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A07567 Summary:

BILL NOA07567
 
SAME ASNo Same As
 
SPONSORWoerner
 
COSPNSRMagnarelli, Simone, Griffin, Stirpe
 
MLTSPNSR
 
Amd §492, Ec Dev L; amd §§49 & 606, Tax L
 
Includes not-for-profit corporations and public television or radio corporations in the definition of business entity; allows such entities to claim the newspaper and broadcast media jobs tax credit.
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A07567 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7567
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the economic development law, in relation to  the  defi-
          nition  of  business  entity; and to amend the tax law, in relation to
          the allowance and application of the  newspaper  and  broadcast  media
          jobs tax credit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 492 of the economic development law is  amended  by
     2  adding a new subdivision 14 to read as follows:
     3    14. "Business entity" shall include, but not be limited to, a not-for-
     4  profit corporation and a public television or radio corporation.
     5    § 2. Subdivision (a) of section 49 of the tax law, as added by section
     6  3  of  part AAA of chapter 56 of the laws of 2024, is amended to read as
     7  follows:
     8    (a) Allowance of credit. A  taxpayer  subject  to  tax  under  article
     9  nine-A  or  article twenty-two of this chapter shall be allowed a credit
    10  against such tax, pursuant to the provisions referenced  in  subdivision
    11  (e)  of  this  section.  The amount of the credit is equal to the amount
    12  determined pursuant to article twenty-seven of the economic  development
    13  law.   Notwithstanding that a taxpayer is not subject to tax under arti-
    14  cle nine-A or article twenty-two of this chapter, if the taxpayer  is  a
    15  corporation  to  which article one of the not-for-profit corporation law
    16  applies, or a public television or a radio corporation under section two
    17  hundred thirty-six of the education law, it shall be  allowed  a  credit
    18  against  the  tax provided in this section. A taxpayer that is a partner
    19  in a partnership, member of a limited liability company  or  shareholder
    20  in a subchapter S corporation shall be allowed its pro-rata share of the
    21  credit  allowed  for  the  partnership,  limited  liability  company  or
    22  subchapter S corporation. No cost or expense paid or  incurred  that  is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11212-03-5

        A. 7567                             2
 
     1  included as part of the calculation of this credit shall be the basis of
     2  any other tax credit allowed under this chapter.
     3    § 3. Subparagraph 2 of subsection (ppp) of section 606 of the tax law,
     4  as  added by section 5 of part AAA of chapter 56 of the laws of 2024, is
     5  amended to read as follows:
     6    (2) Application of credit. If the amount of the credit  allowed  under
     7  this subsection for the taxable year exceeds the taxpayer's tax for such
     8  year,  or,  if the taxpayer is a corporation to which article one of the
     9  not-for-profit corporation law applies or a public television or a radio
    10  corporation under section two hundred thirty-six of the  education  law,
    11  and has no tax for the credit allowed herein to offset, the excess shall
    12  be  treated  as  an  overpayment  of  tax  to be credited or refunded in
    13  accordance with the provisions of section six hundred eighty-six of this
    14  article, provided, however, that no interest will be paid thereon.
    15    § 4. This act shall take effect immediately and  shall  apply  to  tax
    16  years commencing on and after January 1, 2026.
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