A00569 Summary:

BILL NOA00569
 
SAME ASNo same as
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd SS210 & 606, Tax L
 
Establishes a tax credit for the installation of electrical outlets for charging electric cars in certain parking garages owned by condominium management associations or a cooperative housing corporations.
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A00569 Actions:

BILL NOA00569
 
01/09/2013referred to ways and means
01/08/2014referred to ways and means
06/17/2014held for consideration in ways and means
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A00569 Floor Votes:

There are no votes for this bill in this legislative session.
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A00569 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           569
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Ways and Means
 
        AN  ACT  to  amend the tax law, in relation to establishing a tax credit
          for condominium and cooperative apartment owners  that  install  elec-

          trical outlets for charging electric cars in certain parking garages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 210 of the tax law  is  amended  by  adding  a  new
     2  subdivision 46 to read as follows:
     3    46.  Credit  for  electrical  outlets  for  charging  electric cars in
     4  certain parking garages. (a) A taxpayer shall be allowed  a  credit  for
     5  taxable years beginning on or after January first, two thousand fourteen
     6  and  ending  before December thirty-first, two thousand eighteen against
     7  the tax imposed by this article for the  purchase  and  installation  of
     8  electrical  outlets  for  charging  electric  cars in the parking garage

     9  owned by a condominium management association or a  cooperative  housing
    10  corporation, if such condominium or cooperative housing is located with-
    11  in  this  state. Any taxpayer who is a member of the condominium manage-
    12  ment association or who is a tenant-stockholder in the cooperative hous-
    13  ing corporation  may  for  the  purpose  of  this  subdivision  claim  a
    14  proportionate  share  of  the  total  expense as the expenditure for the
    15  purposes of the credit attributable to his principal residence, if  such
    16  residence  is  located  within the state. The total amount of the credit
    17  shall be fifty-five percent of the expenditure  incurred  in  purchasing
    18  and installing any such system or combination thereof, but not to exceed

    19  the maximum credit of five thousand dollars.
    20    (b)  For  the  purposes of this subdivision, the following terms shall
    21  have the following meanings:
    22    (i) "electric cars" shall mean motor vehicles, as defined  by  section
    23  one  hundred  twenty-five  of  the  vehicle  and  traffic law, which are
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03089-01-3

        A. 569                              2
 
     1  propelled by electric motors using electric energy stored  in  batteries
     2  or  other  energy storage devices. For the purposes of this subdivision,

     3  "electric cars" shall not include electric personal  assistive  mobility
     4  devices  as defined by section one hundred fourteen-d of the vehicle and
     5  traffic law.
     6    (ii) "electrical outlets for charging electric cars" shall include any
     7  electrical outlets intended to  be  used  for  charging  electric  cars,
     8  including,  but  not  limited  to 120-volt outlets, 240-volt outlets and
     9  charging stations specifically manufactured for charging electric cars.
    10    (c) To the extent that a federal income  tax  credit  shall  apply  to
    11  expenditures  eligible  for  a credit under this subdivision, the credit
    12  provided in this subdivision shall be reduced so that the combined cred-
    13  it shall not exceed fifty-five percent of  such  expenditures  or  seven

    14  thousand dollars, whichever is less.
    15    (d)  If  the  amount  of credit allowable under this subdivision shall
    16  exceed the taxpayer's tax for such  year, the excess may be carried over
    17  to the following year or years and may be deducted from  the  taxpayer's
    18  tax for such year or years.
    19    (e)  If all or any part of the credit provided for under this subdivi-
    20  sion was allowed or carried over from a prior taxable year or  years,  a
    21  taxpayer  shall  reduce  the  allowable credit for additional qualifying
    22  expenditures in a subsequent tax year by the amount of the credit previ-
    23  ously allowed or carried over; provided however that a credit previously
    24  allowed or carried over from a prior taxable year or years shall not  be

    25  taken  into account in determining the allowable credit for the purchase
    26  and installation of electrical outlets for charging electric cars  in  a
    27  subsequent principal residence.
    28    (f)  For  the purpose of determining the amount of the actual expendi-
    29  ture incurred in purchasing and installing electrical outlets for charg-
    30  ing electric cars, the amount of  any  federal,  state  or  local  grant
    31  received by the taxpayer, which was used for the purchase and/or instal-
    32  lation  of such system and which was not included in the gross income of
    33  the taxpayer, shall not be taken into account.
    34    § 2. Section 606 of the tax law is amended by adding a new  subsection
    35  (g-3) to read as follows:

    36    (g-3)  Credit  for  electrical  outlets  for charging electric cars in
    37  certain parking garages. (1) A taxpayer shall be allowed  a  credit  for
    38  taxable years beginning on or after January first, two thousand fourteen
    39  and  ending  before December thirty-first, two thousand eighteen against
    40  the tax imposed by this article for the  purchase  and  installation  of
    41  electrical  outlets  for  charging  electric  cars in the parking garage
    42  owned by a condominium management association or a  cooperative  housing
    43  corporation, if such condominium or cooperative housing is located with-
    44  in  this  state. Any taxpayer who is a member of the condominium manage-
    45  ment association or who is a tenant-stockholder in the cooperative hous-

    46  ing  corporation  may  for  the  purpose  of  this  subsection  claim  a
    47  proportionate  share  of  the  total  expense as the expenditure for the
    48  purposes of the credit attributable to his principal residence, if  such
    49  residence  is  located  within the state. The total amount of the credit
    50  shall be fifty-five percent of the expenditure  incurred  in  purchasing
    51  and installing any such system or combination thereof, but not to exceed
    52  the maximum credit of five thousand dollars.
    53    (2)  For  the  purposes  of this subsection, the following terms shall
    54  have the following meanings:
    55    (i) "electric cars" shall mean motor vehicles, as defined  by  section
    56  one  hundred  twenty-five  of  the  vehicle  and  traffic law, which are

        A. 569                              3
 
     1  propelled by electric motors using electric energy stored  in  batteries
     2  or  other  energy storage devices. For the purposes of this subdivision,
     3  "electric cars" shall not include electric personal  assistive  mobility
     4  devices  as defined by section one hundred fourteen-d of the vehicle and
     5  traffic law,
     6    (ii) "electrical outlets for charging electric cars" shall include any
     7  electrical outlets intended to  be  used  for  charging  electric  cars,
     8  including,  but  not  limited  to 120-volt outlets, 240-volt outlets and
     9  charging stations specifically manufactured for charging electric cars.
    10    (3) To the extent that a federal income  tax  credit  shall  apply  to

    11  expenditures  eligible  for  a  credit under this subsection, the credit
    12  provided in this subsection shall be reduced so that the combined credit
    13  shall not exceed fifty-five percent of such expenditures or seven  thou-
    14  sand dollars, whichever is less.
    15    (4)  If  the  amount  of  credit allowable under this subsection shall
    16  exceed the taxpayer's tax for such year, the excess may be carried  over
    17  to  the  following year or years and may be deducted from the taxpayer's
    18  tax for such year or years.
    19    (5) If all  or  any  part  of  the  credit  provided  for  under  this
    20  subsection  was  allowed  or  carried  over from a prior taxable year or
    21  years, a taxpayer shall reduce the allowable credit for additional qual-

    22  ifying expenditures in a subsequent tax year by the amount of the credit
    23  previously allowed or carried  over;  provided  however  that  a  credit
    24  previously  allowed  or  carried over from a prior taxable year or years
    25  shall not be taken into account in determining the allowable credit  for
    26  the  purchase  and installation of electrical outlets for charging elec-
    27  tric cars in a subsequent principal residence.
    28    (6) For the purpose of determining the amount of the  actual  expendi-
    29  ture incurred in purchasing and installing electrical outlets for charg-
    30  ing  electric  cars,  the  amount  of  any federal, state or local grant
    31  received by the taxpayer, which was used for the purchase and/or instal-

    32  lation of such system and which was not included in the gross income  of
    33  the taxpayer, shall not be taken into account.
    34    §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    35  of the tax law is amended by adding a  new  clause  (xxxv)  to  read  as
    36  follows:
 
    37  (xxxv) Credit for                       Amount of credit
    38  electrical outlets for charging         under subdivision
    39  electric cars in certain                forty-six of section
    40  parking garages under subsection        two hundred ten
    41  (g-3)
 
    42    § 4. This act shall take effect on the one hundred twentieth day after
    43  it  shall have become a law. Effective immediately, the addition, amend-

    44  ment and/or repeal of any rule or regulation necessary for the implemen-
    45  tation of this act on its effective date is authorized to be made on  or
    46  before such date.
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