Provides a resident taxpayer an additional personal income tax exemption for each dependent who is 65 years of age or older and who is residing with the taxpayer; requires the office for the aging to biennially report to the governor and legislature concerning the effects of such additional tax exemption on programs offered under the auspices or with the support, direct or indirect, of the office for the aging.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5803
SPONSOR: Norber TITLE OF BILL:
An act to amend the elder law, in relation to reports by the office for
the aging regarding assistance to families for caring for elderly depen-
dents; and to amend the tax law, in relation to providing an additional
personal income tax exemption for resident individuals in certain cases
PURPOSE OR GENERAL IDEA OF BILL:
To provide for families for their elderly dependents living with them.
SUMMARY OF PROVISIONS:
Section 213 of the elder law is amended by adding a new subdivision 6 to
read as follows:
The office for the aging shall biennially report to the governor and
legislature concerning the effects of subsection (c) of section six
hundred sixteen of the tax law on programs offered under the auspices or
with the support, direct or indirect, of the office for the aging. Such
report shall include, but not to be limited to, the use or non-use of
this incentive- in coordination with such programs, the extent to which
this incentive has aided families in caring for elderly dependents,
coordination by the office of the availability of the 'assistance with
other programs for the aged recommendations for public information
activities.
Section 616 of the tax law is amended by adding a new subsection (c) to
read as follows:
In addition to the exemptions provided for in subsection (a) of this
section, a resident individual shall be allowed a New York exemption in
an amount equal to the exemption provided for in subsection (a) of this
section for each dependent who is of the age of sixty-five or older, who
besides with such resident individual, and for whom the resident indi-
vidual is entitled to an exemption for the taxable year for federal
income tax purposes, provided however, that if the New York income taxes
of a husband and wife are separately determined but their federal income
tax is determined on a joint return, only one of them, at their option,
shall be entitled to the additional exemption provided herein.
JUSTIFICATION:
One of the most critical issues facing the elderly today is housing.
Senior citizens often cannot maintain their own residence because of
physical incapacity compounded by financial difficulty. Their children
or other relatives, in many cases, simply cannot afford to keep them, in
their homes. Because most long-term facility patients are or quickly
become Medicaid-eligible, families often find it less costly to institu-
tionalize them than to 'care for them at home.Obviously, no tax
exemptions will supplant the love of children for their parents or other
elderly relatives. However, where support is needed, it should be
provided and possible obstructions.should be removed. In this case, the
obstructions are financial. This bill would encourage children to invite
their parents to live with them in an extended family setting as was
once the custom. Such an approach is less costly to taxpayers than
attempting to build and maintain institutions to house senior citizens.
For the elderly; it is certainly more .humane and less traumatic.
Under our present law we too often encourage and support the notion that
life should be compartmentalized into separate units. In doing this,we
encourage the disintegration of the family unit. We also dismantle the
idea of responsibility towards our elders and we remove our young people
from exposure to the natural process and cycles of life and death.
Although this proposal is not a cure-all, it is a step in the right
direction.
PRIOR LEGISLATIVE HISTORY:
2023 - 2024, A.6088, not considered
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Approximately $15 million in the first full year.
EFFECTIVE DATE:
This act shall take effect immediately, and the provisions of section
two and three of this act shall apply to taxable years beginning one
year after the effective date of this act.
