What's happening
This bill creates a tax credit for New York farming businesses to offset costs of replacing concord grapevines.
Why it matters
Supports New York’s Concord Grape Industry. By specifically targeting concord grapevines, the bill addresses a crop that is economically and culturally significant in upstate New York, potentially helping to stabilize or revitalize local farming communities reliant on concord grapes for juice, jelly, and wine production.
Provides Direct Financial Relief to Farmers. The tax credit directly offsets the costs of purchasing and planting replacement concord grapevines, reducing the financial burden on farmers who need to replant due to disease, age, or changing market demands.
Allows Refundable Credits. If the credit exceeds a farmer’s tax liability for the year, the excess is refunded as an overpayment (without interest), making the benefit accessible even to farms with low or negative taxable income, which is common in agriculture during tough years.
Encourages Long-Term Investment. By lowering the cost barrier to replanting, the bill incentivizes farmers to invest in maintaining and renewing their vineyards, which is crucial for the sustainability and competitiveness of New York’s grape industry over time.
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Who cares
Farm corporations growing Concord grapes
Businesses principally engaged in farming could claim a corporate franchise tax credit equal to the cost of Concord grapevines purchased and planted to replace Concord vines.
Eligible farm corporations with low tax bills
Any credit exceeding their tax liability would be credited or refunded, without interest on the refund.
Grapevine nurseries and suppliers
The credit would cover qualifying purchases of Concord replacement vines, but not vines of other varieties.
Headline styles
Tax Credit for Concord Grapevines
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
928
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the tax law, in relation to establishing a grapevine replacement franchise tax on business corporations credit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 210-B of the tax law is amended by adding a new subdivision 53 to read as follows:
53. Grapevine replacement tax credit. (a) Allowance of credit. A taxpayer that is a business principally engaged in farming, as such term is defined in paragraph nineteen of subdivision (b) of section one thousand one hundred one of this chapter, shall be allowed a credit against the tax imposed by this article for the replacement of grapevines of any concord variety for taxable years beginning on or after January first, two thousand nineteen. The amount of the credit shall be equal to the sum of the cost of grapevines that are purchased and planted for the purpose of replacing grapevines of any concord variety. This credit shall not apply to grapevines other than of the concord variety.
(b) Application of credit. If the amount of the credit allowed under this subdivision for any taxable year shall exceed the taxpayer's tax for such year, the excess shall be treated as an overpayment of tax to be credited or refunded in accordance with the provisions of section one thousand eighty-six of this chapter. Provided, however, that no interest should be paid on such refund, notwithstanding the provisions of subsection (c) of section one thousand eighty-eight of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03024-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the tax law, in relation to establishing a grapevine replacement franchise tax on business corporations credit
Purpose
This bill creates a refundable credit against the franchise tax on farm business corporations for the cost of replacing Concord grapevines with a new grape variety.
Summary of provisions
Section 210-B of the Tax Law is amended to allow for a refundable fran- chise tax credit to farm business corporations for the cost of grapev- ines that are replacing existing Concord grapevines, provided that the new grapevines are not of any Concord variety.
Justification
This legislation was created to encourage the planting of new grape varieties in response to New York's evolving grape and wine market. Many New York grape producers have built their businesses on the native Concord grape which is used in juices, jellies and other food products. Concord grape growers are currently experiencing a severe glut in national grape juice concentrate markets, due to overproduction in Cali- fornia, and are seeking innovative ways to continue farming. With a growing interest and national demand for New York wines, grape growers are turning to vinifera grapes and other high-quality hybrid varieties which offer consistent fruit quality and production. This legislation provides an incentive for farms to pursue this costly but worthwhile investment to help diversify grape acreage and remain competitive in the global marketplace.
Legislative history
2018: S.454-A Referred to Investigations & Government Operations 2017: S.454 Referred to Investigations & Government Operations 2016: S.3073-A Referred to Investigations & Government Operations 2015: S.3073 Referred to Investigations & Government Operations 2013,2014: S.2683-A Referred to Investigations & Government Operations 2011,2012: S.849 Referred to Investigations & Government Operations 2009,2010: S.2439 Referred to Investigations & Government Operations 2007,2008: S.4512 Referred to Investigations & Government Operations 2006: S.7236/A.11540 Referred to Investigations & Government Operations
Fiscal implications
Undetermined at this time.
Effective date
Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.