|SAME AS||SAME AS S02128|
|COSPNSR||Rivera, Thiele, Schimminger, Garbarino, Friend, Saladino, Crouch, Raia, Lopez, Arroyo, Skoufis, Barrett, Lupinacci, Ra, DiPietro, Palumbo, Palmesano, Hawley|
|MLTSPNSR||Blake, Cook, McDonough, McLaughlin, Simon|
|Amd §§606, 210 & 612, Tax L|
|Establishes the venison donation tax credit.|
|01/09/2017||referred to ways and means|
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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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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. LBD00233-01-7A. 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.