Senate Bill S5755

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5755
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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  fine
   reimbursement  credit  for  taxpayers  fined  for  operating  a bar or
   restaurant during the COVID-19 pandemic

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ooo) to read as follows:
   (OOO) FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANU-
 ARY FIRST, TWO THOUSAND TWENTY AND  ENDING  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  A  TAXPAYER  WHO  HAS BEEN LEVIED A FINE BETWEEN
 MARCH FIFTEENTH, TWO THOUSAND TWENTY AND APRIL FIFTEENTH,  TWO  THOUSAND
 TWENTY-ONE  FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF
 TWO THOUSAND TWENTY OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION OF
 A BAR OR RESTAURANT DURING THE COVID-19  PANDEMIC  SHALL  BE  ALLOWED  A
 CREDIT  AGAINST  THE  TAX  IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH
 FINE. THE COMMISSIONER OF TAXATION AND FINANCE, IN CONSULTATION WITH THE
 COMMISSIONERS OF THE STATE LIQUOR AUTHORITY, SHALL HAVE THE AUTHORITY TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBSECTION.
   (2) IF THE AMOUNT OF CREDIT ALLOWED  UNDER  THIS  SUBSECTION  FOR  ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE 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 EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 59 to read as follows:
   59. FINE REIMBURSEMENT CREDIT. (1) FOR TAXABLE YEARS BEGINNING JANUARY
 FIRST, TWO THOUSAND TWENTY AND ENDING BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR,  A  TAXPAYER  WHO  HAS  BEEN  LEVIED  A  FINE BETWEEN MARCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03900-01-3
              

 S. 5755                             2
 
 FIFTEENTH, TWO THOUSAND TWENTY AND APRIL FIFTEENTH, TWO  THOUSAND  TWEN-
 TY-ONE  FOR A VIOLATION OF EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO
 THOUSAND TWENTY OR ANY SUBSEQUENT ORDER RELATING TO THE OPERATION  OF  A
 BAR OR RESTAURANT DURING THE COVID-19 PANDEMIC SHALL BE ALLOWED A CREDIT
 AGAINST  THE TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT OF SUCH FINE. THE
 COMMISSIONER OF TAXATION AND FINANCE, IN CONSULTATION WITH  THE  COMMIS-
 SIONERS  OF  THE  STATE  LIQUOR  AUTHORITY,  SHALL HAVE THE AUTHORITY TO
 PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE PROCESSING, DETER-
 MINATION, AND GRANTING OF CREDITS AND REFUNDS UNDER THIS SUBDIVISION.
   (2) IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS  SUBDIVISION  FOR  ANY
 TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE 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 EIGHTY-SIX OF THIS
 CHAPTER, PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of the tax law is amended by adding a new clause (l) to read as follows:
 (L) FINE REIMBURSEMENT CREDIT        AMOUNT OF CREDIT
 UNDER SUBSECTION (OOO)               UNDER SUBDIVISION
                                      FIFTY-NINE OF SECTION TWO
                                      HUNDRED TEN-B
   § 4. This act shall take effect immediately.