STATE OF NEW YORK
________________________________________________________________________
6309--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
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Introduced by M. of A. SCHIMMINGER, STIRPE, WALLACE, D'URSO, THIELE,
ORTIZ, MOSLEY, WOERNER, MALLIOTAKIS, BRABENEC, McDONOUGH, HAWLEY,
MONTESANO, STERN, JONES, RA, PALUMBO, PHEFFER AMATO, CROUCH, LiPETRI,
LUPARDO, TAGUE, SMITH, SAYEGH, B. MILLER, GRIFFIN, CUSICK -- read once
and referred to the Committee on Ways and Means -- recommitted to the
Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the tax law, in relation to the business income base
rate and expanding the small business subtraction modification
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iv) of paragraph (a) of subdivision 1 of
2 section 210 of the tax law, as amended by section 12 of part A of chap-
3 ter 59 of the laws of 2014, is amended to read as follows:
4 (iv) (A) for taxable years beginning before January first, two thou-
5 sand sixteen, if the business income base is not more than two hundred
6 ninety thousand dollars the amount shall be six and one-half percent of
7 the business income base; if the business income base is more than two
8 hundred ninety thousand dollars but not over three hundred ninety thou-
9 sand dollars the amount shall be the sum of (1) eighteen thousand eight
10 hundred fifty dollars, (2) seven and one-tenth percent of the excess of
11 the business income base over two hundred ninety thousand dollars but
12 not over three hundred ninety thousand dollars and (3) four and thirty-
13 five hundredths percent of the excess of the business income base over
14 three hundred fifty thousand dollars but not over three hundred ninety
15 thousand dollars;
16 (B) for taxable years beginning on or after January first, two thou-
17 sand twenty-one, if the business income base is not more than two
18 hundred ninety thousand dollars the amount shall be four percent of the
19 business income base; if the business income base is more than two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08516-03-0
A. 6309--A 2
1 hundred ninety thousand dollars but not over three hundred ninety thou-
2 sand dollars the amount shall be the sum of (1) eleven thousand six
3 hundred dollars, (2) six and one-half percent of the excess of the busi-
4 ness income base over two hundred ninety thousand dollars but not over
5 three hundred ninety thousand dollars and (3) eighteen and thirteen
6 hundredths percent of the excess of the business income base over three
7 hundred fifty thousand dollars but not over three hundred ninety thou-
8 sand dollars;
9 § 2. Paragraph 39 of subsection (c) of section 612 of the tax law, as
10 added by section 1 of part Y of chapter 59 of the laws of 2013, is
11 amended to read as follows:
12 (39) (A) In the case of a taxpayer who is a small business or a
13 taxpayer who is a member, partner, or shareholder of a limited liability
14 company, partnership, or New York S corporation, respectively, that is a
15 small business, who or which has business income and/or farm income as
16 defined in the laws of the United States, an amount equal to [three]
17 fifteen percent of the net items of income, gain, loss and deduction
18 attributable to such business or farm entering into federal adjusted
19 gross income, but not less than zero[, for taxable years beginning after
20 two thousand thirteen, an amount equal to three and three-quarters
21 percent of the net items of income, gain, loss and deduction attribut-
22 able to such business or farm entering into federal adjusted gross
23 income, but not less than zero, for taxable years beginning after two
24 thousand fourteen, and an amount equal to five percent of the net items
25 of income, gain, loss and deduction attributable to such business or
26 farm entering into federal adjusted gross income, but not less than
27 zero, for taxable years beginning after two thousand fifteen].
28 (B) (i) For the purposes of this paragraph, the term small business
29 shall mean: (I) a sole proprietor [or a farm business] who employs one
30 or more persons during the taxable year and who has net business income
31 or net farm income of less than two hundred fifty thousand dollars, or
32 (II) a limited liability company, partnership or New York S corporation
33 that during the taxable year employs one or more persons and has New
34 York gross business income attributable to a non-farm business that is
35 greater than zero but less than one million five hundred thousand
36 dollars or net farm income attributable to a farm business that is
37 greater than zero but less than two hundred fifty thousand dollars.
38 (ii) For purposes of this paragraph, the term New York gross business
39 income shall mean: (I) in the case of a limited liability company or a
40 partnership New York source gross income as defined in subparagraph (B)
41 of paragraph three of subsection (c) of section six hundred fifty-eight
42 of this article, and, (II) in the case of a New York S corporation, New
43 York receipts included in the numerator of the apportionment factor
44 determined under section two hundred ten-A of this chapter for the taxa-
45 ble year.
46 (C) To qualify for this modification in relation to a non-farm small
47 business that is a limited liability company, partnership or New York S
48 corporation, the taxpayer's income attributable to the net business
49 income from its ownership interests in non-farm limited liability compa-
50 nies, partnerships or New York S corporations must be less than two
51 hundred fifty thousand dollars.
52 § 3. This act shall take effect immediately and shall apply to taxable
53 years beginning on or after January 1, 2021.