New York A 3221: Creates a tax credit for small businesses that sell a certain percentage of products produced in New York state

Status: REFERRED TO WAYS AND MEANS (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: A 3221

Sponsors: Matthew Simpson, Andrea Bailey, Andrew Molitor, Brian Maher, Jeff Gallahan, Jerett Gandolfo, Joe Angelino, Joe DeStefano, John Lemondes, Josh Jensen, Karl Brabenec, Kenneth Blankenbush, Michael Durso, Robert Smullen, Ron Kim, Samuel Pirozzolo, Scott H. Bendett, Stephen Hawley

Bill Text

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A03221 Summary:

BILL NOA03221 

&nbsp

SAME ASSAME AS S02654

&nbsp

SPONSORSimpson

&nbsp

COSPNSRSmullen, Brabenec, Gandolfo, Durso, Angelino, Gallahan, Kim, Blankenbush, Maher, DeStefano,
 Lemondes, Bendett, Hawley, Molitor, Bailey, Jensen, Pirozzolo

&nbsp

MLTSPNSR

&nbsp

Amd §§210-B & 606, Tax L

&nbsp

Creates a tax credit for small businesses that sell a certain percentage of products produced in New York state; provides such small businesses include independently or privately-owned cafes, restaurants, eateries, bars, pubs, breweries, distilleries, orchards, food trucks, retail stores, farm stands, hotels, or motels.

Go to top A03221 Actions:

BILL NOA03221 

&nbsp

01/23/2025referred to ways and means

06/06/2025held for consideration in ways and means

01/07/2026referred to ways and means

Go to topA03221 Committee&nbspVotes:

Committee:WAYS AND MEANS Chair:Pretlow 
DATE:06/06/2025AYE/NAY:25/10 Action: Held for Consideration PretlowAyeRaNay

JacksonAyeFitzpatrickNay

ColtonAyeHawleyNay

CookAyeBlankenbushNay

BenedettoAyePalmesanoNay

WeprinAyeWalshNay

AndersonAyeDeStefanoNay

BraunsteinAyeManktelowNay

McDonaldAyeSmullenNay

RozicAyeGiglioNay

DinowitzAye

LavineAye

BronsonAye

DilanAye

SeawrightAye

HyndmanAye

WalkerAye

WrightAye

SimonAye

CruzAye

OtisAye

SolagesAye

HunterAye

EpsteinAye

SeptimoAye

Go to topA03221 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03221 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3221

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. SIMPSON, SMULLEN, BRABENEC, GANDOLFO, DURSO,
 ANGELINO, GALLAHAN, KIM, BLANKENBUSH, MAHER, DeSTEFANO, LEMONDES,
 BENDETT, HAWLEY -- read once and referred to the Committee on Ways and
 Means

 AN ACT to amend the tax law, in relation to creating a tax credit for
 small businesses that sell a certain percentage of products produced
 in New York state

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 210-B of the tax law is amended by adding a new
 2 subdivision 61 to read as follows:
 3 61. Credit for small businesses that sell New York state produced
 4 products. (a) A small business shall be allowed a credit against the tax
 5 imposed by this article if such small business sells a certain percent-
 6 age of qualified products. Such credit shall be computed according to
 7 the following schedule:
 8 (i) Credit of one thousand dollars when five to nine percent of a
 9 qualifying small business' total sales are attributed to the sale of
 10 qualifying products.
 11 (ii) Credit of two thousand dollars when ten to twenty-four percent of
 12 a qualifying small business' total sales are attributed to the sale of
 13 qualifying products.
 14 (iii) Credit of five thousand dollars when twenty-five percent or more
 15 of a qualifying small business' total sales are attributed to the sale
 16 of qualifying products.
 17 (b) For the purposes of this subdivision, the term:
 18 (i) "Small business" shall mean a business which is an independently
 19 or privately-owned cafe, restaurant, eatery, bar, pub, brewery, distil-
 20 lery, orchard, food truck, retail store, farm stand, hotel, or motel.
 21 (ii) "Qualified product" shall mean a product which is grown, brewed
 22 or distilled in New York state and such products shall include:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03715-01-5

 A. 3221 2

 1 (A) beer, wine, spirits, and ciders;
 2 (B) agricultural ingredients, including but not limited to wheat,
 3 barley, hops, apples, pumpkins, corn, cabbage, berries, soybeans, maple,
 4 or any item used for menu items;
 5 (C) dairy products, including but not limited to milk, cream, butter,
 6 and cheese; or
 7 (D) meat products, including but not limited to beef, chicken, and
 8 pork.
 9 (c) The credit allowed under this subdivision for the taxable year
 10 shall not reduce the tax due for such year to less than the amount
 11 prescribed in paragraph (d) of subdivision one of section two hundred
 12 ten of this article. However, if the amount of credit allowed under this
 13 subdivision for the taxabl

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