S T A T E   O F   N E W   Y O R K
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    S. 2358--A                                            A. 2608--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 16, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- 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 committee

AN  ACT  to  amend the tax law, in relation to establishing a credit for
  the purchase and installation of a sun tunnel in a principal residence

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

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (g-3) to read as follows:
  (G-3) CREDIT FOR SUN TUNNEL PURCHASE AND INSTALLATION. (1) GENERAL.  A
TAXPAYER  SHALL  BE  ALLOWED  A CREDIT FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AGAINST THE  TAX  IMPOSED  BY
THIS  ARTICLE FOR THE PURCHASE AND INSTALLATION OF A SUN TUNNEL EQUAL TO
OR BELOW A U-FACTOR OF 0.30 AND SOLAR HEAT GAIN  COEFFICIENT  (SHGC)  OF
0.30  BY A TAXPAYER IN HIS OR HER PRINCIPAL RESIDENCE, IF SUCH RESIDENCE
IS LOCATED WITHIN THE STATE. THE AMOUNT OF THE CREDIT  SHALL  BE  THIRTY
PERCENT  OF  THE  EXPENDITURE  INCURRED IN PURCHASING AND INSTALLING ANY
SUCH SUN TUNNEL, BUT NOT TO EXCEED THE MAXIMUM  CREDIT  OF  ONE  HUNDRED
FIFTY DOLLARS.
  (2) QUALIFIED SUN TUNNEL EXPENDITURES.
  (A)  THE  TERM  "QUALIFIED SUN TUNNEL EXPENDITURES" MEANS EXPENDITURES
FOR THE PURCHASE OF A SUN TUNNEL, MATERIALS  AND  LABOR  COSTS  PROPERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06163-02-4
              

S. 2358--A                          2                         A. 2608--A

ALLOCABLE  TO  ON-SITE  PREPARATION, ASSEMBLY AND ORIGINAL INSTALLATION,
ARCHITECTURAL AND ENGINEERING SERVICES, AND DESIGNS AND  PLANS  DIRECTLY
RELATED TO THE INSTALLATION OF A SUN TUNNEL.
  (B)  SUCH  QUALIFIED  EXPENDITURES SHALL NOT INCLUDE INTEREST OR OTHER
FINANCE CHARGES.
  (3) MULTIPLE TAXPAYERS. WHERE A SUN TUNNEL IS PURCHASED AND  INSTALLED
IN  A PRINCIPAL RESIDENCE SHARED BY TWO OR MORE TAXPAYERS, THE AMOUNT OF
THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR EACH SUCH TAXPAYER SHALL BE
PRORATED ACCORDING TO THE PERCENTAGE OF THE TOTAL EXPENDITURE  FOR  SUCH
SUN TUNNEL CONTRIBUTED BY EACH TAXPAYER.
  (4)  WHEN  CREDIT  ALLOWED.  THE  CREDIT  PROVIDED FOR HEREIN SHALL BE
ALLOWED WITH RESPECT TO THE TAXABLE YEAR COMMENCING  IN  WHICH  THE  SUN
TUNNEL IS INSTALLED.
  (5)  CARRYOVER  OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION  FOR  ANY  TAXABLE  YEAR
SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
CARRIED  OVER  TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2014.