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S96Senate2015-2016 Session

Relates to exemptions from sales and use taxes for certain fuel, gas, electricity, refrigeration and steam and gas

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
In Assembly Committee
Ways And Means
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Ways And Means

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Referred to ways and means
  2. Delivered to assembly
  3. Passed senateVote 52–8
  4. Ordered to third reading cal.1475
  5. Committee discharged and committed to rules
  6. Reported and committed to finance
  7. Referred to energy and telecommunications
  8. Committed to rules
  9. Advanced to third reading
  10. 2nd report cal.
  11. 1st report cal.886
  12. Reported and committed to finance
Show 1 earlier action
  1. Referred to energy and telecommunications

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to certain exemptions from sales and use taxes

Purpose

To incentivize manufacturing in New York while allowing businesses to make efficient use of their resources.

Summary of provisions

Section one amends paragraph 1 of subdivision (c) of section 1115 of the tax law, as amended by section 7 of part B of chapter 63 of the laws of 2000 by removing the words "directly and exclusively."

Section two provides for an immediate effective date.

Existing law

Energy must be used exclusively and directly for manufacturing in order to be excluded from sales and use taxation.

Justification

Currently, only energy that is used exclusively and directly for manufacturing is excluded from sales and use taxation. The purpose of this exclusion is to encourage manufacturers to locate in and produce goods in New York. However, the existing law's strict limitations run counter to this goal. For example, lighting that is required for workers to see the machines they work on is not excluded from taxation.

The limitation also leads businesses to organize their operations in less than efficient ways. For example, the air conditioning costs to keep computer servers from overheating would no longer be excluded from taxation if a business were to also add a technician's desk into that room. Even though predominantly a manufacturing cost, the addition of one desk causes the air conditioning not to be an exclusively manufacturing expense. This leads to absurd workplace designs and an inefficient use of resources. By removing the exclusive and direct requirements, this bill incentivizes manufacturing in New York while still requiring that tax free energy actively contributes to the manufacturing of goods.

Legislative history

2013-14: S.1441 Committed to Rules

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.