S04646 Summary:

BILL NOS04646
 
SAME ASSAME AS A04387
 
SPONSORKENNEDY
 
COSPNSR
 
MLTSPNSR
 
Amd §§210-B & 606, Tax L
 
Creates a small business electric energy tax credit; specifies that the amount of credit shall be equal to the product of $0.02 per kilowatt hour; sets limit of no more than 19 full-time employees in New York state; determines that if the business is located at the primary residence of a sole proprietor, the business is not eligible for the tax credit.
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S04646 Actions:

BILL NOS04646
 
02/13/2023REFERRED TO BUDGET AND REVENUE
01/03/2024REFERRED TO BUDGET AND REVENUE
05/06/2024RECOMMIT, ENACTING CLAUSE STRICKEN
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S04646 Committee Votes:

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S04646 Floor Votes:

There are no votes for this bill in this legislative session.
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S04646 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4646
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2023
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue
 
        AN ACT to amend the tax law, in relation to a  small  business  electric
          energy tax credit
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 210-B of the tax law is amended  by  adding  a  new
     2  subdivision 59 to read as follows:
     3    59.  Small business electric energy tax credit. (a) A taxpayer that is
     4  eligible under the limitations specified in paragraph (b) of this subdi-
     5  vision shall be allowed a credit against the tax imposed by  this  arti-
     6  cle.    The  amount  of  the credit shall be equal to the product of two
     7  cents per kilowatt hour for all business related  electricity  usage  at
     8  the taxpayer's primary business location.
     9    (b)  An  eligible  taxpayer  shall (i) have no more than nineteen full
    10  time equivalent employees in  New  York  state,  including  any  related
    11  members  or  affiliates, (ii) not be a sole-proprietorship if such sole-
    12  proprietor's primary business location is sited in or part of such sole-
    13  proprietor's place of residence, (iii)  not  be  certified  pursuant  to
    14  article eighteen-B of the general municipal law, and (iv) not be receiv-
    15  ing  any  allocation  or  award pursuant to any program authorized under
    16  article six of the economic development law.
    17    (c) (i) The term "business related electricity usage" shall  refer  to
    18  electrical  power  usage  used  to  further the economic activity of the
    19  taxpayer at the primary business location that is clearly delimited from
    20  any shared electrical power usage cost. (ii) The term "primary  business
    21  location"  shall mean the physical site of the taxpayer within the state
    22  of New York where the majority of the taxpayer's  economic  activity  is
    23  generated  or  coordinated  through.    (iii) The term "related members"
    24  shall have the same meaning as set forth  in  clauses  (A)  and  (B)  of
    25  subparagraph  one  of  paragraph  (o) of subdivision nine of section two
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09056-01-3

        S. 4646                             2
 
     1  hundred eight of this article, and  the  term  "affiliates"  shall  mean
     2  those  corporations  that  are  members of the same affiliated group (as
     3  defined in section fifteen hundred four of the internal revenue code) as
     4  the taxpayer.
     5    (d) The eligible usage level shall be the total kilowatt hour usage of
     6  the  taxpayer  for business related electricity usage during the taxpay-
     7  er's taxable year as verified through bills or other form of usage chart
     8  provided to the taxpayer by the  taxpayer's  electricity  power  service
     9  provider.
    10    (e)  In  no event shall the credit provided for in this subdivision be
    11  allowed in an amount which will reduce the tax payable to less than  the
    12  fixed  dollar  minimum amount prescribed in paragraph (d) of subdivision
    13  one of section two hundred ten of this article.  However, if the  amount
    14  of  credit  allowed  under this subdivision for any taxable year reduces
    15  the tax to such amount, any amount of  credit  not  deductible  in  such
    16  taxable year shall be treated as an overpayment of tax to be credited or
    17  refunded  in  accordance  with  the  provisions  of section one thousand
    18  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
    19  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    20  notwithstanding, no interest shall be paid thereon.
    21    § 2. Section 606 of the tax law is amended by adding a new  subsection
    22  (ooo) to read as follows:
    23    (ooo)  Small  business electric energy tax credit. (1) A taxpayer that
    24  is eligible under the limitations specified in  paragraph  two  of  this
    25  subsection  shall  be  allowed  a credit against the tax imposed by this
    26  article. The amount of the credit shall be equal to the product (or  pro
    27  rata share of the product in the case of a partnership) of two cents per
    28  kilowatt  hour for all business related electricity usage at the taxpay-
    29  er's primary business location.
    30    (2) An eligible taxpayer shall (i) have no  more  than  nineteen  full
    31  time  equivalent  employees  in  New  York  state, including any related
    32  members or affiliates, (ii) shall not be a sole-proprietorship  if  such
    33  sole-proprietor's  primary business location is sited in or part of such
    34  sole-proprietor's place of residence, (iii) not be certified pursuant to
    35  article eighteen-B of the general municipal law, and (iv) not be receiv-
    36  ing any allocation or award pursuant to  any  program  authorized  under
    37  article six of the economic development law.
    38    (3)  (i)  The term "business related electricity usage" shall refer to
    39  electrical power usage used to further  the  economic  activity  of  the
    40  taxpayer at the primary business location that is clearly delimited from
    41  any  shared electrical power usage cost. (ii) The term "primary business
    42  location" shall mean the physical site of the taxpayer within the  state
    43  of  New  York  where the majority of the taxpayer's economic activity is
    44  generated or coordinated through. (iii) The term "related members" shall
    45  have the same meaning as set forth in clauses (A) and  (B)  of  subpara-
    46  graph  one  of  paragraph (o) of subdivision nine of section two hundred
    47  eight of this chapter, and the term "affiliates" shall mean those corpo-
    48  rations that are members of the same affiliated  group  (as  defined  in
    49  section  fifteen  hundred  four  of  the  internal  revenue code) as the
    50  taxpayer.
    51    (4) The eligible usage level shall be the total kilowatt hour usage of
    52  the taxpayer for business related electricity usage during  the  taxpay-
    53  er's taxable year as verified through bills or other form of usage chart
    54  provided  to  the  taxpayer  by the taxpayer's electricity power service
    55  provider.

        S. 4646                             3
 
     1    (5) If the amount of credit allowed  under  this  subsection  for  any
     2  taxable  year  shall exceed the taxpayer's tax for such year, the excess
     3  shall be treated as an overpayment of tax to be credited or refunded  in
     4  accordance with the provisions of section six hundred eighty-six of this
     5  article, provided, however, that no interest shall be paid thereon.
     6    §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
     7  of the tax law is amended by adding a new clause (l) to read as follows:
     8  (l) Small business electric          Qualifying electricity usage
     9  energy tax credit                    under subdivision fifty-nine
    10  under subsection (ooo)               of section two hundred ten-B
    11    § 4. This act shall take effect immediately and shall apply to taxable
    12  years beginning on or after January 1, 2023.
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