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S06756 Summary:

BILL NOS06756A
 
SAME ASSAME AS A07567
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRCOMRIE, FERNANDEZ, JACKSON, MAY, RYAN C
 
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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S06756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6756--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 24, 2025
                                       ___________
 
        Introduced  by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Commerce,
          Economic  Development and Small Business -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11212-02-5

        S. 6756--A                          2
 
     1  credit  allowed  for  the  partnership,  limited  liability  company  or
     2  subchapter  S  corporation.  No cost or expense paid or incurred that is
     3  included as part of the calculation of this credit shall be the basis of
     4  any other tax credit allowed under this chapter.
     5    § 3. Subparagraph 2 of subsection (ppp) of section 606 of the tax law,
     6  as  added by section 5 of part AAA of chapter 56 of the laws of 2024, is
     7  amended to read as follows:
     8    (2) Application of credit. If the amount of the credit  allowed  under
     9  this subsection for the taxable year exceeds the taxpayer's tax for such
    10  year,  or,  if the taxpayer is a corporation to which article one of the
    11  not-for-profit corporation law applies or a public television or a radio
    12  corporation under section two hundred thirty-six of the  education  law,
    13  and has no tax for the credit allowed herein to offset, the excess shall
    14  be  treated  as  an  overpayment  of  tax  to be credited or refunded in
    15  accordance with the provisions of section six hundred eighty-six of this
    16  article, provided, however, that no interest will be paid thereon.
    17    § 4. This act shall take effect immediately and  shall  apply  to  tax
    18  years commencing on and after January 1, 2026.
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