Provides assistance to small businesses in the procurement and purchase of personal protective equipment for employees; directs bulk purchasing of PPE by the division for small business; provides a tax credit for the cost of such PPE to small business employers.
STATE OF NEW YORK
________________________________________________________________________
6433
2021-2022 Regular Sessions
IN ASSEMBLY
March 17, 2021
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Small Business
AN ACT to amend the economic development law and the tax law, in
relation to providing assistance to small businesses' employers in the
procurement and purchasing of personal protective equipment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 134 of the economic development law is amended by
2 adding a new subdivision 13 to read as follows:
3 13. make bulk purchases of personal protective equipment (PPE) and
4 make such PPE available, at cost, to small businesses as defined in this
5 article. For purposes of this subdivision "personal protective equipment
6 (PPE)" shall mean all equipment worn or used to minimize exposure to a
7 communicable disease, including but not limited to gloves, masks and
8 faceshields.
9 § 2. Section 210-B of the tax law is amended by adding a new subdivi-
10 sion 55 to read as follows:
11 55. Credit for the purchase of personal protective equipment (PPE) by
12 small business employers. (a) A taxpayer who is a small business, as
13 defined in section one hundred thirty-one of the economic development
14 law, shall be allowed a credit against the tax imposed by this article
15 for the purchase of personal protective equipment (PPE) for use by such
16 taxpayer's employees. The total amount of the credit shall be the cost
17 incurred in purchasing the personal protective equipment (PPE).
18 (b) For the purposes of this subdivision "personal protective equip-
19 ment (PPE)" shall mean all equipment worn or used to minimize exposure
20 to a communicable disease, including but not limited to gloves, masks
21 and faceshields.
22 (c) If the amount of credit allowable under this subdivision shall
23 exceed the taxpayer's tax for such year, the excess may be carried over
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07722-01-1
A. 6433 2
1 to the following year or years and may be deducted from the taxpayer's
2 tax for such year or years.
3 (d) If all or any part of the credit provided for under this subdivi-
4 sion was allowed or carried over from a prior taxable year or years, a
5 taxpayer shall reduce the allowable credit for additional qualifying
6 expenditures in a subsequent tax year by the amount of the credit previ-
7 ously allowed or carried over.
8 § 3. Section 606 of the tax law is amended by adding a new subsection
9 (kkk) to read as follows:
10 (kkk) Credit for the purchase of personal protective equipment (PPE)
11 by small business employers. (1) A taxpayer who is a small business, as
12 defined in section one hundred thirty-one of the economic development
13 law, shall be allowed a credit of personal protective equipment (PPE)
14 for use by such taxpayer's employees. The total amount of the credit
15 shall be the cost incurred in purchasing the personal protective equip-
16 ment (PPE).
17 (2) For the purposes of this subsection "personal protective equipment
18 (PPE)" shall mean all equipment worn or used to minimize exposure to a
19 communicable disease, including but not limited to gloves, masks and
20 faceshields.
21 (3) If the amount of credit allowable under this subsection shall
22 exceed the taxpayer's tax for such year, the excess may be carried over
23 to the following year or years and may be deducted from the taxpayer's
24 tax for such year or years.
25 (4) If all or any part of the credit provided for under this
26 subsection was allowed or carried over from a prior taxable year or
27 years, a taxpayer shall reduce the allowable credit for additional qual-
28 ifying expenditures in a subsequent tax year by the amount of the credit
29 previously allowed or carried over.
30 § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
31 of the tax law is amended by adding a new clause (xlvi) to read as
32 follows:
33 (xlvi) Credit forAmount of credit
34 the purchase of personalunder subdivision
35 protective equipment (PPE)fifty-five of section
36 by small business employerstwo hundred ten-B
37 under subsection (kkk)
38 § 5. This act shall take effect immediately; provided that sections
39 two, three and four of this act shall apply to taxable years beginning
40 on and after January 1, 2020.
