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A01617 Summary:

BILL NOA01617
 
SAME ASNo Same As
 
SPONSOREichenstein
 
COSPNSR
 
MLTSPNSR
 
Add §§48 & 187-r, amd §§606, 210-B & 1511, Tax L
 
Establishes a tax credit for the purchase and installation of a security camera system on residential- and commercial-owned properties.
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A01617 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1617
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to establishment  of  a  credit
          for the purchase and installation of a security camera system on resi-
          dential- and commercial-owned properties in cities having a population
          of one million or more persons

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a new section 48  to  read
     2  as follows:
     3    § 48. Credit for purchase and installation of a security camera system
     4  on property located in a city having a population of one million or more
     5  persons.    (a)  Allowance of credit. A property owner who is subject to
     6  tax under article nine, nine-A, twenty-two or thirty-three of this chap-
     7  ter, shall be allowed  a  one-time  credit  against  such  tax  for  the
     8  purchase  and  installation  of  a qualified security camera system on a
     9  property located in a city having a population of one  million  or  more
    10  persons.   The amount of such credit shall be five hundred dollars.  The
    11  credit shall be allowable for owners of residential or commercial  prop-
    12  erties and for property owners incorporated pursuant to the terms of the
    13  not-for-profit  corporation  law.    A  property owner claiming a credit
    14  against tax as provided in this section may claim it  against  tax  owed
    15  under only one article of this chapter.
    16    (b)  Definitions.  The  term  "qualified security camera system" means
    17  expenditures for the purchase of a camera system,  materials  and  labor
    18  costs  properly  allocable to on-site preparation, assembly and original
    19  installation. Such camera system shall be capable of recording and stor-
    20  ing camera footage for up to forty-eight hours.
    21    (c) When credit allowed. The  credit  provided  for  herein  shall  be
    22  allowed with respect to the taxable year commencing in which the securi-
    23  ty camera system is installed.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00131-02-3

        A. 1617                             2
 
     1    (d)  Carryover  of credit. If the amount of the credit, and carryovers
     2  of such credit, allowable under this section for any taxable year  shall
     3  exceed  the  taxpayer's  tax  for  such  year, such excess amount may be
     4  carried over to the five taxable years next following the  taxable  year
     5  with respect to which the credit is allowed and may be deducted from the
     6  taxpayer's tax for such year or years.
     7    §  2. Section 606 of the tax law is amended by adding a new subsection
     8  (w) to read as follows:
     9    (w) Credit for purchase and installation of a security  camera  system
    10  on  residential  property  located  in a city having a population of one
    11  million or more persons.  (1) Allowance of credit.  A taxpayer who is  a
    12  homeowner  shall be allowed a one-time credit for purchase and installa-
    13  tion of a security camera system on a residential property owned by such
    14  taxpayer and located in a city having a population  of  one  million  or
    15  more  persons, to be computed as provided in section forty-eight of this
    16  chapter, against the tax imposed by this article.
    17    (2) Carryover of credit. If the amount of the credit,  and  carryovers
    18  of  such  credit,  allowable  under this subsection for any taxable year
    19  shall exceed the taxpayer's tax for such year, such excess amount may be
    20  carried over to the five taxable years next following the  taxable  year
    21  with respect to which the credit is allowed and may be deducted from the
    22  taxpayer's tax for such year or years.
    23    §  3.  The tax law is amended by adding a new section 187-r to read as
    24  follows:
    25    § 187-r. Credit for purchase and installation  of  a  security  camera
    26  system  on property located in a city having a population of one million
    27  or more persons.  1. Allowance of credit. A taxpayer shall be allowed  a
    28  credit,  to be computed as provided in section forty-eight of this chap-
    29  ter, against the taxes imposed by sections one hundred eighty-three  and
    30  one  hundred  eighty-four  of this article.  Provided, however, that the
    31  amount of such credit allowable against the tax imposed by  section  one
    32  hundred eighty-four of this article shall be the excess of the amount of
    33  such  credit  over  the  amount  of  any  credit allowed by this section
    34  against the tax imposed by section  one  hundred  eighty-three  of  this
    35  article.
    36    2.  Application  of  credit.  In  no event shall the credit under this
    37  section be allowed in an amount which will reduce  the  tax  payable  to
    38  less than the applicable minimum tax fixed by section one hundred eight-
    39  y-three  of  this  article.  If, however, the amount of credit allowable
    40  under this section for any taxable year reduces the tax to such  amount,
    41  any amount of credit not deductible in such taxable year shall be treat-
    42  ed  as  an  overpayment  of  tax  to  be refunded in accordance with the
    43  provisions of section one thousand eighty-six of this chapter. Provided,
    44  however, the provisions of subsection (c) of section one thousand eight-
    45  y-eight of this chapter notwithstanding, no interest shall be paid ther-
    46  eon.
    47    § 4. Section 210-B of the tax law is amended by adding a new  subdivi-
    48  sion 59 to read as follows:
    49    59.  Credit  for purchase and installation of a security camera system
    50  on property located in a city having a population of one million or more
    51  persons.  (a) Allowance of credit. A taxpayer shall be allowed a credit,
    52  to be computed as provided in subsection (a) of section  forty-eight  of
    53  this chapter, against the tax imposed by this article.
    54    (b)  Application  of  credit.  In no event shall the credit under this
    55  section be allowed in an amount which will reduce the tax to  less  than
    56  the  amount  prescribed  in  paragraph  (d)  of  subdivision one of this

        A. 1617                             3
 
     1  section. If, however, the amount of credit allowed  under  this  section
     2  for any taxable year reduces the tax to such amount, any amount of cred-
     3  it  not  deductible in such taxable year shall be treated as an overpay-
     4  ment  of tax to be refunded in accordance with the provisions of section
     5  one thousand eighty-six of  this  chapter,  provided  however,  that  no
     6  interest shall be paid thereon.
     7    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
     8  of the tax law is amended by adding a new clause (l) to read as follows:
     9  (l) Credit for purchase              Amount of credit under
    10  and tax installation of a            subdivision fifty-nine of section
    11  security camera system under         210-B
    12  subsection (w)
    13    § 6. Section 1511 of the tax law is amended by adding a  new  subdivi-
    14  sion (ee) to read as follows:
    15    (ee)  Credit for purchase and installation of a security camera system
    16  on property located in a city having a population of one million or more
    17  persons.  (1) Allowance of credit. A taxpayer shall be allowed a credit,
    18  to be computed as provided  in  section  forty-eight  of  this  chapter,
    19  against the taxes imposed by this article.
    20    (2)  Application  of credit. The credit allowed under this subdivision
    21  for any taxable year shall not reduce the tax due for such year to  less
    22  than  the  minimum fixed by paragraph four of subdivision (a) of section
    23  fifteen hundred two of this article. However, if the amount  of  credits
    24  allowed  under  this subdivision for any taxable year reduces the tax to
    25  such amount, any amount of credit thus not deductible  in  such  taxable
    26  year  shall  be  treated  as  an  overpayment  of  tax to be credited or
    27  refunded in accordance with  the  provisions  of  section  one  thousand
    28  eighty-six  of  this  chapter.    Provided,  however,  the provisions of
    29  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    30  notwithstanding, no interest shall be paid thereon.
    31    §  7. This act shall take effect on the first of January next succeed-
    32  ing the date upon which it shall have become a law.
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