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S09625 Summary:

BILL NOS09625
 
SAME ASNo Same As
 
SPONSORRYAN C
 
COSPNSRCOMRIE, FERNANDEZ, JACKSON, MAY
 
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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S09625 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9625
 
                    IN SENATE
 
                                     March 30, 2026
                                       ___________
 
        Introduced  by  Sens.  C. RYAN,  COMRIE, FERNANDEZ, JACKSON, MAY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Commerce, Economic Development and Small Business
 
        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  amended  by
     6  section  4  of  part  J of chapter 59 of the laws of 2025, is amended to
     7  read as 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  and  shall  be  based  on  the certificates of tax credit issued to
    14  eligible businesses owned by the taxpayer or by an entity of  which  the
    15  taxpayer  is  a partner or shareholder.  Notwithstanding that a taxpayer
    16  is not subject to tax under article nine-A or article twenty-two of this
    17  chapter, if the taxpayer is a corporation to which article  one  of  the
    18  not-for-profit  corporation  law  applies,  or  a public television or a
    19  radio corporation under section two hundred thirty-six of the  education
    20  law,  it  shall  be  allowed  a  credit against the tax provided in this
    21  section. A taxpayer that is a partner in  a  partnership,  member  of  a
    22  limited  liability  company or shareholder in a subchapter S corporation
    23  shall be allowed its pro-rata share of the credit allowed for the  part-
    24  nership,  limited liability company or subchapter S corporation. No cost
    25  or expense paid or incurred that is included as part of the  calculation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11212-05-6

        S. 9625                             2
 
     1  of  this credit shall be the basis of any other tax credit allowed under
     2  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, 2027.
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