2003 LEGISLATIVE PROGRAM
Following is The Business Council's 2003 Legislative Program. It identifies priority issues to be addressed by the Committees and Councils during 2003.
Article 9-A Tax
- limination of the increase in Article 9-A taxation -- occurring when jobs are located in New York--through adoption of a "single sales factor" method for apportionment of taxable income.
- Reduction of the Minimum Income Tax to 0%.
- If current apportionment method remains, then exclusion of Research and Development and Manufacturing wages from the payroll factor component.
- Clarify that receipts for advertising appearing in magazines and periodicals are receipts from the sale of tangible personal property for City of New York tax purposes.
21, 32, and 33 Tax
- Reduction of the Highway Use Tax (ton mileage tax) by another 25% of its pre-1998 level and conversion of the remaining tax into a 50% increase in registration fees for trucks subject to the Highway Use Tax.
- Extension of the Investment Tax Credit to leased equipment and to insurance operations.
- Establishment of permanency in Article 32 and 33 ITC law.
- Reduction of Section 186-e Telecommunications Utility Gross Receipts Tax to the lowest level possible.
- Removal of all telecommunications services from taxation under the Gross Earnings Tax (Section 184).
- Increased investment in New York by modernization of the Sales and Use Tax exemption on telecommunications equipment (Section 1115 Subdivision 12) to include ancillary equipment used in the provision of telecommunication services.
- Elimination of the §186-a Gross Receipts Tax on other income of telecommunication utilities.
and Miscellaneous Tax
- Encouragement of the Administration and Legislature to seek a frame-work that would help alleviate the tax evasion problem with Native American tribes who sell gasoline, cigarettes, other goods, and services, tax-free to non-Native Americans.
- Reduction of the Alcoholic Beverage Tax twelve cents per liter on liquors with less than 24% alcohol and thirty cents per liter on liquors with greater than 24% alcohol.
- Reduction of the Alcoholic Beverage Tax on beer by twenty-four cents per gallon.
- Adoption of a Tax Appeals Division as the trial court for Article 7 certiorari proceedings.
- Establishment of escrow payments of Article 7 disputed tax liability.
- Permission for the calling of the assessor for testimony in an Article 7 certiorari proceeding.
- Increase of the appeal period from 30 to 60 or 90 days.
- Limitation of the discrimination between "homestead" and non-"homestead" rates to 25% and a five-year "grandfather" phase-out for jurisdictions currently exceeding 25%.
and Use Tax
- Exemption of utilities needed to maintain controlled manufacturing and research & development environments.
- Exemption of materials transferred in the rendition of advertising services.
- Exemption of any portion of integrated hazardous waste removal, treatment, disposition, transportation, or similar services.
- Exemption of equipment or machinery used to reduce or control pollution from manufacturing and industrial facilities.
- Exemption of the "installation, maintenance, or repair" services on research and development equipment.