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Bill > S04008


NY S04008

NY S04008
Authorizes the trading of existing but unused research and development credits and existing but unused net operating loss deductions to existing corporations and partnerships in return for private assistance; enacts the "Small New York Based High-Technology Business Investment Tax Credit Act".


summary

Introduced
01/31/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the tax law, in relation to providing for direct private assistance to emerging technology companies through the trading of their existing but unused research and development credits and their existing but unused net operating loss deductions to existing corporations and partnerships in return for private assistance

AI Summary

This bill establishes a tax benefit certificate transfer program designed to help small New York-based high-technology and biotechnology companies access financial resources by allowing them to trade their unused research and development tax credits and net operating loss deductions. Under this program, emerging technology companies with unused tax credits or net operating loss carryovers can surrender these tax benefits to other corporations or taxpayers in exchange for private financial assistance. The transferred tax benefits must be worth at least 75% of the private financial assistance received, and the funds can be used for various business expenses such as fixed assets, real estate development, working capital, salaries, and research and development expenditures. The program aims to stimulate private investment in emerging technology businesses by creating a mechanism for these companies to monetize tax assets they cannot currently use. The bill provides detailed definitions for terms like "biotechnology", "advanced computing", and "small New York-based high-technology business", and establishes that the program will apply to taxable years beginning on or after January 1, 2026. The tax commissioners will oversee the application and approval process, working to coordinate transfers that best encourage private financial assistance to technology companies in the state.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

REFERRED TO BUDGET AND REVENUE (on 01/07/2026)

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