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A01470 Summary:

BILL NOA01470
 
SAME ASNo Same As
 
SPONSORCrouch
 
COSPNSRGiglio, Lopez
 
MLTSPNSRGoodell
 
Amd 1115, Tax L
 
Exempts ski resorts from sales tax on equipment that is used in the operation of the business and from sales tax on electricity used in the operation of the business.
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A01470 Actions:

BILL NOA01470
 
01/12/2017referred to ways and means
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A01470 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1470
 
SPONSOR: Crouch (MS)
  TITLE OF BILL: An act to amend the tax law, in relation to exempting ski resorts from sales tax on equipment that is used in the operation of the business and from sales tax on electricity used in the operation of the business   PURPOSE OR GENERAL IDEA OF BILL: To provide sales tax relief on operational expenses and electrical use for ski resorts.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 44 to read as follows: (44) (i) Machinery, equipment and other tangible personal property spec- ified herein, sold to a person or entity operating a ski resort located in this state for use at such ski resort, where such property: (A) will be located at or installed in a facility or structure which is a part of the ski resort; (B) is required for and directly related to the provision of services by the operator of the ski resort; (C) is not purchased by the operator of the purpose of re-sale. (ii) Receipts from the retail sale of the tangible personal property exempt pursuant to subparagraph (i) of this paragraph if purchased by an operator of a ski resort, shall be exempt when purchased by a contrac- tor, subcontractor or repairman for use as described in such subpara- graph (i), where such property is to become a capital improvement to real property. (iii) In order to receive the exemption provided for under this para- graph, the operator of the ski resort or a contractor, subcontractor or repairman as provided in subparagraph (ii) of this paragraph shall furnish to the vendor of the exempt property a certificate in such form and containing such information as may be prescribed by the commission- er. § 2. Subdivision (c) of section 1115 of the tax law is amended by adding a new paragraph 3 to read as follows: (3) Electricity of whatever nature for use or consumption directly and exclusively in the operation of a ski resort shall be exempt from the taxes imposed under subdivisions (a) and (b) of section eleven hundred five and the compensating use tax imposed under section eleven hundred ten of this article. § 3. Establishes the effective date.   JUSTIFICATION: In order to encourage economic investment and prosperity in New York State, we need to provide the highest level of assistance and service to our privately owned ski resorts who seek to promote business and tour- ism. A sales tax exemption would provide such entities with a break in their operating expenses and would thereby assist financially in their efforts to carry out their programs and services. Additionally, the exemption would level the playing field with the state run resorts that already do not pay these taxes; also there are many businesses that do not have to pay sales tax in relation to operational costs of their respective business.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect January 1, 2018 and shall apply to all tax years commencing on or after such effective date.
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A01470 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1470
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. CROUCH, GIGLIO, LOPEZ -- Multi-Sponsored by -- M.
          of  A.  GOODELL -- read once and referred to the Committee on Ways and
          Means
 
        AN ACT to amend the tax law, in relation to exempting ski  resorts  from
          sales  tax  on equipment that is used in the operation of the business
          and from sales tax on electricity used in the operation of  the  busi-
          ness
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
     2  by adding a new paragraph 44 to read as follows:
     3    (44)  (i)  Machinery,  equipment  and other tangible personal property
     4  specified herein, sold to a person or  entity  operating  a  ski  resort
     5  located  in  this state for use at such ski resort, where such property:
     6  (A) will be located at or installed in a facility or structure which  is
     7  a  part  of  the ski resort; (B) is required for and directly related to
     8  the provision of services by the operator of the ski resort; and (C)  is
     9  not  purchased  by  the  operator  of  the ski resort for the purpose of
    10  re-sale.
    11    (ii) Receipts from the retail sale of the tangible  personal  property
    12  exempt pursuant to subparagraph (i) of this paragraph if purchased by an
    13  operator  of  a ski resort, shall be exempt when purchased by a contrac-
    14  tor, subcontractor or repairman for use as described  in  such  subpara-
    15  graph  (i),  where  such  property is to become a capital improvement to
    16  real property.
    17    (iii) In order to receive the exemption provided for under this  para-
    18  graph,  the operator of the ski resort or a contractor, subcontractor or
    19  repairman as provided in  subparagraph  (ii)  of  this  paragraph  shall
    20  furnish  to the vendor of the exempt property a certificate in such form
    21  and containing such information as may be prescribed by the  commission-
    22  er.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04407-01-7

        A. 1470                             2
 
     1    §  2.  Subdivision  (c)  of  section 1115 of the tax law is amended by
     2  adding a new paragraph 3 to read as follows:
     3    (3) Electricity of whatever nature for use or consumption directly and
     4  exclusively  in  the  operation of a ski resort shall be exempt from the
     5  taxes imposed under subdivisions (a) and (b) of section  eleven  hundred
     6  five  and  the compensating use tax imposed under section eleven hundred
     7  ten of this article.
     8    § 3. This act shall take effect January 1, 2018 and shall apply to all
     9  tax years commencing on or after such effective date.
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