Bill Text: NY A04199 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes business franchise and personal income tax credits for a portion of the consideration paid under a contract with a minority or women-owned business.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-30 - print number 4199a [A04199 Detail]
Download: New_York-2013-A04199-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4199--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. CAMARA, HOOPER -- read once and referred to the
Committee on Ways and Means -- recommitted to the Committee on Ways
and Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the tax law, in relation to establishing business fran-
chise and personal income tax credits for certain businesses which
contract with the state or political subdivisions thereof and in unre-
lated contracts, also with minority and women-owned business enter-
prises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 210 of the tax law is amended by adding a new
2 subdivision 48 to read as follows:
3 48. MINORITY AND WOMEN-OWNED BUSINESS EMPLOYMENT INCENTIVE CREDIT. (A)
4 GENERAL. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS
5 PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THIS ARTICLE
6 FOR A CERTAIN PORTION OF THE CONSIDERATION PAID TO A MINORITY OR WOMEN-
7 OWNED BUSINESS ENTERPRISE PURSUANT TO A CONTRACT FOR THE PROVISION OF
8 GOODS OR SERVICES. THE CREDIT PROVIDED FOR IN THIS SUBDIVISION SHALL BE
9 ALLOWED WITH RESPECT TO THE TAX YEAR IN WHICH THE CONSIDERATION IS PAID
10 TO THE MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE.
11 (B) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING
12 TERMS SHALL MEAN:
13 (I) "GOVERNMENT AGENCY" MEANS A STATE AGENCY OR A STATE AUTHORITY AS
14 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECU-
15 TIVE LAW, OR A POLITICAL SUBDIVISION AS DEFINED IN SUBDIVISION ONE OF
16 SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
17 (II) "MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE" MEANS A
18 MINORITY-OWNED BUSINESS ENTERPRISE AS DEFINED IN SUBDIVISION SEVEN OF
19 SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW OR A WOMEN-OWNED BUSINESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00317-03-4
A. 4199--A 2
1 ENTERPRISE AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION THREE HUNDRED
2 TEN OF THE EXECUTIVE LAW.
3 (C) COMPUTATION. THE CREDIT AUTHORIZED BY THIS SUBDIVISION SHALL BE
4 EQUAL TO ONE-THIRD OF ALL EXPENDITURES PAID BY THE TAXPAYER TO A MINORI-
5 TY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO A CONTRACT FOR THE
6 PROVISION OF GOODS AND SERVICES DURING THE TAX YEAR, PROVIDED THAT SUCH
7 CONTRACT WAS NOT SUBJECT TO THE PROVISIONS OF ARTICLE FIFTEEN-A OF THE
8 EXECUTIVE LAW OR ANY OTHER PROVISION OF LAW RELATING TO THE AFFIRMATIVE
9 ACTION, AND THE TAXPAYER IS NOT A MINORITY OR WOMEN-OWNED BUSINESS
10 ENTERPRISE. FURTHERMORE, THE AMOUNT OF SUCH CREDIT SHALL NOT EXCEED
11 FIVE PERCENT OF ALL CONSIDERATION PAID TO THE TAXPAYER DURING THE TAX
12 YEAR PURSUANT TO CONTRACTS WITH GOVERNMENT AGENCIES FOR THE PROVISION OF
13 GOODS OR SERVICES.
14 S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
15 of the tax law is amended by adding a new clause (xxxvii) to read as
16 follows:
17 (XXXVII) MINORITY AND AMOUNT OF CREDIT
18 WOMEN-OWNED BUSINESS UNDER SUBDIVISION
19 EMPLOYMENT INCENTIVE FORTY-EIGHT OF
20 CREDIT UNDER SECTION TWO
21 SUBSECTION (U) HUNDRED TEN
22 S 3. Section 606 of the tax law is amended by adding a new subsection
23 (u) to read as follows:
24 (U) MINORITY AND WOMEN-OWNED BUSINESS EMPLOYMENT INCENTIVE CREDIT. (1)
25 GENERAL. A TAXPAYER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED
26 IN THIS SUBSECTION, AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR A
27 CERTAIN PORTION OF THE CONSIDERATION PAID TO A MINORITY OR WOMEN-OWNED
28 BUSINESS ENTERPRISE PURSUANT TO A CONTRACT FOR THE PROVISION OF GOODS OR
29 SERVICES. THE CREDIT PROVIDED FOR IN THIS SUBSECTION SHALL BE ALLOWED
30 WITH RESPECT TO THE TAX YEAR IN WHICH THE CONSIDERATION IS PAID TO THE
31 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE.
32 (2) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING
33 TERMS SHALL MEAN:
34 (I) "GOVERNMENT AGENCY" MEANS A STATE AGENCY OR A STATE AUTHORITY AS
35 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECU-
36 TIVE LAW, OR A POLITICAL SUBDIVISION AS DEFINED IN SUBDIVISION ONE OF
37 SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
38 (II) "MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE" MEANS A
39 MINORITY-OWNED BUSINESS ENTERPRISE AS DEFINED IN SUBDIVISION SEVEN OF
40 SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW OR A WOMEN-OWNED BUSINESS
41 ENTERPRISE AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION THREE HUNDRED
42 TEN OF THE EXECUTIVE LAW.
43 (3) COMPUTATION. THE CREDIT AUTHORIZED BY THIS SUBSECTION SHALL BE
44 EQUAL TO ONE-THIRD OF ALL EXPENDITURES PAID BY THE TAXPAYER TO A MINORI-
45 TY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO A CONTRACT FOR THE
46 PROVISION OF GOODS AND SERVICES DURING THE TAX YEAR, PROVIDED THAT SUCH
47 CONTRACT WAS NOT SUBJECT TO THE PROVISIONS OF ARTICLE FIFTEEN-A OF THE
48 EXECUTIVE LAW OR ANY OTHER PROVISION OF LAW RELATING TO AFFIRMATIVE
49 ACTION, AND THE TAXPAYER IS NOT A MINORITY OR WOMEN-OWNED BUSINESS
50 ENTERPRISE. FURTHERMORE, THE AMOUNT OF SUCH CREDIT SHALL NOT EXCEED
51 FIVE PERCENT OF ALL CONSIDERATION PAID TO THE TAXPAYER DURING THE TAX
52 YEAR PURSUANT TO CONTRACTS WITH GOVERNMENT AGENCIES FOR THE PROVISION OF
53 GOODS OR SERVICES.
54 S 4. This act shall take effect on the first of January next succeed-
55 ing the date on which it shall have become a law and shall apply to tax
56 years commencing on or after such date.
