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S01691 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 1691 2021-2022 Regular Sessions IN SENATE January 14, 2021 ___________ Introduced by Sen. GALLIVAN -- 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 authorizing the creation of small business tax-deferred savings accounts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 9 of section 208 of the tax 2 law is amended by adding a new subparagraph 27 to read as follows: 3 (27) any deposit made by a small business as defined in section one 4 hundred thirty-one of the economic development law into a small business 5 tax-deferred savings account maintained by a banking organization as 6 defined in subdivision eleven of section two of the banking law and 7 established for the purposes of improving the facilities of such busi- 8 ness or for procurement of machinery or equipment or any interest earned 9 on any small business tax-deferred savings account. 10 § 2. Subdivision 9 of section 208 of the tax law is amended by adding 11 a new paragraph (c-4) to read as follows: 12 (c-4) Entire net income shall include any withdrawal exclusive of 13 interest income made by a small business as defined in section one 14 hundred thirty-one of the economic development law from a small business 15 tax-deferred savings account maintained by a banking organization as 16 defined in subdivision eleven of section two of the banking law and 17 established for the purposes of improving the facilities of such busi- 18 ness or for procurement of machinery or equipment and an additional ten 19 percent of any withdrawals exclusive of interest income from the small 20 business tax-deferred savings account not used for improving the facili- 21 ties of such business or for procurement of machinery or equipment. 22 § 3. Subsection (b) of section 612 of the tax law is amended by adding 23 a new paragraph 43 to read as follows: 24 (43) Any withdrawal exclusive of interest income made by a small busi- 25 ness as defined in section one hundred thirty-one of the economic devel- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04066-01-1S. 1691 2 1 opment law from a small business tax-deferred savings account maintained 2 by a banking organization as defined in subdivision eleven of section 3 two of the banking law and established for the purposes of improving the 4 facilities of such business or for procurement of machinery or equipment 5 and an additional ten percent of any withdrawals exclusive of interest 6 income from the small business tax-deferred savings account not used for 7 improving the facilities of such business or for procurement of machin- 8 ery or equipment. 9 § 4. Subsection (c) of section 612 of the tax law is amended by adding 10 a new paragraph 44 to read as follows: 11 (44) Any deposit made by a small business as defined in section one 12 hundred thirty-one of the economic development law into a small business 13 tax-deferred savings account maintained by a banking organization as 14 defined in subdivision eleven of section two of the banking law and 15 established for the purposes of improving the facilities of such busi- 16 ness or for procurement of machinery or equipment or any interest earned 17 on any small business tax-deferred savings account. 18 § 5. This act shall take effect immediately and shall apply to taxable 19 years beginning on or after January 1, 2022.