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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
3524
2009-2010 Regular Sessions
I N S E N A T E
March 23, 2009
___________
Introduced by Sens. RANZENHOFER, GOLDEN, LIBOUS, MORAHAN -- read twice
and ordered printed, and when printed to be committed to the Committee
on Investigations and Government Operations
AN ACT to amend the tax law, in relation to the imposition of tax on
individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subsections (a), (b) and (c) of section 601 of the tax law,
2 as amended by section 1 of part Y-3 of chapter 62 of the laws of 2003,
3 are amended to read as follows:
4 (a) Resident married individuals filing joint returns and resident
5 surviving spouses. There is hereby imposed for each taxable year on the
6 New York taxable income of every resident married individual who makes a
7 single return jointly with his spouse under subsection (b) of section
8 six hundred fifty-one and on the New York taxable income of every resi-
9 dent surviving spouse a tax determined in accordance with the following
10 tables:
11 (1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
12 IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
13 NOT OVER $16,000 3.6% OF THE NEW YORK TAXABLE
14 INCOME
15 OVER $16,000 BUT NOT OVER $22,000 $576 PLUS 4% OF EXCESS OVER
16 $16,000
17 OVER $22,000 BUT NOT OVER $26,000 $816 PLUS 4.75% OF EXCESS OVER
18 $22,000
19 OVER $26,000 BUT NOT OVER $40,000 $1006 PLUS 5.3% OF EXCESS OVER
20 $26,000
21 OVER $40,000 BUT NOT OVER $150,000 $1748 PLUS 6.2% OF EXCESS OVER
22 $40,000
23 OVER $150,000 $8568 PLUS 6.85% OF EXCESS OVER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09295-01-9
S. 3524 2
1 $150,000
2 (2) For taxable years beginning after two thousand
3 [five] SIX:
4 If the New York taxable income is: The tax is:
5 Not over $16,000 4% of the New York taxable
6 income
7 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
8 $16,000
9 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
10 $22,000
11 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
12 $26,000
13 Over $40,000 $1,946 plus 6.85% of excess over
14 $40,000
15 [(2)] (3) For taxable years beginning in two thousand five:
16 If the New York taxable income is: The tax is:
17 Not over $16,000 4% of the New York taxable
18 income
19 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
20 $16,000
21 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
22 $22,000
23 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
24 $26,000
25 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
26 $40,000
27 Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over
28 $150,000
29 Over $500,000 $34,856 plus 7.7% of excess over
30 $500,000
31 [(3)] (4) For taxable years beginning in two thousand four:
32 If the New York taxable income is: The tax is:
33 Not over $16,000 4% of the New York taxable
34 income
35 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
36 $16,000
37 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
38 $22,000
39 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
40 $26,000
41 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
42 $40,000
43 Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over
44 $150,000
45 Over $500,000 $35,294 plus 7.7% of excess over
46 $500,000
47 [(4)] (5) For taxable years beginning in two thousand three:
S. 3524 3
1 If the New York taxable income is: The tax is:
2 Not over $16,000 4% of the New York taxable
3 income
4 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
5 $16,000
6 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
7 $22,000
8 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
9 $26,000
10 Over $40,000 but not over $150,000 $1,946 plus 6.85% of excess over
11 $40,000
12 Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over
13 $150,000
14 Over $500,000 $35,731 plus 7.7% of excess over
15 $500,000
16 [(5)] (6) For taxable years beginning after nineteen hundred ninety-
17 six and before two thousand three:
18 If the New York taxable income is: The tax is:
19 Not over $16,000 4% of the New York taxable
20 income
21 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
22 $16,000
23 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
24 $22,000
25 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
26 $26,000
27 Over $40,000 $1,946 plus 6.85% of excess over
28 $40,000
29 [(6)] (7) For taxable years beginning in nineteen hundred ninety-six:
30 If the New York taxable income is: The tax is:
31 Not over $11,000 4% of the New York taxable
32 income
33 Over $11,000 but not over $16,000 $440 plus 5% of excess over
34 $11,000
35 Over $16,000 but not over $22,000 $690 plus 6% of excess over
36 $16,000
37 Over $22,000 $1,050 plus 7% of excess over
38 $22,000
39 [(7)] (8) For taxable years beginning in nineteen hundred ninety-five:
40 If the New York taxable income is: The tax is:
41 Not over $13,000 4.55% of the New York taxable
42 income
43 Over $13,000 but not over $19,000 $592 plus 5.55% of excess over
44 $13,000
45 Over $19,000 but not over $25,000 $925 plus 6.55% of excess over
46 $19,000
47 Over $25,000 $1,318 plus 7.5% of excess over
48 $25,000
49 [(8)] (9) For taxable years beginning after nineteen hundred eighty-
50 nine and before nineteen hundred ninety-five:
S. 3524 4
1 If the New York taxable income is: The tax is:
2 Not over $11,000 4% of the New York taxable
3 income
4 Over $11,000 but not over $16,000 $440 plus 5% of excess over
5 $11,000
6 Over $16,000 but not over $22,000 $690 plus 6% of excess over
7 $16,000
8 Over $22,000 but not over $26,000 $1,050 plus 7% of excess over
9 $22,000
10 Over $26,000 $1,330 plus 7.875% of excess over
11 $26,000
12 (b) Resident heads of households. There is hereby imposed for each
13 taxable year on the New York taxable income of every resident head of a
14 household a tax determined in accordance with the following tables:
15 (1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
16 IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
17 NOT OVER $11,000 3.6% OF THE NEW YORK TAXABLE
18 INCOME
19 OVER $11,000 BUT NOT OVER $15,000 $396 PLUS 4% OF EXCESS OVER
20 $11,000
21 OVER $15,000 BUT NOT OVER $17,000 $572 PLUS 4.75% OF EXCESS OVER
22 $15,000
23 OVER $17,000 BUT NOT OVER $30,000 $667 PLUS 5.3% OF EXCESS OVER
24 $17,000
25 OVER $30,000 BUT NOT OVER $150,000 $1,356 PLUS 6.2% OF EXCESS OVER
26 $30,000
27 OVER $150,000 $8796 PLUS 6.85% OF EXCESS OVER
28 $150,000
29 (2) For taxable years beginning after two thousand
30 [five] SIX:
31 If the New York taxable income is: The tax is:
32 Not over $11,000 4% of the New York taxable
33 income
34 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
35 $11,000
36 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
37 $15,000
38 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
39 $17,000
40 Over $30,000 $1,492 plus 6.85% of excess over
41 $30,000
42 [(2)] (3) For taxable years beginning in two thousand five:
43 If the New York taxable income is: The tax is:
44 Not over $11,000 4% of the New York taxable
45 income
46 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
47 $11,000
48 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
49 $15,000
50 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
S. 3524 5
1 $17,000
2 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
3 $30,000
4 Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over
5 $125,000
6 Over $500,000 $35,187 plus 7.7% of excess over
7 $500,000
8 [(3)] (4) For taxable years beginning in two thousand four:
9 If the New York taxable income is: The tax is:
10 Not over $11,000 4% of the New York taxable
11 income
12 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
13 $11,000
14 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
15 $15,000
16 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
17 $17,000
18 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
19 $30,000
20 Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over
21 $125,000
22 Over $500,000 $35,656 plus 7.7% of excess over
23 $500,000
24 [(4)] (5) For taxable years beginning in two thousand three:
25 If the New York taxable income is: The tax is:
26 Not over $11,000 4% of the New York taxable
27 income
28 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
29 $11,000
30 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
31 $15,000
32 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
33 $17,000
34 Over $30,000 but not over $125,000 $1,492 plus 6.85% of excess over
35 $30,000
36 Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over
37 $125,000
38 Over $500,000 $36,125 plus 7.7% of excess over
39 $500,000
40 [(5)] (6) For taxable years beginning after nineteen hundred ninety-
41 six and before two thousand three:
42 If the New York taxable income is: The tax is:
43 Not over $11,000 4% of the New York taxable
44 income
45 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
46 $11,000
47 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
48 $15,000
49 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
S. 3524 6
1 $17,000
2 Over $30,000 $1,492 plus 6.85% of excess over
3 $30,000
4 [(6)] (7) For taxable years beginning in nineteen hundred ninety-six:
5 If the New York taxable income is: The tax is:
6 Not over $7,500 4% of the New York taxable
7 income
8 Over $7,500 but not over $11,000 $300 plus 5% of excess over
9 $7,500
10 Over $11,000 but not over $15,000 $475 plus 6% of excess over
11 $11,000
12 Over $15,000 $ 715 plus 7% of excess over
13 $15,000
14 [(7)] (8) For taxable years beginning in nineteen hundred ninety-five:
15 If the New York taxable income is: The tax is:
16 Not over $9,000 4.55% of the New York taxable
17 income
18 Over $9,000 but not over $14,000 $410 plus 5.55% of excess over
19 $9,000
20 Over $14,000 but not over $19,000 $687 plus 6.55% of excess over
21 $14,000
22 Over $19,000 $1,015 plus 7.5% of excess over
23 $19,000
24 [(8)] (9) For taxable years beginning after nineteen hundred eighty-
25 nine and before nineteen hundred ninety-five:
26 If the New York taxable income is: The tax is:
27 Not over $7,500 4% of the New York taxable
28 income
29 Over $7,500 but not over $11,000 $300 plus 5% of excess over
30 $7,500
31 Over $11,000 but not over $15,000 $475 plus 6% of excess over
32 $11,000
33 Over $15,000 but not over $17,000 $715 plus 7% of excess over
34 $15,000
35 Over $17,000 $855 plus 7.875% of excess over
36 $17,000
37 (c) Resident unmarried individuals, resident married individuals
38 filing separate returns and resident estates and trusts. There is hereby
39 imposed for each taxable year on the New York taxable income of every
40 resident individual who is not a married individual who makes a single
41 return jointly with his spouse under subsection (b) of section six
42 hundred fifty-one or a resident head of a household or a resident
43 surviving spouse, and on the New York taxable income of every resident
44 estate and trust a tax determined in accordance with the following
45 tables:
46 (1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
47 IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
48 NOT OVER $8,000 3.6% OF THE NEW YORK TAXABLE
S. 3524 7
1 INCOME
2 OVER $8,000 BUT NOT OVER $11,000 $288 PLUS 4% OF EXCESS OVER
3 $8,000
4 OVER $11,000 BUT NOT OVER $13,000 $408 PLUS 4.75% OF EXCESS OVER
5 $11,000
6 OVER $13,000 BUT NOT OVER $20,000 $503 PLUS 5.3% OF EXCESS OVER
7 $13,000
8 OVER $20,000 BUT NOT OVER $150,000 $874 PLUS 6.2% OF EXCESS OVER
9 $20,000
10 OVER $150,000 $8934 PLUS 6.85% OF EXCESS OVER
11 $150,000
12 (2) For taxable years beginning after two thousand [five] SIX:
13 If the New York taxable income is: The tax is:
14 Not over $8,000 4% of the New York taxable
15 income
16 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
17 $8,000
18 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
19 $11,000
20 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
21 $13,000
22 Over $20,000 $973 plus 6.85% of excess over
23 $20,000
24 [(2)] (3) For taxable years beginning in two thousand five:
25 If the New York taxable income is: The tax is:
26 Not over $8,000 4% of the New York taxable
27 income
28 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
29 $8,000
30 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
31 $11,000
32 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
33 $13,000
34 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
35 $20,000
36 Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over
37 $100,000
38 Over $500,000 $35,453 plus 7.7% of excess over
39 $500,000
40 [(3)] (4) For taxable years beginning in two thousand four:
41 If the New York taxable income is: The tax is:
42 Not over $8,000 4% of the New York taxable
43 income
44 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
45 $8,000
46 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
47 $11,000
48 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
49 $13,000
50 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
S. 3524 8
1 $20,000
2 Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over
3 $100,000
4 Over $500,000 $35,953 plus 7.7% of excess over
5 $500,000
6 [(4)] (5) For taxable years beginning in two thousand three:
7 If the New York taxable income is: The tax is:
8 Not over $8,000 4% of the New York taxable
9 income
10 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
11 $8,000
12 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
13 $11,000
14 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
15 $13,000
16 Over $20,000 but not over $100,000 $973 plus 6.85% of excess over
17 $20,000
18 Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over
19 $100,000
20 Over $500,000 $36,453 plus 7.7% of excess over
21 $500,000
22 [(5)] (6) For taxable years beginning after nineteen hundred ninety-
23 six and before two thousand three:
24 If the New York taxable income is: The tax is:
25 Not over $8,000 4% of the New York taxable
26 income
27 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
28 $8,000
29 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
30 $11,000
31 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
32 $13,000
33 Over $20,000 $973 plus 6.85% of excess over
34 $20,000
35 [(6)] (7) For taxable years beginning in nineteen hundred ninety-six:
36 If the New York taxable income is: The tax is:
37 Not over $5,500 4% of the New York taxable
38 income
39 Over $5,500 but not over $8,000 $220 plus 5% of excess over
40 $5,500
41 Over $8,000 but not over $11,000 $345 plus 6% of excess over
42 $8,000
43 Over $11,000 $525 plus 7% of excess over
44 $11,000
45 [(7)] (8) For taxable years beginning in nineteen hundred ninety-five:
46 If the New York taxable income is: The tax is:
47 Not over $6,500 4.55% of the New York taxable
S. 3524 9
1 income
2 Over $6,500 but not over $9,500 $296 plus 5.55% of excess over
3 $6,500
4 Over $9,500 but not over $12,500 $462 plus 6.55% of excess over
5 $9,500
6 Over $12,500 $659 plus 7.5% of excess over
7 $12,500
8 [(8)] (9) For taxable years beginning after nineteen hundred eighty-
9 nine and before nineteen hundred ninety-five:
10 If the New York taxable
11 income is: The tax is:
12 Not over $5,500 4% of the New York taxable
13 income
14 Over $5,500 but not over $8,000 $220 plus 5% of excess over
15 $5,500
16 Over $8,000 but not over $11,000 $345 plus 6% of excess over
17 $8,000
18 Over $11,000 but not over $13,000 $525 plus 7% of excess over
19 $11,000
20 Over $13,000 $665 plus 7.875% of excess over
21 $13,000
22 S 2. This act shall take effect immediately.
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