S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6134

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 4, 2012
                                      ___________

       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations

       AN ACT to amend the tax law, in relation to increasing the maximum award
         available under the historic preservation tax credit

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subparagraph  (A)  of  paragraph  1 of subsection (oo) of
    2  section 606 of the tax law, as amended by chapter 472  of  the  laws  of
    3  2010, is amended to read as follows:
    4    (A)  For  taxable years beginning on or after January first, two thou-
    5  sand ten and before January first,  two  thousand  fifteen,  a  taxpayer
    6  shall  be  allowed  a  credit  as  hereinafter provided, against the tax
    7  imposed by this article, in an amount equal to one  hundred  percent  of
    8  the  amount  of  credit allowed the taxpayer with respect to a certified
    9  historic structure under subsection (a) (2) of section 47 of the federal
   10  internal revenue code with respect to  a  certified  historic  structure
   11  located within the state. Provided, however, the credit shall not exceed
   12  [five]  TWELVE  million dollars. For taxable years beginning on or after
   13  January first, two thousand fifteen, a taxpayer shall be allowed a cred-
   14  it as hereinafter provided, against the tax imposed by this article,  in
   15  an  amount  equal  to thirty percent of the amount of credit allowed the
   16  taxpayer with respect to a certified historic structure under subsection
   17  (a)(2) of section 47 of the federal internal revenue code  with  respect
   18  to  a  certified  historic structure located within the state; provided,
   19  however, the credit shall not exceed one hundred thousand dollars.
   20    S 2. Subparagraph (A) of paragraph 1 of subdivision 40 of section  210
   21  of  the  tax  law,  as  amended  by  chapter 472 of the laws of 2010, is
   22  amended to read as follows:
   23    (A) For taxable years beginning on or after January first,  two  thou-
   24  sand  ten  and  before  January  first, two thousand fifteen, a taxpayer
   25  shall be allowed a credit  as  hereinafter  provided,  against  the  tax
   26  imposed  by  this  article, in an amount equal to one hundred percent of

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13898-01-2

S. 6134 2 1 the amount of credit allowed the taxpayer with respect to a certified 2 historic structure under subsection (a) (2) of section 47 of the federal 3 internal revenue code with respect to a certified historic structure 4 located within the state. Provided, however, the credit shall not exceed 5 [five] TWELVE million dollars. For taxable years beginning on or after 6 January first, two thousand fifteen, a taxpayer shall be allowed a cred- 7 it as hereinafter provided, against the tax imposed by this article, in 8 an amount equal to thirty percent of the amount of credit allowed the 9 taxpayer with respect to a certified historic structure under subsection 10 (a)(2) of section 47 of the federal internal revenue code with respect 11 to a certified historic structure located within the state. Provided, 12 however, the credit shall not exceed one hundred thousand dollars. 13 S 3. Subparagraph (A) of paragraph 1 of subsection (u) of section 1456 14 of the tax law, as added by chapter 472 of the laws of 2010, is amended 15 to read as follows: 16 (A) For taxable years beginning on or after January first, two thou- 17 sand ten and before January first, two thousand fifteen, a taxpayer 18 shall be allowed a credit as hereinafter provided, against the tax 19 imposed by this article, in an amount equal to one hundred percent of 20 the amount of credit allowed the taxpayer with respect to a certified 21 historic structure under subsection (a)(2) of section 47 of the federal 22 internal revenue code with respect to a certified historic structure 23 located within the state. Provided, however, the credit shall not exceed 24 [five] TWELVE million dollars. For taxable years beginning on or after 25 January first, two thousand fifteen, a taxpayer shall be allowed a cred- 26 it as hereinafter provided, against the tax imposed by this article, in 27 an amount equal to thirty percent of the amount of credit allowed the 28 taxpayer with respect to a certified historic structure under subsection 29 (a)(2) of section 47 of the federal internal revenue code with respect 30 to a certified historic structure located within the state. Provided, 31 however, the credit shall not exceed one hundred thousand dollars. 32 S 4. Subparagraph (A) of paragraph (1) of subdivision (y) of section 33 1511 of the tax law, as added by chapter 472 of the laws of 2010, is 34 amended to read as follows: 35 (A) For taxable years beginning on or after January first, two thou- 36 sand ten and before January first, two thousand fifteen, a taxpayer 37 shall be allowed a credit as hereinafter provided, against the tax 38 imposed by this article, in an amount equal to one hundred percent of 39 the amount of credit allowed the taxpayer with respect to a certified 40 historic structure under subsection (a)(2) of section 47 of the federal 41 internal revenue code with respect to a certified historic structure 42 located within the state. Provided, however, the credit shall not exceed 43 [five] TWELVE million dollars. For taxable years beginning on or after 44 January first, two thousand fifteen, a taxpayer shall be allowed a cred- 45 it as hereinafter provided, against the tax imposed by this article, in 46 an amount equal to thirty percent of the amount of credit allowed the 47 taxpayer with respect to a certified historic structure under subsection 48 (a)(2) of section 47 of the federal internal revenue code with respect 49 to a certified historic structure located within the state. Provided, 50 however, the credit shall not exceed one hundred thousand dollars. 51 S 5. This act shall take effect immediately and shall apply to taxable 52 years beginning on and after January 1, 2012.