Increases tax credits for donations to food pantries made by farmers by increasing the allowable percentage of the fair market value of such donations and increasing the maximum amount of such credit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10131
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the tax law, in relation to increasing tax credits for
donations to food pantries by farmers
PURPOSE OR GENERAL IDEA OF BILL:
The legislation would increase tax credits for donations to food
pantries by New York farmers, along with increasing the tax credit
limit.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph a of subdivision 52 of section 210-B of the
tax law.
Section 2: Amends paragraph 1 of subsection n-2 of section 606 of the
tax law.
Section 3: Establishes the effective date.
JUSTIFICATION:
Since 2018, farmers in New York have received tax credits for their
donations to food pantries. According to the New York Farm Bureau, in
2023 alone, these donations totaled 8 million pounds. These efforts have
provided support to food pantries, food banks, and other emergency food
programs across the state. However, the tax credit and tax limit have
not been changed since the program began in 2018, and do not take infla-
tionary costs and production costs into account.
This legislation would increase the tax credit farmers receive along
with an increase in the tax credit limit. Increasing tax incentives
would help farmers offset the costs associated with donations including
the sorting, packaging, storing, and transporting of surplus food.
This increased tax credit is especially important as farmers are facing
rising production costs at a time when their donations are needed the
most. Incentivizing farmers' support for NY's food pantries is a win-win
for them and for the families these programs serve.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation has no fiscal implications for local government. The
fiscal implications for state government are unknown as it will depend
on the number of participants and the fair market value of qualified
donations made per taxable year.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10131
IN ASSEMBLY
February 2, 2026
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to increasing tax credits for
donations to food pantries by farmers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 52 of section 210-B of the
2 tax law, as added by section 4 of part DDD of chapter 59 of the laws of
3 2017, is amended to read as follows:
4 (a) General. In the case of a taxpayer that is an eligible farmer,
5 there shall be allowed a credit, to be computed as hereinafter provided
6 against the tax imposed by this article for taxable years beginning on
7 and after January first, two thousand [eighteen] twenty-eight. The
8 amount of the credit shall be [twenty-five] fifty percent of the fair
9 market value of the taxpayer's qualified donations made to any eligible
10 food pantry during the taxable year, not to exceed [five] ten thousand
11 dollars per taxable year. If the taxpayer is a partner in a partnership,
12 then the cap imposed by the preceding sentence shall be applied at the
13 entity level, so that the aggregate credit allowed to all partners of
14 such entity in the taxable year does not exceed [five] ten thousand
15 dollars.
16 § 2. Paragraph 1 of subsection (n-2) of section 606 of the tax law,
17 as added by section 1 of part DDD of chapter 59 of the laws of 2017, is
18 amended to read as follows:
19 (1) General. In the case of a taxpayer who is an eligible farmer,
20 there shall be allowed a credit, to be computed as hereinafter provided,
21 against the tax imposed by this article for taxable years beginning on
22 and after January first, two thousand [eighteen] twenty-eight. The
23 amount of the credit shall be [twenty-five] fifty percent of the fair
24 market value of the taxpayer's qualified donations made to any eligible
25 food pantry during the taxable year, not to exceed [five] ten thousand
26 dollars per taxable year. If the taxpayer is a partner in a partnership
27 or a shareholder of a New York S corporation, then the cap imposed by
28 the preceding sentence shall be applied at the entity level, so that the
29 aggregate credit allowed to all partners or shareholders of such entity
30 in the taxable year does not exceed [five] ten thousand dollars.
31 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14478-01-6
