ELIGIBILITY PERIOD FOR ANY EQUIP-
 MENT OR PRODUCT, INCLUDING MATERIALS USED IN THE CONSTRUCTION  OF  PHYS-
 ICAL  BARRIERS,  INCLUDING  BUT  NOT LIMITED TO PLASTIC SHIELDING WALLS,
 STRIP CURTAINS, CUBICLE WALLS, PLEXIGLASS OR SIMILAR MATERIALS, OR OTHER
 IMPERMEABLE DIVIDERS OR PARTITIONS, PURCHASED BY SUCH SMALL BUSINESS  IN
 ORDER  TO  BE IN COMPLIANCE WITH A COVID-19 HEALTH AND SAFETY PLAN.  THE
 ELIGIBILITY PERIOD  SHALL  BE  THE  PERIOD  OF  TIME  BEGINNING  ON  MAY
 FIFTEENTH,  TWO  THOUSAND TWENTY AND ENDING WITH THE END OF THE DECLARED
 COVID-19 STATE OF EMERGENCY AS SET OUT PURSUANT TO EXECUTIVE  ORDER  TWO
 HUNDRED  TWO  OF TWO THOUSAND TWENTY AND AS CONTINUED IN EACH SUBSEQUENT
 EXECUTIVE ORDER.
   (2) THE  CREDIT  ALLOWED  UNDER  THIS SUBDIVISION FOR ANY TAXABLE YEAR
 SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE FIXED DOLLAR
 MINIMUM AMOUNT PRESCRIBED IN PARAGRAPH (D)    OF    SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT  ALLOWED  UNDER  THIS SUBDIVISION FOR ANY  TAXABLE  YEAR  REDUCES THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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