S 8719: Establishes a tax credit for food service establishment donations to food pantries, in the amount of fifty percent of the fair market value of each of the taxpayer's qualified donations up to seven dollars per qualified donation, beginning with the 2027 tax year; directs the commissioner of agriculture and markets to promote local procurement of ingredients by eligible food service establishments to be used when preparing qualified donations.

  
  STATE OF NEW YORK ________________________________________________________________________ 8719  IN SENATE January 7, 2026 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to establishing a tax credit for food service establishment donations to food pantries 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 63 to read as follows: 3 63. Credit for food service establishment donations to food pantries. 4 (a) Allowance of credit. In the case of a taxpayer that is a food 5 service establishment, there shall be allowed a credit, to be computed 6 as hereinafter provided against the tax imposed by this article for 7 taxable years beginning on and after January first, two thousand twen- 8 ty-seven. The amount of the credit shall be fifty percent of the 9 marketed value of the taxpayer's qualified donations up to seven dollars 10 per qualified donation made to any eligible community-based organization 11 during the taxable year, not to exceed ten thousand dollars total per 12 taxable year. 13 (b) Definitions. For the purposes of this subdivision, the following 14 terms shall have the following meanings: 15 (i) "Food service establishment" means a taxpayer whose federal gross 16 income from prepared food sales for the taxable year is at least half of 17 such taxpayer's federal gross income. Such taxpayer may be a corpo- 18 ration, partnership, or individual. 19 (ii) "Qualified donation" means a donation of a prepared meal adhering 20 to the standards of the most recent edition of the Dietary Guidelines 21 for Americans required by 7 U.S.C. § 5341. A qualified donation shall 22 not be transferred by the eligible food service establishment to the 23 eligible community-based organization in exchange for money, other prop- 24 erty, or services. 25 (iii) "Eligible community-based organization" means any program oper- 26 ating within this state that accepts or distributes prepared meals and 27 has qualified for tax exemption under section 501(c)(3) of the internal 28 revenue code. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13668-03-5 
 S. 8719 2 1 (iv) "Marketed value" means the cost of a prepared meal offered for 2 sale to the public. 3 (c) Record of donation. (i) To claim a credit under this subdivision, 4 a taxpayer must get and keep a receipt from the eligible community-based 5 organization showing: (1) the name of the eligible community-based 6 organization; (2) the date and location of the qualified donation; and 7 (3) a reasonably detailed description of the qualified donation. 8 (ii) A letter or other written communication from the eligible commu- 9 nity-based organization acknowledging receipt of the contribution and 10 containing the information in clauses one, two, and three of subpara- 11 graph (i) of this paragraph shall serve as a receipt. 12 (d) Application of credit. The credit allowed under this subdivision 13 for any taxable year shall not reduce the tax due for such year to less 14 than the amount prescribed in paragraph (d) of subdivision one of 15 section two hundred ten of this article. However, if the amount of cred- 16 it allowed under this subdivision for any taxable year reduces the tax 17 to such amount or if the taxpayer otherwise pays tax based on the fixed 18 dollar minimum amount, any amount of credit thus not deductible in such 19 taxable year shall be treated as an overpayment of tax to be credited or 20 refunded in accordance with the provisions of section one thousand 21 eighty-six of this chapter. Provided, however, the provisions of 22 subsection (c) of section one thousand eighty-eight of this chapter 23 notwithstanding, no interest shall be paid thereon. 24 (e) Authority to issue tax credit. Any city in this state having a 25 population of one million or more inhabitants, acting through its local 26 legislative body, is hereby authorized and empowered to adopt and amend 27 local laws and rules offering a tax credit according to the provisions 28 in this section for the city personal income tax under article thirty of 29 this chapter. 30 § 2. This act shall take effect immediately.