Assembly Bill A7621

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7621
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to  amend the tax law, in relation to establishing the New York
   brewery empowerment and economic revitalization credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The tax law is amended by adding a new section 37-a to read
 as follows:
   § 37-A. NEW YORK BREWERY EMPOWERMENT AND ECONOMIC REVITALIZATION CRED-
 IT.    (A)  GENERAL.  A  TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR
 TWENTY-TWO OF THIS CHAPTER, THAT IS REGISTERED AS  A  DISTRIBUTOR  UNDER
 ARTICLE  EIGHTEEN OF THIS CHAPTER AND PRODUCES BEER IN THIS STATE IN THE
 TAXABLE YEAR SHALL BE ALLOWED A CREDIT AGAINST SUCH TAXES IN THE  AMOUNT
 SPECIFIED  IN  SUBDIVISION  (B)  OF  THIS  SECTION  AND  PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION  (D)  OF  THIS  SECTION.  PROVIDED,
 HOWEVER,  THAT  NO  CREDIT  SHALL BE ALLOWED UNLESS A TAXPAYER MEETS THE
 ELIGIBILITY CRITERIA DESCRIBED IN SUBDIVISION (E) OF THIS SECTION.
   (B) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT PER TAXPAYER PER  TAXA-
 BLE  YEAR  (OR PRO RATA SHARE OF EARNED CREDIT IN THE CASE OF A PARTNER-
 SHIP) FOR EACH GALLON OF BEER PRODUCED IN  THIS  STATE  SHALL  BE  SEVEN
 CENTS  PER  GALLON.  PROVIDED, HOWEVER, THAT NO TAXPAYER SHALL RECEIVE A
 CREDIT IN EXCESS OF FIVE MILLION DOLLARS.
   (C) OTHER TAX CREDITS. A TAXPAYER CLAIMING THE  CREDIT  ALLOWED  UNDER
 THIS  SECTION  SHALL  NOT BE ALLOWED TO CLAIM THE TAX CREDIT PROVIDED IN
 SECTION THIRTY-SEVEN OF THIS ARTICLE FOR THE PRODUCTION OF BEER.
   (D) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 39-A.
   (2)  ARTICLE  22:  SECTION  606,  SUBSECTION (QQQ) AND SUBSECTION (I),
 PARAGRAPH 1, SUBPARAGRAPH (B), CLAUSE (LII).
   (E) ELIGIBILITY  CRITERIA.  TO  QUALIFY  FOR  THE  CREDIT  UNDER  THIS
 SECTION,  A  TAXPAYER  SHALL  ATTACH  TO  ITS  TAX  RETURN,  IN THE FORM
 PRESCRIBED BY THE COMMISSIONER OF LABOR, PROOF OF RECEIPT OF ITS CERTIF-
 ICATE OF TAX CREDIT ISSUED PURSUANT TO SUBDIVISION (F) OF THIS  SECTION,
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10822-01-5
 A. 7621                             2
 
 THAT CERTIFIES FOR THE TAXABLE YEAR THAT EMPLOYEES AT BREWERIES OPERATED
 BY  THE  TAXPAYER  AND  EMPLOYED BY THE TAXPAYER WERE PAID ON AVERAGE NO
 LESS THAN ONE HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE AVERAGE  WAGE
 FOR  BREWERY EMPLOYEES, AS DETERMINED BY THE DEPARTMENT OF LABOR'S QUAR-
 TERLY CENSUS OF EMPLOYMENT AND WAGES.
   (F) (1) THE COMMISSIONER OF LABOR, IN COLLABORATION WITH  THE  COMMIS-
 SIONER,  SHALL  DEVELOP  METHODOLOGY  TO  CERTIFY  THAT  A  TAXPAYER HAS
 COMPLIED WITH THE REQUIREMENTS OF THIS SECTION WITHIN ONE HUNDRED EIGHTY
 DAYS OF THE PUBLICATION OF THE LATEST DEPARTMENT  OF  LABOR'S  QUARTERLY
 CENSUS OF EMPLOYMENT AND WAGES AND ISSUE A CERTIFICATE OF TAX CREDIT.
   (2)  FOR  PURPOSES  OF THIS SECTION, "CERTIFICATE OF TAX CREDIT" MEANS
 THE DOCUMENT ISSUED TO A TAXPAYER BY THE DEPARTMENT OF LABOR  AFTER  THE
 COMMISSIONER  OF LABOR HAS VERIFIED THAT THE TAXPAYER HAS MET ALL APPLI-
 CABLE ELIGIBILITY CRITERIA SET FORTH IN THIS SECTION.  SUCH  CERTIFICATE
 SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CREDIT UNDER THIS SECTION THAT
 A TAXPAYER MAY CLAIM.
   §  2. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 39-a to read as follows:
   39-A. NEW YORK BREWERY EMPOWERMENT AND ECONOMIC REVITALIZATION CREDIT.
 A TAXPAYER SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  THIRTY-SEVEN-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.  IN NO EVENT SHALL THE CREDIT ALLOWED  UNDER  THIS  SUBDIVISION
 FOR  ANY  TAXABLE YEAR REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED  TEN  OF  THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED
 UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR  REDUCES  THE  TAX  TO  SUCH
 AMOUNT  OR  IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR
 MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE
 YEAR SHALL BE TREATED AS  AN  OVERPAYMENT  OF  TAX  TO  BE  CREDITED  OR
 REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
 EIGHTY-SIX OF THIS  CHAPTER.    PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL 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 (lii) to read as
 follows:
 
 (LII) NEW YORK BREWERY EMPOWERMENT      AMOUNT OF CREDIT UNDER
 AND ECONOMIC REVITALIZATION CREDIT      SUBDIVISION THIRTY-NINE-A OF
 UNDER SUBSECTION (QQQ)                  SECTION TWO HUNDRED TEN-B
 
   § 4. Section 606 of the tax law is amended by adding a new  subsection
 (qqq) to read as follows:
   (QQQ) NEW YORK BREWERY EMPOWERMENT AND ECONOMIC REVITALIZATION CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION THIRTY-SEVEN-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY  THIS
 ARTICLE.   IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR
 ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'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 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   § 5. This act shall take effect immediately.