N.Y. Tax Law § 37

§ 37. Alcoholic beverage production credit. (a) General. A taxpayer\nsubject to tax under article nine-A or twenty-two of this chapter, that\nis registered as a distributor under article eighteen of this chapter,\nand that produces sixty million or fewer gallons of beer or cider,\ntwenty million or fewer gallons of wine, or eight hundred thousand or\nfewer gallons of liquor in this state in the taxable year, shall be\nallowed a credit against such taxes in the amount specified in\nsubdivision (b) of this section and pursuant to the provisions\nreferenced in subdivision (c) of this section. Provided, however, that\nno credit shall be allowed for any beer, cider, wine or liquor produced\nin excess of fifteen million five hundred thousand gallons in the\ntaxable year. If the taxpayer is a partner in a partnership or\nshareholder of a New York S corporation, then the cap imposed by the\npreceding sentence shall be applied at the entity level, so that the\naggregate credit allowed to all the partners or shareholders of each\nsuch entity in the taxable year does 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, cider, wine or liquor produced in this state shall be\ndetermined as follows:\n (1) for the first five hundred thousand gallons of beer, cider, wine\nor liquor produced in this state in the taxable year, the credit shall\nequal fourteen cents per gallon; and\n (2) for each gallon of beer, cider, wine or liquor produced in this\nstate in the taxable year in excess of five hundred thousand gallons,\nthe credit shall equal four and 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-B, subdivision 39.\n (2) Article 22: Section 606, subsections (i) and (uu).\n