New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A10584 Summary:

A10584 Actions:

A10584 Committee Votes:

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/16/2016AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Excused

Committee:RULES   Chair:Heastie      
DATE:06/16/2016AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10584 Floor Votes:

A10584 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10584
 
                   IN ASSEMBLY
 
                                      June 7, 2016
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  --  (at  request of M. of A. Moya,
          Palmesano) -- read once and referred to  the  Committee  on  Ways  and
          Means
 
        AN  ACT to amend the tax law, in relation to a credit for donations to a
          food bank or other emergency food program by New York state farmers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  606  of  the  tax law is amended by adding a new
     2  subsection (n-2) to read as follows:
     3    (n-2) Credit for  farm  donations  to  food  bank  or  emergency  food
     4  program. (1) General. In the case of a taxpayer who is an eligible farm-
     5  er,  there  shall  be  allowed  a  credit, to be computed as hereinafter
     6  provided against the tax imposed by this article for  taxable  years  on
     7  and after January first, two thousand seventeen. The amount of the cred-
     8  it  shall be twenty-five percent of the wholesale cost of the taxpayer's
     9  qualified donations, as defined in paragraph three of  this  subsection,
    10  made  to  any  food  bank  or other public, charitable or not-for-profit
    11  emergency food program operating within this state, up to five  thousand
    12  dollars per year.
    13    (2) Eligible farmer. For purposes of this subsection, the term "eligi-
    14  ble farmer" means a New York state resident taxpayer whose federal gross
    15  income  from  farming  for  the  taxable  year is at least two-thirds of
    16  excess federal gross income.  Excess  federal  gross  income  means  the
    17  amount  of  federal  gross  income from all sources for the taxable year
    18  reduced by the sum (not to exceed  thirty  thousand  dollars)  of  those
    19  items  included  in  federal  gross  income  which consist of (i) earned
    20  income, (ii) pension payments, including social security payments, (iii)
    21  interest, and (iv) dividends. For purposes of this paragraph,  the  term
    22  "earned  income"  shall  mean  wages,  salaries, tips and other employee
    23  compensation, and those items of gross income which  are  includible  in
    24  the  computation  of net earnings from self-employment. For the purposes
    25  of  this  paragraph,  payments  from  the  state's  farmland  protection
    26  program,  administered  by  the  department  of agriculture and markets,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15365-02-6
        A. 10584                            2
 
     1  shall be included as federal gross income  from  farming  for  otherwise
     2  eligible farmers.
     3    (3)  Qualified  donation.  For  purposes  of this subsection, the term
     4  "qualified donation" means a donation of any fresh food  item  grown  or
     5  produced  by  an  eligible farmer to a food bank or other emergency food
     6  program operating within this state.
     7    (4) Application of credit. The credit allowed  under  this  subsection
     8  for  any  taxable year will not reduce the tax due for such year to less
     9  than the minimum tax fixed by this article.  However, if the  amount  of
    10  credit  allowed  under  this subsection for any taxable year reduces the
    11  tax to such amount, any amount of credit thus  not  deductible  in  such
    12  taxable  year will be treated as an overpayment of tax to be credited or
    13  refunded in accordance with  the  provisions  of  section  one  thousand
    14  eighty-six  of  this  chapter.    Provided,  however,  the provisions of
    15  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    16  notwithstanding, no interest will be paid thereon.
    17    §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    18  of the tax law is amended by adding a new  clause  (xliii)  to  read  as
    19  follows:
    20  (xliii) Farm donations to food       Amount of credit under
    21  bank or emergency food program       subdivision fifty-two
    22  credit under subsection (n-2)        of section two hundred
    23                                       ten-B
    24    §  3. Section 210-B of the tax law is amended by adding a new subdivi-
    25  sion 52 to read as follows:
    26    52. Credit for farm donations to food bank or emergency food  program.
    27  (a)  General. In the case of a taxpayer who is an eligible farmer, there
    28  shall be allowed a  credit,  to  be  computed  as  hereinafter  provided
    29  against  the  tax imposed by this article for taxable years beginning on
    30  and after January first, two thousand seventeen. The amount of the cred-
    31  it shall be twenty-five percent of the wholesale cost of the  taxpayer's
    32  qualified  donations,  as  defined in paragraph (c) of this subdivision,
    33  made to any food bank or  other  public,  charitable  or  not-for-profit
    34  emergency  food program operating within this state, up to five thousand
    35  dollars during the taxable year.
    36    (b) Eligible farmer.  For  purposes  of  this  subdivision,  the  term
    37  "eligible farmer" means a New York state resident taxpayer whose federal
    38  gross income from farming for the taxable year is at least two-thirds of
    39  excess  federal  gross  income.  Excess  federal  gross income means the
    40  amount of federal gross income from all sources  for  the  taxable  year
    41  reduced  by  the  sum  (not  to exceed thirty thousand dollars) of those
    42  items included in federal gross  income  which  consist  of  (i)  earned
    43  income, (ii) pension payments, including social security payments, (iii)
    44  interest,  and  (iv) dividends. For purposes of this paragraph, the term
    45  "earned income" shall mean wages,  salaries,  tips  and  other  employee
    46  compensation,  and  those  items of gross income which are includible in
    47  the computation of net earnings from self-employment. For  the  purposes
    48  of  this  paragraph,  payments  from  the  state's  farmland  protection
    49  program, administered by the  department  of  agriculture  and  markets,
    50  shall  be  included  as  federal gross income from farming for otherwise
    51  eligible farmers.
    52    (c) Qualified donation. For purposes of  this  subdivision,  the  term
    53  "qualified  donation"  means  a donation of any fresh food item grown or
    54  produced by an eligible farmer to a food bank or  other  emergency  food
    55  program operating within this state.
        A. 10584                            3

     1    (d)  Application  of credit. The credit allowed under this subdivision
     2  for any taxable year will not reduce the tax due for such year  to  less
     3  than  the  minimum tax fixed by this article.  However, if the amount of
     4  credit allowed under this subdivision for any taxable year  reduces  the
     5  tax  to  such  amount,  any amount of credit thus not deductible in such
     6  taxable year will be treated as an overpayment of tax to be credited  or
     7  refunded  in  accordance  with  the  provisions  of section one thousand
     8  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of
     9  subsection  (c)  of  section  one  thousand eighty-eight of this chapter
    10  notwithstanding, no interest will be paid thereon.
    11    § 4. The department of agriculture and markets,  in  conjunction  with
    12  the  department  of  taxation  and  finance, shall establish an accepted
    13  wholesale price of the taxpayer's qualified donations and promulgate any
    14  necessary rules and regulations.
    15    § 5. This act shall take effect on January 1, 2017 and shall apply  to
    16  taxable years beginning on or after such date.