Establishes a tax credit for any equipment or product, including materials used in the construction of physical barriers, purchased by a small business doing business in this state that is directly used by such small business to comply with a COVID-19 health and safety plan.
STATE OF NEW YORK
________________________________________________________________________
6870--B
2021-2022 Regular Sessions
IN ASSEMBLY
April 13, 2021
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the tax law, in relation to establishing a tax credit
for any equipment or product purchased by a small business that is
used to comply with a COVID-19 health and safety plan
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 58 to read as follows:
3 58. Sales tax paid on materials for COVID-19 health and safety plan
4 compliance. (1) A taxpayer that is a small business shall be allowed a
5 credit for sales tax paid during the eligibility period for any equip-
6 ment or product, including materials used in the construction of phys-
7 ical barriers, including but not limited to plastic shielding walls,
8 strip curtains, cubicle walls, plexiglass or similar materials, or other
9 impermeable dividers or partitions, purchased by such small business in
10 order to be in compliance with a COVID-19 health and safety plan. The
11 eligibility period shall be the period of time beginning on May
12 fifteenth, two thousand twenty and ending with the end of the declared
13 COVID-19 state of emergency as set out pursuant to executive order two
14 hundred two of two thousand twenty and as continued in each subsequent
15 executive order.
16 (2) The credit allowed under this subdivision for any taxable year
17 shall not reduce the tax due for such year to less than the fixed dollar
18 minimum amount prescribed in paragraph (d) of subdivision one of
19 section two hundred ten of this article. However, if the amount of cred-
20 it allowed under this subdivision for any taxable year reduces the
21 tax to such amount or if the taxpayer otherwise pays tax based on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04910-05-1
A. 6870--B 2
1 fixed dollar minimum amount, any amount of credit thus not deductible
2 in such taxable year shall be treated as an overpayment of tax to be
3 credited or refunded in accordance with the provisions of section one
4 thousand eighty-six of this chapter. Provided, however, the provisions
5 of subsection (c) of section one thousand eighty-eight of this chap-
6 ter notwithstanding, no interest shall be paid thereon.
7 (3) For purposes of this subdivision, the term "small business" shall
8 mean a business with one hundred or fewer employees.
9 § 2. Section 606 of the tax law is amended by adding a new subsection
10 (nnn) to read as follows:
11 (nnn) Sales tax paid on materials for COVID-19 health and safety plan
12 compliance. (1) A taxpayer who owns a small business shall be allowed a
13 credit for sales tax paid during the eligibility period for any equip-
14 ment or product, including materials used in the construction of phys-
15 ical barriers, including but not limited to plastic shielding walls,
16 strip curtains, cubicle walls, plexiglass or similar materials, or other
17 impermeable dividers or partitions, purchased by such small business in
18 order to be in compliance with a COVID-19 health and safety plan. The
19 eligibility period shall be the period of time beginning on May
20 fifteenth, two thousand twenty and ending with the end of the declared
21 COVID-19 state of emergency as set out pursuant to executive order two
22 hundred two of two thousand twenty and as continued in each subsequent
23 executive order.
24 (2) If the amount of the credit allowed under this subsection for any
25 taxable year shall exceed the taxpayer's tax for such year, the excess
26 shall be treated as an overpayment of tax to be credited or refunded in
27 accordance with the provisions of section six hundred eighty-six of this
28 article, provided, however, that no interest shall be paid thereon.
29 (3) For purposes of this subsection, the term "small business" shall
30 mean a business with one hundred or fewer employees.
31 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
32 of the tax law is amended by adding a new clause (xlix) to read as
33 follows:
34 (xlix) Sales tax paid on materialsSales tax paid on
35 for COVID-19 health and safetymaterials for
36 plan compliance underCOVID-19 health
37 subsection (nnn)and safety plan
38 compliance under
39 subdivision fifty-eight
40 of section two
41 hundred ten-B
42 § 4. This act shall take effect immediately, and shall apply to taxa-
43 ble years beginning on and after January 1, 2021; provided that the
44 commissioner of taxation and finance shall be authorized on and after
45 the date this act shall have become a law to take steps necessary to
46 implement the provisions of this act on its effective date.
