Bill Text: NY S09058 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-10-19 - REFERRED TO RULES [S09058 Detail]

Download: New_York-2019-S09058-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9058

                    IN SENATE

                                    October 19, 2020
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
    24  to the following year or years and may be deducted from  the  taxpayer's
    25  tax for such year or years.
    26    (d)  If all or any part of the credit provided for under this subdivi-
    27  sion was allowed or carried over from a prior taxable year or  years,  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17339-01-0

        S. 9058                             2

     1  taxpayer  shall  reduce  the  allowable credit for additional qualifying
     2  expenditures in a subsequent tax year by the amount of the credit previ-
     3  ously allowed or carried over.
     4    §  3. Section 606 of the tax law is amended by adding a new subsection
     5  (kkk) to read as follows:
     6    (kkk) Credit for the purchase of personal protective  equipment  (PPE)
     7  by small business employers.  (1) A taxpayer who is a small business, as
     8  defined  in  section  one hundred thirty-one of the economic development
     9  law, shall be allowed a credit of personal  protective  equipment  (PPE)
    10  for  use  by  such  taxpayer's employees. The total amount of the credit
    11  shall be the cost incurred in purchasing  the personal protective equip-
    12  ment (PPE).
    13    (2) For the purposes of this subsection "personal protective equipment
    14  (PPE)" shall mean all equipment worn or used to minimize exposure  to  a
    15  communicable  disease,  including  but  not limited to gloves, masks and
    16  faceshields.
    17    (3) If the amount of credit  allowable  under  this  subsection  shall
    18  exceed  the taxpayer's tax for such year, the excess may be carried over
    19  to the following year or years and may be deducted from  the  taxpayer's
    20  tax for such year or years.
    21    (4)  If  all  or  any  part  of  the  credit  provided  for under this
    22  subsection was allowed or carried over from  a  prior  taxable  year  or
    23  years, a taxpayer shall reduce the allowable credit for additional qual-
    24  ifying expenditures in a subsequent tax year by the amount of the credit
    25  previously allowed or carried over.
    26    §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    27  of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
    28  follows:

    29  (xlvi) Credit for                    Amount of credit
    30  the purchase of personal             under subdivision
    31  protective equipment (PPE)           fifty-five of section
    32  by small business employers          two hundred ten-B
    33  under subsection (kkk)

    34    §  5.  This  act shall take effect immediately; provided that sections
    35  two, three and four of this act shall apply to taxable  years  beginning
    36  on and after January 1, 2020.
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