N.Y. Tax Law § 37

§ 37. Beer production credit. (a) General. A taxpayer subject to tax\nunder article nine-A or twenty-two of this chapter, that is registered\nas a distributor under article eighteen of this chapter, and that\nproduces sixty million or fewer gallons of beer in this state in the\ntaxable year, shall be allowed a credit against such taxes in the amount\nspecified in subdivision (b) of this section and pursuant to the\nprovisions referenced in subdivision (c) of this section. Provided,\nhowever, that no credit shall be allowed for any beer produced in excess\nof fifteen million five hundred thousand gallons in the taxable year. If\nthe taxpayer is a partner in a partnership or shareholder of a New York\nS corporation, then the cap imposed by the preceding sentence shall be\napplied at the entity level, so that the aggregate credit allowed to all\nthe partners or shareholders of each such entity in the taxable year\ndoes not exceed that cap.\n (b) The amount of the credit per taxpayer per taxable year (or pro\nrata share of earned credit in the case of a partnership) for each\ngallon of beer produced in this state on or after April first, two\nthousand twelve shall be determined as follows:\n (1) for the first five hundred thousand gallons of beer produced in\nthis state in the taxable year, the credit shall equal fourteen cents\nper gallon; and\n (2) for each gallon of beer produced in this state in the taxable year\nin excess of five hundred thousand gallons, the credit shall equal four\nand one-half cents per gallon.\n * (c) Cross-references. For application of the credit provided for in\nthis section, see the following provisions of this chapter:\n (1) Article 9-A: Section 210, subdivision 45.\n (2) Article 22: Section 606, subsections (i) and (uu).\n * NB Effective until January 1, 2015\n * (c) Cross-references. For application of the credit provided for in\nthis section, see the following provisions of this chapter:\n (1) Article 9-A: Section 210-B, subdivision 39.\n (2) Article 22: Section 606, subsections (i) and (uu).\n * NB Effective January 1, 2015\n