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A08225 Summary:

BILL NOA08225
 
SAME ASSAME AS S01691
 
SPONSORLawler
 
COSPNSRBrabenec
 
MLTSPNSR
 
Amd 208 & 612, Tax L
 
Relates to authorizing small business tax-deferred savings accounts for the purpose of improving facilities of such business and for procurement of machinery or equipment.
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A08225 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8225
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 25, 2021
                                       ___________
 
        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Ways and Means
 
        AN  ACT to amend the tax law, in relation to authorizing the creation of
          small business tax-deferred savings accounts
 
          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 9 of section 208 of the tax
     2  law is amended by adding a new subparagraph 27 to read as follows:
     3    (27) any deposit made by a small business as defined  in  section  one
     4  hundred thirty-one of the economic development law into a small business
     5  tax-deferred  savings  account  maintained  by a banking organization as
     6  defined in subdivision eleven of section two  of  the  banking  law  and
     7  established  for  the purposes of improving the facilities of such busi-
     8  ness or for procurement of machinery or equipment or any interest earned
     9  on any small business tax-deferred savings account.
    10    § 2. Subdivision 9 of section 208 of the tax law is amended by  adding
    11  a new paragraph (c-4) to read as follows:
    12    (c-4)  Entire  net  income  shall  include any withdrawal exclusive of
    13  interest income made by a small  business  as  defined  in  section  one
    14  hundred thirty-one of the economic development law from a small business
    15  tax-deferred  savings  account  maintained  by a banking organization as
    16  defined in subdivision eleven of section two  of  the  banking  law  and
    17  established  for  the purposes of improving the facilities of such busi-
    18  ness or for procurement of machinery or equipment and an additional  ten
    19  percent  of  any withdrawals exclusive of interest income from the small
    20  business tax-deferred savings account not used for improving the facili-
    21  ties of such business or for procurement of machinery or equipment.
    22    § 3. Subsection (b) of section 612 of the tax law is amended by adding
    23  a new paragraph 43 to read as follows:
    24    (43) Any withdrawal exclusive of interest income made by a small busi-
    25  ness as defined in section one hundred thirty-one of the economic devel-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04066-01-1

        A. 8225                             2
 
     1  opment law from a small business tax-deferred savings account maintained
     2  by a banking organization as defined in subdivision  eleven  of  section
     3  two of the banking law and established for the purposes of improving the
     4  facilities of such business or for procurement of machinery or equipment
     5  and  an  additional ten percent of any withdrawals exclusive of interest
     6  income from the small business tax-deferred savings account not used for
     7  improving the facilities of such business or for procurement of  machin-
     8  ery or equipment.
     9    § 4. Subsection (c) of section 612 of the tax law is amended by adding
    10  a new paragraph 44 to read as follows:
    11    (44)  Any  deposit  made by a small business as defined in section one
    12  hundred thirty-one of the economic development law into a small business
    13  tax-deferred savings account maintained by  a  banking  organization  as
    14  defined  in  subdivision  eleven  of  section two of the banking law and
    15  established for the purposes of improving the facilities of  such  busi-
    16  ness or for procurement of machinery or equipment or any interest earned
    17  on any small business tax-deferred savings account.
    18    § 5. This act shall take effect immediately and shall apply to taxable
    19  years beginning on or after January 1, 2022.
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