S T A T E O F N E W Y O R K
________________________________________________________________________
1817
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a tax credit
for condominium and cooperative apartment owners that install elec-
trical outlets for charging electric cars in certain parking garages
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 59 to read as follows:
59. CREDIT FOR ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN
CERTAIN PARKING GARAGES. (A) A TAXPAYER SHALL BE ALLOWED A CREDIT FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
FOUR AND ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLA-
TION OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN THE PARKING
GARAGE OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A COOPERATIVE
HOUSING CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS
LOCATED WITHIN THIS STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMIN-
IUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPER-
ATIVE HOUSING CORPORATION MAY FOR THE PURPOSE OF THIS SUBDIVISION CLAIM
A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE FOR THE
PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF SUCH
RESIDENCE IS LOCATED WITHIN THE STATE. THE TOTAL AMOUNT OF THE CREDIT
SHALL BE FIFTY-FIVE PERCENT OF THE EXPENDITURE INCURRED IN PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(I) "ELECTRIC CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, WHICH ARE
PROPELLED BY ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00854-01-3
A. 1817 2
OR OTHER ENERGY STORAGE DEVICES. FOR THE PURPOSES OF THIS SUBDIVISION,
"ELECTRIC CARS" SHALL NOT INCLUDE ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
TRAFFIC LAW.
(II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL OUTLETS INTENDED TO BE USED FOR CHARGING ELECTRIC CARS,
INCLUDING, BUT NOT LIMITED TO 120-VOLT OUTLETS, 240-VOLT OUTLETS AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
(C) TO THE EXTENT THAT A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
EXPENDITURES ELIGIBLE FOR A CREDIT UNDER THIS SUBDIVISION, THE CREDIT
PROVIDED IN THIS SUBDIVISION SHALL BE REDUCED SO THAT THE COMBINED CRED-
IT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN
THOUSAND DOLLARS, WHICHEVER IS LESS.
(D) 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.
(E) 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; PROVIDED HOWEVER THAT A CREDIT PREVIOUSLY
ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS SHALL NOT BE
TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR THE PURCHASE
AND INSTALLATION OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN A
SUBSEQUENT PRINCIPAL RESIDENCE.
(F) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE ACTUAL EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING ELECTRIC CARS, THE AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
§ 2. Section 606 of the tax law is amended by adding a new subsection
(g-3) to read as follows:
(G-3) CREDIT FOR ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN
CERTAIN PARKING GARAGES. (1) A TAXPAYER SHALL BE ALLOWED A CREDIT FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
FOUR AND ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLA-
TION OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN THE PARKING
GARAGE OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A COOPERATIVE
HOUSING CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS
LOCATED WITHIN THIS STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMIN-
IUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPER-
ATIVE 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 RESIDENCE, IF SUCH
RESIDENCE IS LOCATED WITHIN THE STATE. THE TOTAL AMOUNT OF THE CREDIT
SHALL BE FIFTY-FIVE PERCENT OF THE EXPENDITURE INCURRED IN PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
(2) FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(I) "ELECTRIC CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, WHICH ARE
PROPELLED BY ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES
A. 1817 3
OR OTHER ENERGY STORAGE DEVICES. FOR THE PURPOSES OF THIS SUBDIVISION,
"ELECTRIC CARS" SHALL NOT INCLUDE ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
TRAFFIC LAW,
(II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL OUTLETS INTENDED TO BE USED FOR CHARGING ELECTRIC CARS,
INCLUDING, BUT NOT LIMITED TO 120-VOLT OUTLETS, 240-VOLT OUTLETS AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
(3) TO THE EXTENT THAT A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
EXPENDITURES ELIGIBLE FOR A CREDIT UNDER THIS SUBSECTION, THE CREDIT
PROVIDED IN THIS SUBSECTION SHALL BE REDUCED SO THAT THE COMBINED CREDIT
SHALL NOT EXCEED FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN THOU-
SAND DOLLARS, WHICHEVER IS LESS.
(4) 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.
(5) 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; PROVIDED HOWEVER THAT A CREDIT
PREVIOUSLY ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS
SHALL NOT BE TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR
THE PURCHASE AND INSTALLATION OF ELECTRICAL OUTLETS FOR CHARGING ELEC-
TRIC CARS IN A SUBSEQUENT PRINCIPAL RESIDENCE.
(6) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE ACTUAL EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING ELECTRIC CARS, THE AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
§ 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xlx) to read as
follows:
(XLX) CREDIT FOR AMOUNT OF CREDIT
ELECTRICAL OUTLETS FOR CHARGING UNDER SUBDIVISION
ELECTRIC CARS IN CERTAIN FIFTY-NINE OF SECTION
PARKING GARAGES UNDER SUBSECTION TWO HUNDRED TEN-B
(G-3)
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.