STATE OF NEW YORK
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1651
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
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Introduced by M. of A. HAWLEY, JOHNS -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a local food and
products sourcing tax credit
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 53 to read as follows:
3 53. Local food and products sourcing tax credit. 1. Businesses subject
4 to tax liability under article nine or nine-A of this chapter may claim
5 the local foods and products sourcing tax credit against any such
6 liability at the close of the tax year provided, however, that the
7 unused portion of any tax credit claimed shall not be carried forward
8 and applied in another tax year.
9 2. For the purposes of this section the following terms shall have the
10 following meanings:
11 (a) "local products", are any products grown, raised, produced, or
12 manufactured by a producer within the state of New York, from seed or
13 conception through final product;
14 (b) "producer", is an individual (whether acting individually or
15 through a cooperative, corporation, partnership, business association,
16 or educational institution) who is a farmer, student farmer, or manufac-
17 turer of foods or goods in New York state, it shall not however include
18 a wholesaler or distributor;
19 (c) "net sales", are the total sales of the business subject to tax.
20 3. The amount of the credit shall be proscribed according to the
21 following schedule:
22 (a) twenty percent of net sales are attributed to local products the
23 credit shall be one thousand five hundred dollars.
24 (b) forty percent of net sales are attributed to local products the
25 credit shall be three thousand dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02111-01-9
A. 1651 2
1 (c) sixty percent of net sales are attributed to local products the
2 credit shall be six thousand dollars.
3 (d) eighty percent of net sales are attributed to local products the
4 credit shall be twelve thousand dollars.
5 (e) one hundred percent of net sales are attributed to local products
6 the credit shall be twenty-five thousand dollars.
7 4.(a) Businesses claiming the local food and products sourcing tax
8 credit shall submit a computer-generated report with tax returns that
9 claim a tax credit.
10 (b) Such report shall include the name of the producer and the phys-
11 ical place of the business where the products are produced.
12 (c) The amount paid by grocer or business to the producer and the
13 amount of units purchased.
14 § 2. This act shall take effect immediately. Effective immediately the
15 addition, amendment and/or repeal of any rule or regulation necessary
16 for the implementation of this act on its effective date are authorized
17 to be made on or before such date.
