New York Assembly Bill A03266 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3266 2025-2026 Regular Sessions  IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to establishing a fine reimbursement credit for taxpayers fined for operating a bar or restaurant during the COVID-19 pandemic The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 606 of the tax law is amended by adding a new 2 subsection (qqq) to read as follows: 3 (qqq) Fine reimbursement credit. (1) For taxable years beginning Janu- 4 ary first, two thousand twenty and ending before January first, two 5 thousand twenty-six, a taxpayer who has been levied a fine between March 6 fifteenth, two thousand twenty and April fifteenth, two thousand twen- 7 ty-one for a violation of executive order number two hundred two of two 8 thousand twenty or any subsequent order relating to the operation of a 9 bar or restaurant during the COVID-19 pandemic shall be allowed a credit 10 against the tax imposed by this article in the amount of such fine. The 11 commissioner of taxation and finance, in consultation with the commis- 12 sioners of the state liquor authority, shall have the authority to 13 promulgate any rules or regulations necessary for the processing, deter- 14 mination, and granting of credits and refunds under this subsection. 15 (2) If the amount of credit allowed under this subsection for any 16 taxable year exceeds the taxpayer's tax for the taxable year, the excess 17 shall be treated as an overpayment of tax to be credited or refunded in 18 accordance with the provisions of section six hundred eighty-six of this 19 article, provided, however, no interest will be paid thereon. 20 § 2. Section 210-B of the tax law is amended by adding a new subdivi- 21 sion 61 to read as follows: 22 61. Fine reimbursement credit. (1) For taxable years beginning January 23 first, two thousand twenty and ending before January first, two thousand 24 twenty-six, a taxpayer who has been levied a fine between March EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01137-01-5 
 A. 3266 2 1 fifteenth, two thousand twenty and April fifteenth, two thousand twen- 2 ty-one for a violation of executive order number two hundred two of two 3 thousand twenty or any subsequent order relating to the operation of a 4 bar or restaurant during the COVID-19 pandemic shall be allowed a credit 5 against the tax imposed by this article in the amount of such fine. The 6 commissioner of taxation and finance, in consultation with the commis- 7 sioners of the state liquor authority, shall have the authority to 8 promulgate any rules or regulations necessary for the processing, deter- 9 mination, and granting of credits and refunds under this subdivision. 10 (2) If the amount of credit allowed under this subdivision for any 11 taxable year exceeds the taxpayer's tax for the taxable year, the excess 12 shall be treated as an overpayment of tax to be credited or refunded in 13 accordance with the provisions of section six hundred eighty-six of this 14 chapter, provided, however, no interest will be paid thereon. 15 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 16 of the tax law is amended by adding a new clause (lii) to read as 17 follows: 18 (lii) Fine reimbursement credit Amount of credit 19 under subsection (qqq)  under subdivision 20 sixty-one of section two 21 hundred ten-b 22 § 4. This act shall take effect immediately.