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

                                  6189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M. of A. TEDISCO, RAIA -- Multi-Sponsored by -- M. of A.
  BARCLAY, HAWLEY -- read once and referred to the Committee on Ways and
  Means

AN ACT to amend the tax law, in relation to providing a tax  credit  for
  qualified expenses relating to healthy living

  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 (vv) to read as follows:
  (VV)  HEALTHY LIVING CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A CREDIT,
TO BE COMPUTED AS PROVIDED IN THIS SUBSECTION, AGAINST THE  TAX  IMPOSED
PURSUANT  TO  SECTION SIX HUNDRED ONE OF THIS PART. THE AMOUNT OF CREDIT
SHALL EQUAL, UP TO ONE THOUSAND DOLLARS, THE AMOUNT PAID BY THE TAXPAYER
DURING THE TAXABLE YEAR  FOR  QUALIFIED  EXPENSES  RELATING  TO  HEALTHY
LIVING.
  (2)  FOR THE PURPOSES OF THIS SUBSECTION, "QUALIFIED EXPENSES RELATING
TO HEALTHY LIVING" SHALL MEAN EXPENSES RELATING TO THE PURCHASE OF EXER-
CISE EQUIPMENT, AND THE COST OF MEMBERSHIP AT A  GYM  OR  OTHER  SIMILAR
FACILITY,  OR  OTHER CLASS INVOLVING PHYSICAL ACTIVITY INCLUDING BUT NOT
LIMITED TO SPORTS, DANCE, OR MARTIAL ARTS, AND OTHER EXPENSES AS  DETER-
MINED BY THE COMMISSIONER TO BE EXPENSES RELATING TO HEALTHY LIVING.
  (3)  A TAXPAYER WHO IS A PARENT OR LEGAL GUARDIAN, OR ANOTHER TAXPAYER
FILING A JOINT INDIVIDUAL INCOME TAX RETURN WITH SUCH TAXPAYER, WHO PAID
FOR QUALIFIED EXPENSES RELATING TO HEALTHY LIVING FOR HIS OR  HER  CHILD
SHALL BE ALLOWED A TAX CREDIT PURSUANT TO THIS SUBSECTION.
  (4)  IN  NO  EVENT  SHALL  THE  AMOUNT  OF THE CREDIT PROVIDED BY THIS
SUBSECTION EXCEED THE TAXPAYER'S TAX FOR THE TAXABLE YEAR.  HOWEVER,  IF
THE AMOUNT OF CREDIT OTHERWISE ALLOWABLE PURSUANT TO THIS SUBSECTION FOR
ANY TAXABLE YEAR RESULTS IN SUCH EXCESS AMOUNT, ANY AMOUNT OF CREDIT NOT
DEDUCTIBLE  IN  SUCH  TAXABLE  YEAR MAY BE CARRIED OVER TO THE FOLLOWING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05771-01-3

              

A. 6189                             2

YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
OR YEARS.
  S 2. This act shall take effect immediately and shall apply to taxable
years  beginning  on  and after the first of January next succeeding the
date on which it shall have become a law.