Senate Bill S1198

2013-2014 Legislative Session

Creates a local produce tax credit

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S1198 (ACTIVE) - Details

See Assembly Version of this Bill:
A1312
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§210 & 606, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S4889, A7509

2013-S1198 (ACTIVE) - Summary

Creates a local produce tax credit; provides that restaurants may claim the local produce tax credit in the amount of $100 for every $1,000 of local produce purchased for the restaurant; defines local produce as produce grown by a producer with the pride of NY symbol of the business claiming the local produce tax credit within NYS; requires the business to submit a report with tax returns stating the nature of the business, the name and location of the producer and the amount paid for the produce.

2013-S1198 (ACTIVE) - Sponsor Memo

2013-S1198 (ACTIVE) - Bill Text download pdf

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

                                  1198

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 creating a local produce tax
  credit

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

  Section  1.  Section  210  of  the  tax law is amended by adding a new
subdivision 46 to read as follows:
  46. LOCAL PRODUCE TAX CREDIT. (A) RESTAURANTS, TAVERNS, CAFETERIAS  OR
OTHER  BUSINESSES  ENGAGED IN THE SALE OF FOODS PREPARED AND READY TO BE
EATEN MAY CLAIM THE LOCAL PRODUCE TAX CREDIT AGAINST THE TAX IMPOSED  BY
THIS  ARTICLE  AT  THE CLOSE OF THE TAX YEAR PROVIDED, HOWEVER, THAT THE
UNUSED PORTION OF ANY TAX CREDIT CLAIMED SHALL NOT  BE  CARRIED  FORWARD
AND APPLIED IN ANOTHER TAX YEAR.
  (B)  FOR  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (1) "LOCAL PRODUCE" IS PRODUCE GROWN BY A PRODUCER WITH THE  PRIDE  OF
NEW  YORK  SYMBOL  OF THE BUSINESS CLAIMING THE LOCAL PRODUCE TAX CREDIT
WITHIN THE STATE OF NEW YORK, FROM  SEED  OR  CONCEPTION  THROUGH  FINAL
PRODUCT.
  (2)  "PRODUCER"  IS  AN  INDIVIDUAL  (WHETHER  ACTING  INDIVIDUALLY OR
THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP,  BUSINESS  ASSOCIATION,
OR  EDUCATIONAL INSTITUTION) WHO IS A FARMER, STUDENT FARMER OR MANUFAC-
TURER OF FOODS OR GOODS IN  NEW  YORK  STATE.  IT  SHALL  NOT,  HOWEVER,
INCLUDE A WHOLESALER OR DISTRIBUTOR.
  (C)  THE  AMOUNT  OF THE CREDIT SHALL BE ONE HUNDRED DOLLARS FOR EVERY
PURCHASE BY A BUSINESS CLAIMING THE LOCAL PRODUCE TAX  CREDIT  OF  LOCAL
PRODUCE FOR SALE AT THE BUSINESS IN THE AGGREGATE AMOUNT OF ONE THOUSAND
DOLLARS OR MORE.

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

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