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A00497 Summary:

BILL NOA00497
 
SAME ASSAME AS S02128
 
SPONSORWoerner
 
COSPNSRRivera, Thiele, Schimminger, Garbarino, Friend, Crouch, Raia, Arroyo, Skoufis, Barrett, Lupinacci, Ra, DiPietro, Palumbo, Palmesano, Hawley
 
MLTSPNSRBlake, Cook, McDonough, McLaughlin, Simon
 
Amd 606, 210 & 612, Tax L
 
Establishes the venison donation tax credit.
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A00497 Actions:

BILL NOA00497
 
01/09/2017referred to ways and means
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A00497 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A497
 
SPONSOR: Woerner (MS)
  TITLE OF BILL: An act to amend the tax law, in relation to establish- ing the venison donation tax credit   PURPOSE: This legislation would create a venison donation tax credit.   SUMMARY OF PROVISIONS: Amends section 606 of the tax law to create a new venison donation tax credit.   JUSTIFICATION: This legislation would provide a refundable tax credit to hunters who donate their entire deer harvest to their local food bank. It would also exclude income received from meat processing facilities for processing venison for food banks from state income tax. The goal of this legis- lation is to increase the amount of venison donated to food banks to feed those New Yorkers in need of a meal. Venison meat is one of the leanest and healthiest forms of animal protein and it is highly desired by food banks. At the same time, deer populations in various areas of the state are too dense because hunters do not desire to take as many deer as are required to better control population densities. According to the DEC, while hunters can receive as many as five or more deer tags each year, the hunters on average only desire to take 1.2 deer per season. A major reason for this low harvest rate is that few hunters wish to consume the meat of five deer annually. Providing a significant tax credit will provide a needed incentive for hunters to take more deer. Even if this program is incredibly successful, the cost of this program will be manageable. For example, tripling venison donations to food banks would result in only $720,000 of tax credits (assuming DEC sets a $3 per pound tax credit).   LEGISLATIVE HISTORY: 2015-16: A.7166A - Referred to Committee on Ways & Means   FISCAL IMPLICATIONS;: To be determined.   EFFECTIVE DATE: This act shall take effect immediately, and shall apply to all taxable years beginning on and after January 1, 2017.
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A00497 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           497
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by M. of A. WOERNER, RIVERA, THIELE, SCHIMMINGER, GARBARINO,
          FRIEND, SALADINO, CROUCH, RAIA, LOPEZ, ARROYO, SKOUFIS, BARRETT, LUPI-
          NACCI, RA, DiPIETRO, PALUMBO, PALMESANO, HAWLEY -- Multi-Sponsored  by
          --  M.  of A.   BLAKE, COOK, McDONOUGH, McLAUGHLIN, SIMON -- read once
          and referred to the Committee on Ways and Means

        AN ACT to amend the tax law, in relation  to  establishing  the  venison
          donation tax credit
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (ccc) to read as follows:
     3    (ccc) Venison donation tax credit. (1) Allowance of credit. A taxpayer
     4  who  provides deer to a nonprofit organization for the purposes of veni-
     5  son donation shall be allowed a credit, to be computed  as  provided  in
     6  paragraph  two of this subsection, against the tax imposed by this arti-
     7  cle. To qualify for the credit provided in this section, a taxpayer must
     8  donate a deer to a nonprofit  organization  in  its  entirety  provided,
     9  however,  that  such  taxpayer may retain the head, neck, antlers, hides
    10  and/or hooves of such deer.
    11    (2) Amount of credit. The amount of credit shall equal the  number  of
    12  adult  deer  donated, multiplied by the weight of such deer which in all
    13  cases shall be deemed  forty-five  pounds,  multiplied  further  by  the
    14  donated  venison  price.  The  department  of environmental conservation
    15  shall annually determine the donated venison  price  on  or  before  the
    16  first  day  of  August.  The donated venison price shall be within fifty
    17  percent of the total determined by subtracting  the  average  processing
    18  cost  per  pound  charged  by meat processing facilities from the market
    19  price for ground beef provided, however,  that  in  no  case  shall  the
    20  donated venison price be less than one dollar and fifty cents per pound.
    21    (3)  Application  of credit. If the amount of the credit allowed under
    22  this subsection for any taxable year shall exceed the taxpayer's tax for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00233-01-7

        A. 497                              2
 
     1  such year, the excess shall be treated as an overpayment of  tax  to  be
     2  credited  or  refunded  in accordance with the provisions of section six
     3  hundred eighty-six of this article, provided, however, that no  interest
     4  shall be paid thereon.
     5    §  2.  Paragraph (a) of subdivision 1 of section 210 of the tax law is
     6  amended by adding a new subparagraph (x) to read as follows:
     7    (x) In computing the business income base, a taxpayer which is a  meat
     8  processing  facility shall be allowed a deduction equal to the amount of
     9  any income received from a nonprofit organization in exchange for  proc-
    10  essing venison.
    11    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    12  a new paragraph 42 to read as follows:
    13    (42)  The  amount of any income received from a nonprofit organization
    14  in exchange for processing venison.
    15    § 4. This act shall take effect immediately and  shall  apply  to  all
    16  taxable years beginning on and after January 1, 2018.
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