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S05594 Text:

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

                                         5594

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     May 23, 2013
                                      ___________

       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities

       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation to establishing a credit for beer produced within the city of
         New York by a taxpayer that is registered as a distributor under arti-
         cle eighteen of the tax law

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

    1    Section 1. Section 11-503 of the administrative code of  the  city  of
    2  New York is amended by adding a new subdivision (p) to read as follows:
    3    (P)  BEER  PRODUCTION CREDIT. (1) A TAXPAYER SUBJECT TO TAX UNDER THIS
    4  CHAPTER, THAT IS REGISTERED AS A DISTRIBUTOR UNDER ARTICLE  EIGHTEEN  OF
    5  THE TAX LAW, AND THAT PRODUCES SIXTY MILLION OR FEWER GALLONS OF BEER IN
    6  THIS  STATE  IN  THE TAXABLE YEAR, SHALL BE ALLOWED A CREDIT AGAINST THE
    7  TAX IMPOSED BY THIS CHAPTER IN THE AMOUNT SPECIFIED IN PARAGRAPH TWO  OF
    8  THIS SUBDIVISION. PROVIDED, HOWEVER, THAT NO CREDIT SHALL BE ALLOWED FOR
    9  ANY  BEER  PRODUCED  IN  EXCESS OF FIFTEEN MILLION FIVE HUNDRED THOUSAND
   10  GALLONS IN THE TAXABLE YEAR.  NOTWITHSTANDING ANYTHING TO THE  CONTRARY,
   11  IF  A  PARTNERSHIP IS ALLOWED A CREDIT UNDER THIS SUBDIVISION, A PARTNER
   12  IN SUCH PARTNERSHIP SHALL NOT BE ALLOWED A CREDIT UNDER THIS SUBDIVISION
   13  FOR ANY TAXABLE YEAR THAT INCLUDES THE LAST DAY OF THE TAXABLE YEAR  FOR
   14  WHICH THE PARTNERSHIP IS ALLOWED SUCH CREDIT.
   15    (2)  THE  AMOUNT  OF THE CREDIT PER TAXPAYER PER TAXABLE YEAR FOR EACH
   16  GALLON OF BEER PRODUCED IN THE CITY OF NEW  YORK  ON  OR  AFTER  JANUARY
   17  FIRST, TWO THOUSAND FOURTEEN SHALL BE DETERMINED AS FOLLOWS:
   18    (I)  FOR  THE  FIRST FIVE HUNDRED THOUSAND GALLONS OF BEER PRODUCED IN
   19  THE CITY OF NEW YORK IN THE TAXABLE YEAR, THE CREDIT SHALL EQUAL  TWELVE
   20  CENTS PER GALLON; AND
   21    (II)  FOR  EACH GALLON OF BEER PRODUCED IN THE CITY OF NEW YORK IN THE
   22  TAXABLE YEAR IN EXCESS OF FIVE  HUNDRED  THOUSAND  GALLONS,  THE  CREDIT
   23  SHALL  EQUAL  THREE  AND EIGHTY-SIX ONE HUNDREDTHS CENTS PER GALLON. THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11248-01-3
       S. 5594                             2

    1  CREDIT ALLOWED UNDER THIS SUBDIVISION FOR  ANY  TAXABLE  YEAR  SHALL  BE
    2  TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
    3  ANCE WITH THE PROVISIONS OF SECTION 11-526 OF  THIS  CHAPTER;  PROVIDED,
    4  HOWEVER,  THAT  NOTWITHSTANDING THE PROVISIONS OF SECTION 11-528 OF THIS
    5  CHAPTER, NO INTEREST SHALL BE PAID THEREON.
    6    S 2. Section 11-604 of the administrative code of the city of New York
    7  is amended by adding a new subdivision 22 to read as follows:
    8    22. BEER PRODUCTION CREDIT. (A) A TAXPAYER SUBJECT TO TAX  UNDER  THIS
    9  SUBCHAPTER,  THAT  IS REGISTERED AS A DISTRIBUTOR UNDER ARTICLE EIGHTEEN
   10  OF THE TAX LAW, AND THAT PRODUCES SIXTY MILLION OR FEWER GALLONS OF BEER
   11  IN THIS STATE IN THE TAXABLE YEAR, SHALL BE ALLOWED A CREDIT AGAINST THE
   12  TAX IMPOSED BY THIS SUBCHAPTER IN THE AMOUNT SPECIFIED IN PARAGRAPH  (B)
   13  OF  THIS SUBDIVISION. PROVIDED, HOWEVER, THAT NO CREDIT SHALL BE ALLOWED
   14  FOR ANY BEER PRODUCED IN EXCESS OF FIFTEEN MILLION FIVE HUNDRED THOUSAND
   15  GALLONS IN THE TAXABLE YEAR. NOTWITHSTANDING ANYTHING TO  THE  CONTRARY,
   16  IF  A  PARTNERSHIP  IS ALLOWED A CREDIT UNDER SUBDIVISION (P) OF SECTION
   17  11-503 OF THIS TITLE, A TAXPAYER THAT IS A PARTNER IN  SUCH  PARTNERSHIP
   18  SHALL  NOT  BE  ALLOWED  A CREDIT UNDER THIS SUBDIVISION FOR ANY TAXABLE
   19  YEAR THAT INCLUDES THE LAST DAY OF THE TAXABLE YEAR FOR WHICH THE  PART-
   20  NERSHIP IS ALLOWED SUCH CREDIT.
   21    (B)  THE  AMOUNT  OF THE CREDIT PER TAXPAYER PER TAXABLE YEAR FOR EACH
   22  GALLON OF BEER PRODUCED IN THE CITY OF NEW  YORK  ON  OR  AFTER  JANUARY
   23  FIRST, TWO THOUSAND FOURTEEN SHALL BE DETERMINED AS FOLLOWS:
   24    (1)  FOR  THE  FIRST FIVE HUNDRED THOUSAND GALLONS OF BEER PRODUCED IN
   25  THE CITY OF NEW YORK IN THE TAXABLE YEAR, THE CREDIT SHALL EQUAL  TWELVE
   26  CENTS PER GALLON; AND
   27    (2)  FOR  EACH  GALLON OF BEER PRODUCED IN THE CITY OF NEW YORK IN THE
   28  TAXABLE YEAR IN EXCESS OF FIVE  HUNDRED  THOUSAND  GALLONS,  THE  CREDIT
   29  SHALL  EQUAL THREE AND EIGHTY-SIX ONE HUNDREDTHS CENTS PER GALLON. IN NO
   30  EVENT SHALL THE CREDIT ALLOWED UNDER THIS SUBDIVISION  FOR  ANY  TAXABLE
   31  YEAR REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED
   32  IN  CLAUSE FOUR OF SUBPARAGRAPH (A) OF PARAGRAPH E OF SUBDIVISION ONE OF
   33  THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDI-
   34  VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT,  ANY  AMOUNT
   35  OF  CREDIT  THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS
   36  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH  THE
   37  PROVISIONS  OF  SECTION  11-677 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT
   38  NOTWITHSTANDING THE PROVISIONS OF SECTION 11-679  OF  THIS  CHAPTER,  NO
   39  INTEREST SHALL BE PAID THEREON.
   40    S  3. This act shall take effect immediately, and shall apply to taxa-
   41  ble years beginning on or after January 1, 2014.
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