S T A T E O F N E W Y O R K
________________________________________________________________________
364
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to the treatment of excess tax
credits for the rehabilitation of historic barns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 12 of subsection (a) of section 606 of the tax
law, as amended by chapter 672 of the laws of 2021, is amended to read
as follows:
(12) Rehabilitation credit for historic barns. A taxpayer shall be
allowed a credit, to be computed as hereinafter provided, against the
tax imposed by this article. The amount of the credit shall be twenty-
five percent of the taxpayer's qualified rehabilitation expenditures
paid or incurred within the five years immediately preceding the year in
which such tax credit shall be applied with respect to any barn located
in this state which qualifies as an historic barn pursuant to subdivi-
sion five of section four hundred eighty-three-b of the real property
tax law. For purposes of this paragraph, the term "barn" means a build-
ing that is or was used as an agricultural facility or for purposes
related to agriculture. Provided, however, such qualified rehabilitation
expenditures shall not include any such expenditures which are included,
directly or indirectly, in the computation of a credit claimed by the
taxpayer pursuant to paragraph one of this subsection. Provided further
that no rehabilitation credit shall be allowed for any rehabilitation of
a barn which, immediately prior to the commencement of such rehabili-
tation, was used for residential purposes, or which converts a barn not
suitable for residential purposes into one which is so suitable, nor
shall a rehabilitation credit be allowed for any rehabilitation that
materially alters the historic appearance of the barn. IF THE AMOUNT OF
CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL EXCEED THE TAXPAYER'S TAX
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00256-01-5
A. 364 2
FOR SUCH YEAR AND THE TAXPAYER'S NEW YORK ADJUSTED GROSS INCOME FOR SUCH
YEAR DOES NOT EXCEED SIXTY THOUSAND DOLLARS, 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, THAT NO INTEREST SHALL BE PAID THEREON. IF THE
TAXPAYER'S NEW YORK ADJUSTED GROSS INCOME FOR SUCH YEAR EXCEEDS SIXTY
THOUSAND DOLLARS, THE EXCESS CREDIT MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
OR YEARS.
§ 2. This act shall take effect immediately.