STATE OF NEW YORK
________________________________________________________________________
1719--C
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Ways and Means -- recommitted to the Committee on Ways and Means in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to establishing a credit for beer produced within the city of
New York by a taxpayer that is registered as a distributor under arti-
cle eighteen of the tax law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 11-503 of the administrative code of the city of
2 New York is amended by adding a new subdivision (p) to read as follows:
3 (p) Beer production credit. (1) A taxpayer subject to tax under this
4 chapter, that is registered as a distributor under article eighteen of
5 the tax law, and that produces sixty million or fewer gallons of beer in
6 this state in the taxable year, shall be allowed a credit against the
7 tax imposed by this chapter in the amount specified in paragraph two of
8 this subdivision. Provided, however, that no credit shall be allowed for
9 any beer produced in excess of fifteen million five hundred thousand
10 gallons in the taxable year. Notwithstanding anything in this title to
11 the contrary, if a partnership is allowed a credit under this subdivi-
12 sion, a taxpayer that is a partner in such partnership shall not be
13 allowed a credit under this subdivision for any taxable year that
14 includes the last day of the taxable year for which the partnership is
15 allowed such credit.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02212-06-6
A. 1719--C 2
1 (2) The amount of the credit per taxpayer per taxable year for each
2 gallon of beer produced in the city of New York on or after January
3 first, two thousand seventeen shall be determined as follows:
4 (i) for the first five hundred thousand gallons of beer produced in
5 the city of New York in the taxable year, the credit shall equal twelve
6 cents per gallon; and
7 (ii) for each gallon of beer produced in the city of New York in the
8 taxable year in excess of five hundred thousand gallons, the credit
9 shall equal three and eighty-six one hundredths cents per gallon. The
10 credit allowed under this subdivision for any taxable year shall be
11 treated as an overpayment of tax to be credited or refunded in accord-
12 ance with the provisions of section 11-526 of this chapter; provided,
13 however, that notwithstanding the provisions of section 11-528 of this
14 chapter, no interest shall be paid thereon.
15 § 2. Section 11-604 of the administrative code of the city of New York
16 is amended by adding a new subdivision 22 to read as follows:
17 22. Beer production credit. (a) A taxpayer subject to tax under this
18 subchapter, that is registered as a distributor under article eighteen
19 of the tax law, and that produces sixty million or fewer gallons of beer
20 in this state in the taxable year, shall be allowed a credit against the
21 tax imposed by this subchapter in the amount specified in paragraph (b)
22 of this subdivision. Provided, however, that no credit shall be allowed
23 for any beer produced in excess of fifteen million five hundred thousand
24 gallons in the taxable year. Notwithstanding anything in this title to
25 the contrary, if a partnership is allowed a credit under subdivision (p)
26 of section 11-503 of this title, a taxpayer that is a partner in such
27 partnership shall not be allowed a credit under this subdivision for any
28 taxable year that includes the last day of the taxable year for which
29 the partnership is allowed such credit.
30 (b) The amount of the credit per taxpayer per taxable year for each
31 gallon of beer produced in the city of New York on or after January
32 first, two thousand seventeen shall be determined as follows:
33 (1) for the first five hundred thousand gallons of beer produced in
34 the city of New York in the taxable year, the credit shall equal twelve
35 cents per gallon; and
36 (2) for each gallon of beer produced in the city of New York in the
37 taxable year in excess of five hundred thousand gallons, the credit
38 shall equal three and eighty-six one hundredths cents per gallon. In no
39 event shall the credit allowed under this subdivision for any taxable
40 year reduce the tax due for such year to less than the amount prescribed
41 in clause four of subparagraph (a) of paragraph E of subdivision one of
42 this section. However, if the amount of credit allowed under this subdi-
43 vision for any taxable year reduces the tax to such amount, any amount
44 of credit thus not deductible in such taxable year shall be treated as
45 an overpayment of tax to be credited or refunded in accordance with the
46 provisions of section 11-677 of this chapter; provided, however, that
47 notwithstanding the provisions of section 11-679 of this chapter, no
48 interest shall be paid thereon.
49 § 3. Section 11-654 of the administrative code of the city of New York
50 is amended by adding a new subdivision 22 to read as follows:
51 22. Beer production credit. (a) A taxpayer subject to tax under this
52 subchapter, that is registered as a distributor under article eighteen
53 of the tax law, and that produces sixty million or fewer gallons of beer
54 in this state in the taxable year, shall be allowed a credit against the
55 tax imposed by this subchapter in the amount specified in paragraph (b)
56 of this subdivision. Provided, however, that no credit shall be allowed
A. 1719--C 3
1 for any beer produced in excess of fifteen million five hundred thousand
2 gallons in the taxable year. Notwithstanding anything in this title to
3 the contrary, if a partnership is allowed a credit under subdivision (p)
4 of section 11-503 of this title, a taxpayer that is a partner in such
5 partnership shall not be allowed a credit under this subdivision for any
6 taxable year that includes the last day of the taxable year for which
7 the partnership is allowed such credit.
8 (b) The amount of the credit per taxpayer per taxable year for each
9 gallon of beer produced in the city of New York on or after January
10 first, two thousand seventeen shall be determined as follows:
11 (1) for the first five hundred thousand gallons of beer produced in
12 the city of New York in the taxable year, the credit shall equal twelve
13 cents per gallon; and
14 (2) for each gallon of beer produced in the city of New York in the
15 taxable year in excess of five hundred thousand gallons, the credit
16 shall equal three and eighty-six one hundredths cents per gallon. In no
17 event shall the credit allowed under this subdivision for any taxable
18 year reduce the tax due for such year to less than the amount prescribed
19 in subparagraph (1) of paragraph (e) of subdivision one of this section.
20 However, if the amount of credit allowed under this subdivision for any
21 taxable year reduces the tax to such amount, any amount of credit thus
22 not deductible in such taxable year shall be treated as an overpayment
23 of tax to be credited or refunded in accordance with the provisions of
24 section 11-677 of this chapter; provided, however, that notwithstanding
25 the provisions of section 11-679 of this chapter, no interest shall be
26 paid thereon.
27 § 4. This act shall take effect immediately, and shall apply to taxa-
28 ble years beginning on or after January 1, 2017.
