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S07409 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7409
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                   September 29, 2021
                                       ___________
 
        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules
 
        AN ACT to amend the tax law, in relation to establishing an  alternative
          wiring tax credit
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The tax law is amended by adding a new section 47  to  read
     2  as follows:
     3    § 47. Alternative wiring tax credit. (a) Allowance of credit. An indi-
     4  vidual  taxpayer  shall  be  allowed a credit against the tax imposed by
     5  this article if such taxpayer replaces any aluminum wiring  in  a  resi-
     6  dence owned by such taxpayer with an alternative wiring material.
     7    (b)  Amount  of credit. The amount of credit, allowable for up to five
     8  consecutive taxable years, shall be three thousand dollars per  year.  A
     9  taxpayer  may  claim such credit commencing in the first taxable year in
    10  which the taxpayer installs such alternative wiring material.
    11    (c) Definitions. For purposes of  this  section,  "alternative  wiring
    12  material"  shall  mean  any  conductive material with a lower electrical
    13  resistance and lower thermal expansion coefficient than aluminum.
    14    (d) Cross references. For application of the credit  provided  for  in
    15  this  section,  see the following provision of this chapter: article 22:
    16  section 606:  subsection (nnn).
    17    § 2. Section 606 of the tax law is amended by adding a new  subsection
    18  (nnn) to read as follows:
    19    (nnn)  Alternative  wiring  tax  credit.  (1)  Allowance  of credit. A
    20  taxpayer shall be allowed a  credit,  to  be  computed  as  provided  in
    21  section  forty-seven  of  this  chapter, against the tax imposed by this
    22  article.
    23    (2) Application of credit. If the amount of the credit  allowed  under
    24  this subsection for the taxable year exceeds the taxpayer's tax for such
    25  year, the excess shall be treated as an overpayment of tax to be credit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11946-01-1

        S. 7409                             2
 
     1  ed  or refunded in accordance with the provisions of section six hundred
     2  eighty-six of this article, provided, however, that no interest shall be
     3  paid thereon.
     4    §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
     5  of the tax law is amended by adding a  new  clause  (xlix)  to  read  as
     6  follows:

     7       (xlix) Alternative         Amount of credit under
     8       wiring credit under        subdivision fifty-eight of
     9       subsection (nnn)           section two hundred ten-B
    10    §  4. Section 210-B of the tax law is amended by adding a new subdivi-
    11  sion 58 to read as follows:
    12    58. Alternative wiring tax credit. (1) Allowance of credit. A taxpayer
    13  shall be allowed a credit, to be computed as provided in section  forty-
    14  seven of this chapter, against the tax imposed by this article.
    15    (2)  Application  of credit. The credit allowed under this subdivision
    16  for any taxable year shall not reduce the tax due for such year to  less
    17  than  the  amount  prescribed  in  paragraph  (d)  of subdivision one of
    18  section two hundred ten of this article. Provided, however, that if  the
    19  amount  of  the  credit allowable under this subdivision for any taxable
    20  year reduces the tax to such amount or if the  taxpayer  otherwise  pays
    21  tax based on the fixed dollar minimum amount, the excess shall be treat-
    22  ed  as  an  overpayment  of tax to be credited or refunded in accordance
    23  with the provisions of section one thousand eighty-six of this  chapter.
    24  Provided, further, the provisions of subsection (c) of section one thou-
    25  sand  eighty-eight of this chapter notwithstanding, no interest shall be
    26  paid thereon.
    27    § 5. This act shall take effect immediately and shall apply to taxable
    28  years beginning on and after January 1, 2022.
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