STATE OF NEW YORK
________________________________________________________________________
5755
2023-2024 Regular Sessions
IN SENATE
March 15, 2023
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Budget and Revenue
AN ACT to amend the tax law, in relation to establishing a fine
reimbursement credit for taxpayers fined for operating a bar or
restaurant during the COVID-19 pandemic
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 (ooo) to read as follows:
3 (ooo) Fine reimbursement credit. (1) For taxable years beginning Janu-
4 ary first, two thousand twenty and ending before January first, two
5 thousand twenty-four, a taxpayer who has been levied a fine between
6 March fifteenth, two thousand twenty and April fifteenth, two thousand
7 twenty-one for a violation of executive order number two hundred two of
8 two thousand twenty or any subsequent order relating to the operation of
9 a bar or restaurant during the COVID-19 pandemic shall be allowed a
10 credit against the tax imposed by this article in the amount of such
11 fine. The commissioner of taxation and finance, in consultation with the
12 commissioners of the state liquor authority, shall have the authority to
13 promulgate any rules or regulations necessary for the processing, deter-
14 mination, and granting of credits and refunds under this subsection.
15 (2) If the amount of credit allowed under this subsection for any
16 taxable year exceeds the taxpayer's tax for the taxable year, the excess
17 shall be treated as an overpayment of tax to be credited or refunded in
18 accordance with the provisions of section six hundred eighty-six of this
19 article, provided, however, no interest will be paid thereon.
20 § 2. Section 210-B of the tax law is amended by adding a new subdivi-
21 sion 59 to read as follows:
22 59. Fine reimbursement credit. (1) For taxable years beginning January
23 first, two thousand twenty and ending before January first, two thousand
24 twenty-four, a taxpayer who has been levied a fine between March
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03900-01-3
S. 5755 2
1 fifteenth, two thousand twenty and April fifteenth, two thousand twen-
2 ty-one for a violation of executive order number two hundred two of two
3 thousand twenty or any subsequent order relating to the operation of a
4 bar or restaurant during the COVID-19 pandemic shall be allowed a credit
5 against the tax imposed by this article in the amount of such fine. The
6 commissioner of taxation and finance, in consultation with the commis-
7 sioners of the state liquor authority, shall have the authority to
8 promulgate any rules or regulations necessary for the processing, deter-
9 mination, and granting of credits and refunds under this subdivision.
10 (2) If the amount of credit allowed under this subdivision for any
11 taxable year exceeds the taxpayer's tax for the taxable year, the excess
12 shall 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 chapter, provided, however, no interest will be paid thereon.
15 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
16 of the tax law is amended by adding a new clause (l) to read as follows:
17 (l) Fine reimbursement creditAmount of credit
18 under subsection (ooo) under subdivision
19 fifty-nine of section two
20 hundred ten-b
21 § 4. This act shall take effect immediately.
