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A07046 Summary:

BILL NOA07046
 
SAME ASSAME AS S03097
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Amd 1115, 210-B & 606, Tax L
 
Exempts from sales and compensating use taxes any propane or propane tank purchased by a restaurant or food service establishment for use in outdoor dining during the COVID-19 state disaster emergency.
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A07046 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7046
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 21, 2021
                                       ___________
 
        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 exempting from sales and
          compensating use taxes any empty propane tank, pre-filled propane tank
          or propane dispensed into a propane tank purchased by a restaurant  or
          food  service establishment for use in outdoor dining during the novel
          coronavirus (COVID-19) state disaster emergency
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision (a) of section 1115 of the tax law is amended
     2  by adding a new paragraph 46 to read as follows:
     3    (46) Any empty  propane  tank,  pre-filled  propane  tank  or  propane
     4  dispensed  into  a  propane  tank  purchased  by  any restaurant or food
     5  service establishment for use in outdoor dining during the novel corona-
     6  virus (COVID-19) state disaster emergency declared by  the  governor  in
     7  executive  order  number  two hundred two on March seventh, two thousand
     8  twenty.
     9    § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
    10  sion 55 to read as follows:
    11    55.  Sales  tax  paid  on propane and propane tanks for use in outdoor
    12  dining credit. (a) For the period beginning June  fourth,  two  thousand
    13  twenty  and ending on the effective date of this subdivision, a taxpayer
    14  who owns a restaurant or food service establishment shall be  allowed  a
    15  credit for sales tax paid for any empty propane tank, pre-filled propane
    16  tank or propane dispensed into a propane tank purchased by such taxpayer
    17  for  use in outdoor dining during the novel coronavirus (COVID-19) state
    18  disaster emergency declared by the governor in  executive  order  number
    19  two hundred two on March seventh, two thousand twenty.
    20    (b) If the amount of the credit allowed under this subdivision for any
    21  taxable  year  shall exceed the taxpayer's tax for such year, the excess
    22  shall be treated as an overpayment of tax to be credited or refunded  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05609-02-1

        A. 7046                             2
 
     1  accordance with the provisions of section six hundred eighty-six of this
     2  chapter, provided, however, that no interest shall be paid thereon.
     3    §  3. Section 606 of the tax law is amended by adding a new subsection
     4  (lll) to read as follows:
     5    (lll) Sales tax paid on propane and propane tanks for use  in  outdoor
     6  dining  credit.  (1)  For the period beginning June fourth, two thousand
     7  twenty and ending on the effective date of this subsection,  a  taxpayer
     8  who  owns  a restaurant or food service establishment shall be allowed a
     9  credit for sales tax paid for any empty propane tank, pre-filled propane
    10  tank or propane dispensed into a propane tank purchased by such taxpayer
    11  for use in outdoor dining during the novel coronavirus (COVID-19)  state
    12  disaster  emergency  declared  by the governor in executive order number
    13  two hundred two on March seventh, two thousand twenty.
    14    (2) If the amount of the credit allowed under this subsection for  any
    15  taxable  year  shall exceed the taxpayer's tax for such year, the excess
    16  shall be treated as an overpayment of tax to be credited or refunded  in
    17  accordance with the provisions of section six hundred eighty-six of this
    18  article, provided, however, that no interest shall be paid thereon.
    19    §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    20  of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
    21  follows:
    22    (xlvi) Sales tax paid on propane   Sales tax paid on propane and
    23  and propane tanks for use in         propane tanks for use in
    24  outdoor dining credit under          outdoor dining credit
    25  subsection (lll)                     under subdivision fifty-five
    26                                       of section two hundred ten-B
    27    §  5. This act shall take effect on the first day of a sales tax quar-
    28  terly period, as described in subdivision (b) of section 1136 of the tax
    29  law, next commencing at least thirty days  after  this  act  shall  have
    30  become  a  law and shall apply in accordance with the applicable transi-
    31  tional provisions of sections 1106 and 1217 of  the  tax  law;  provided
    32  that the commissioner of taxation and finance shall be authorized on and
    33  after  the date this act shall have become a law to take steps necessary
    34  to implement the provisions of this act on its effective date.
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