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A10105 Summary:

BILL NOA10105
 
SAME ASNo Same As
 
SPONSORCarroll R
 
COSPNSR
 
MLTSPNSR
 
Amd §1115, Tax L
 
Provides tax exemptions for certain receipts involving sporting events sponsored by an international federation recognized by the International Olympic Committee.
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A10105 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10105
 
                   IN ASSEMBLY
 
                                    February 2, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to providing tax exemptions for
          certain receipts involving sporting events sponsored  by  an  interna-
          tional federation recognized by the International Olympic Committee
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  the  "sporting
     2  event promotion act".
     3    §  2.  Section 1115 of the tax law is amended by adding a new subdivi-
     4  sion (mm) to read as follows:
     5    (mm) (1) For the purposes of this  subdivision,  the  following  terms
     6  shall have the following meanings:
     7    (A) "Covered event" means a multi-sport or single-sport sporting event
     8  conducted in whole or in part within New York state that:
     9    (i)  is  organized, sanctioned, or conducted pursuant to the technical
    10  rules and authority of an international  federation  recognized  by  the
    11  International  Olympic Committee or the International Paralympic Commit-
    12  tee; and
    13    (ii) is designated as a covered event by the  commissioner  of  empire
    14  state development pursuant to paragraph two of this subdivision.
    15    Provided, however, that "covered event" shall not include:
    16    (1) any event conducted primarily by, or under the commercial authori-
    17  ty  of,  a  professional  sports league or league-affiliated entity that
    18  operates a closed, franchise-based,  or  membership-guaranteed  competi-
    19  tion;
    20    (2)  any  senior  professional  sporting event conducted primarily for
    21  commercial profit, including events that provide guaranteed prize money,
    22  appearance fees, or purses in excess of thresholds  established  by  the
    23  commissioner by regulation;
    24    (3)  any  international  or  domestic world championship tournament in
    25  soccer or football commonly  known  as  a  "World  Cup,"  including  any
    26  substantially  similar  successor  or  derivative  event,  regardless of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14289-02-5

        A. 10105                            2
 
     1  whether such event is conducted by an  international  federation  recog-
     2  nized by the International Olympic Committee;
     3    (4) any event primarily promoted or conducted by a for-profit promoter
     4  involving  boxing,  mixed  martial arts, kickboxing, or any other combat
     5  sport; or
     6    (5)  any  motorsport  or  auto-racing  event,  including  competitions
     7  conducted as part of a professional racing series or championship.
     8    (B) "Covered organization" means:
     9    (i)  an international federation recognized by the International Olym-
    10  pic Committee or the International Paralympic Committee; or
    11    (ii) an organizing committee, local organizing entity, or special-pur-
    12  pose vehicle authorized or established by such federation to  plan,  bid
    13  for, stage, or deliver a covered event.
    14    (C) "Accredited person" means an athlete, coach, judge, referee, tech-
    15  nical  official,  federation  official,  team  medical staff, accredited
    16  media, accredited workforce, or other individual who is issued an  event
    17  credential  by  a  covered organizing committee for official duties at a
    18  covered event.
    19    (D) "Official use" means use that is necessary, customary, or  reason-
    20  ably related to participation in, officiating, producing, administering,
    21  or broadcasting a covered event.
    22    (E)  "Temporary  import" means tangible personal property brought into
    23  New York state for official use in a covered event and removed from  New
    24  York  state  within  one  hundred eighty days after the end date of such
    25  covered event, as determined under rules of the commissioner of taxation
    26  and finance.
    27    (2) The commissioner of empire state development, in consultation with
    28  the commissioner of taxation and finance,  shall  promulgate  rules  for
    29  designation  of  a  covered event and verification of accredited status.
    30  The commissioner shall construe this  subdivision  to  advance  interna-
    31  tional  amateur, Olympic, and Paralympic sport development and shall not
    32  designate events whose primary purpose is commercial professional enter-
    33  tainment.
    34    (3) Receipts from and the use of tangible personal property and  taxa-
    35  ble  services  purchased  for  official use in connection with a covered
    36  event shall be exempt from the tax on retail sales imposed under section
    37  eleven hundred five and the compensating use tax imposed  under  section
    38  eleven  hundred  ten of this article provided that such purchase is made
    39  by:
    40    (A) a covered organization; or
    41    (B) an accredited person, to the extent such purchase is for  official
    42  use  and  is  supported  by  documentation in the form prescribed by the
    43  commissioner.
    44    (4) The exemption in this subdivision shall include temporary  imports
    45  used  for official use in connection with a covered event, and the exer-
    46  cise of any right or power over such temporary  imports,  provided  such
    47  property  is  removed  from New York state within the time period estab-
    48  lished by rule.
    49    (5) The commissioner of taxation and finance shall:
    50    (A) prescribe an exemption certificate and an electronic  verification
    51  method for sellers and purchasers;
    52    (B)  may  require credential numbers or other credential verification;
    53  and
    54    (C) may adopt anti-fraud provisions  including  post-audit  authority,
    55  recordkeeping, and penalties for misuse.

        A. 10105                            3
 
     1    (6)  This  subdivision  shall only apply to purchases occurring within
     2  the period beginning ninety days prior to the opening day of the covered
     3  event and ending thirty days after the closing day of the covered event,
     4  or such other period as the commissioner may authorize by rule based  on
     5  event operational timelines.
     6    (7) Nothing in this subdivision shall be construed to exempt alcoholic
     7  beverages,   cannabis  products,  tobacco  products,  or  purchases  for
     8  personal consumption unrelated to official use.
     9    § 3. This act shall take effect immediately and shall apply to covered
    10  events designated on or after such effective date. Effective  immediate-
    11  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    12  necessary for the implementation of this act on its effective  date  are
    13  authorized to be made and completed on or before such effective date.
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