Establishes business franchise and personal income tax credits for public safety communications surcharges paid by certain small businesses which do not have a landline telephone.
STATE OF NEW YORK
________________________________________________________________________
9825
IN ASSEMBLY
May 27, 2014
___________
Introduced by M. of A. GJONAJ -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to establishing business fran-
chise tax and personal income tax credit for the amount of the public
safety communications surcharges paid by certain taxpayers that are
small businesses
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 28 to read as follows:
3 28. Public safety communications surcharge credit. (a) Allowance of
4 credit. A taxpayer that is a small business with a permanent business
5 address within the state, for which its mobile telecommunications
6 service, as defined in paragraph twenty-four of subdivision (b) of
7 section eleven hundred one of this chapter, is the primary means of
8 contacting such small business, and such small business does not have
9 landline telephone service subject to the provisions of article five of
10 the public service law, shall be allowed a credit against the tax
11 imposed by this article equal to the sum of the public safety communi-
12 cations surcharges paid by the taxpayer as a wireless communications
13 customer during the taxable year, pursuant to section one hundred eight-
14 y-six-f of this chapter, to the extent such surcharges are related to
15 the taxpayer's small business.
16 (b) Definition. The term "small business" shall, for the purposes of
17 this subdivision, mean a business which is resident in this state, inde-
18 pendently owned and operated, not dominant in its field and employs one
19 hundred or less persons.
20 (c) Application of credit. The credit allowed under this subdivision
21 for any taxable year shall not reduce the tax due for such year to less
22 than the amount prescribed in paragraph (d) of subdivision one of
23 section two hundred ten of this article. However, if the amount of cred-
24 it allowed under this subdivision for any taxable year reduces the tax
25 to such amount or if the taxpayer otherwise pays tax based on the fixed
26 dollar minimum amount, any amount of credit thus not deductible in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15327-01-4
A. 9825 2
1 taxable year will be treated as an overpayment of tax to be credited or
2 refunded in accordance with the provisions of section one thousand
3 eighty-six of this chapter. Provided, however, the provisions of
4 subsection (c) of section one thousand eighty-eight of this chapter
5 notwithstanding, no interest will be paid thereon.
6 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
7 of the tax law is amended by adding a new clause (xli) to read as
8 follows:
9 (xli) Public safetyAmount of credit
10 communications surchargeunder subdivision
11 credit under subsectiontwenty-eighty of
12 (ccc)section two hundred ten-B
13 § 3. Section 606 of the tax law is amended by adding a new subsection
14 (ccc) to read as follows:
15 (ccc) Public safety communications surcharge credit. (1) Allowance of
16 credit. A taxpayer that owns a small business with a permanent business
17 address within the state, for which its mobile telecommunications
18 service as defined in paragraph twenty-four of subdivision (b) of
19 section eleven hundred one of this chapter, is the primary means of
20 contacting such small business, and such small business does not have
21 landline telephone service subject to the provisions of article five of
22 the public service law, shall be allowed a credit against the tax
23 imposed by this article equal to the sum of the public safety communi-
24 cations surcharges paid by the taxpayer as a wireless communications
25 customer during the taxable year, pursuant to section one hundred eight-
26 y-six-f of the chapter, to the extent such surcharges are related to the
27 taxpayer's small business.
28 (2) Definition. The term "small business" means a business which is
29 resident in the state, independently owned and operated, not dominant in
30 its field and employs one hundred or less persons.
31 (3) Application of credit. If the amount of the credit under this
32 subsection for any taxable year shall exceed the taxpayer's tax for such
33 year, the excess shall be treated as an overpayment of tax to be credit-
34 ed or refunded in accordance with the provisions of section six hundred
35 eighty-six of this article, provided, however, that no interest shall be
36 paid thereon.
37 § 4. This act shall take effect on the same date and in the same
38 manner as part A of chapter 59 of the laws of 2014, takes effect.
