BILL NO A08643A
SAME AS SAME AS UNI. S05893-A
SPONSOR Tedisco (MS)
COSPNSR Crouch, Tobacco, Gabryszak, McLaughlin, Rivera N, Calhoun, Ra,
Titone, Butler, Tenney, Palmesano, Lopez P
MLTSPNSR Duprey, Sayward
Amd SS606 & 210, add S1207, Tax L
Establishes a credit for sales tax paid by victims who incurred damage as a
result of tropical storms Irene and Lee.
BILL NO A08643A
09/21/2011 referred to ways and means
10/21/2011 amend (t) and recommit to ways and means
10/21/2011 print number 8643a
01/04/2012 referred to ways and means
BILL NUMBER:A8643A
TITLE OF BILL: An act to amend the tax law, in relation to establishing
tax credits for state and county sales tax paid by victims of tropical
storms Irene and Lee
PURPOSE: Establishes a credit against income tax for residents and busi-
ness owners who incurred damage to property as a result of Tropical
Storms Irene and Lee.
SUMMARY OF PROVISIONS:
Section 1: Amends606 of the tax law by adding new subsection (tt) stat-
ing that residential victims of Tropical Storms Irene and Lee, residents
residing in the disaster areas, are entitled to a credit against their
income taxes for 2011 and 2012. The amount of credit shall be equal to
the sales tax paid for expenses in replacing appliances, furniture,
building materials, moving expenses and storage costs.
Section 2: Amends 5 210 of the tax law by adding a new subsection 44
stating that business owners who are victims of Tropical Storms Irene in
the disaster areas are entitled to a credit against their income taxes
for 2011 and 2012. The amount of credit shall be equal to the sales tax
paid for the expenses in replacing appliances, furniture, building mate-
rials, moving expenses and storage costs.
Section 3: Amends Subparagraph (B) of paragraph 1 or subsection (i) of
section 606 adding a new clause, clause (xxxiii)to allow tax code to be
changed to establish the Tropical Storms Irene and Lee tax credit.
Section 4: Ads additional section to the tax law, section 1207, allowing
Counties affected by the Tropical Storms to option into this program at
the County level.
Section 5: Allows act to take effect immediately.
JUSTIFICATION: The devastating impact of Tropical Storms Irene and Lee
on the lives of thousands of New Yorkers is heartbreaking. Too many
people have had their lives torn apart losing their homes and busi-
nesses. It's critical that our state continues to do everything in its
power to help our neighbors rebuild.
Eliminating sales taxes on the essentials for flood victims is one way
New York State can help our fellow New Yorkers get back on their feet.
The sales tax credits in this legislation are for moving expenses (rent-
ing a truck, placing belongings in storage) and for replacing sump
pumps, furnaces, refrigerators, washers, dryers, dehumidifiers, boilers,
furniture, construction materials and clothing.
Eligible recipients must reside in or own a business in any New York
county declared a federal disaster area and must show proof that they
are a flood victim by being certified by an insurer or state official.
This bill shall establish a tax credit that will be applicable to an
individuals' or business' 2011 and 2012 income taxes.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act will take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5893--A A. 8643--A
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
September 21, 2011
___________
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. TEDISCO, CROUCH, TOBACCO, GABRYS-
ZAK, McLAUGHLIN, N. RIVERA, CALHOUN, RA, TITONE, BUTLER -- Multi-Spon-
sored by -- M. of A. DUPREY -- read once and referred to the Committee
on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to establishing tax credits for
state and county sales tax paid by victims of tropical storms Irene
and Lee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 606 of the tax law is amended by adding a new
2 subsection (tt) to read as follows:
3 (TT) CREDIT FOR STATE SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
4 IRENE AND LEE. (1) GENERAL. A TAXPAYER WHOSE RESIDENCE OR BUSINESS
5 INCURRED DAMAGE AS A RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND
6 ELEVEN, TROPICAL STORM LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL
7 STORMS SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
8 CLE, TO BE COMPUTED AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION.
9 (2) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE EQUAL TO STATE
10 SALES TAX PAID FOR EXPENSES RELATED TO DAMAGE INCURRED AS A RESULT OF
11 FLOODING, HIGH WINDS, RAIN AND/OR MUDSLIDES CAUSED BY SUCH TROPICAL
12 STORMS. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPENSES FOR
13 MOVING AND STORAGE, AND FOR THE REPLACEMENT OF SUMP PUMPS, FURNACES,
14 REFRIGERATORS, WASHERS, DRYERS, DEHUMIDIFIERS, BOILERS, FURNITURE,
15 CONSTRUCTION MATERIALS, VEHICLES AND CLOTHING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13461-03-1
S. 5893--A 2 A. 8643--A
1 (3) ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SUCH CREDIT, A TAXPAYER
2 SHALL RESIDE OR HAVE A BUSINESS WITHIN A COUNTY IN THIS STATE WHICH WAS
3 DECLARED A FEDERAL DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID
4 OR ASSISTANCE AS A RESULT OF SUCH TROPICAL STORMS FROM THE FEDERAL EMER-
5 GENCY MANAGEMENT AGENCY.
6 (4) APPLICABILITY. CREDIT ALLOWED PURSUANT TO THIS SUBSECTION SHALL
7 APPLY TO PAYMENTS FOR SERVICES AND EXPENSES MADE DURING THE TWO THOUSAND
8 ELEVEN AND TWO THOUSAND TWELVE TAXABLE YEARS.
9 S 2. Section 210 of the tax law is amended by adding a new subdivision
10 44 to read as follows:
11 44. CREDIT FOR STATE SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
12 IRENE AND LEE. (A) GENERAL. A TAXPAYER WHOSE BUSINESS INCURRED DAMAGE AS
13 A RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND ELEVEN, TROPICAL STORM
14 LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL STORMS SHALL BE ALLOWED
15 A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, TO BE COMPUTED AS
16 PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
17 (B) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE EQUAL TO STATE
18 SALES TAX PAID FOR EXPENSES RELATED TO DAMAGE INCURRED AS A RESULT OF
19 FLOODING, HIGH WINDS, RAIN AND/OR MUDSLIDES CAUSED BY SUCH TROPICAL
20 STORMS. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMITED TO, EXPENSES FOR
21 MOVING AND STORAGE, AND FOR THE REPLACEMENT OF SUMP PUMPS, FURNACES,
22 REFRIGERATORS, WASHERS, DRYERS, DEHUMIDIFIERS, BOILERS, FURNITURE,
23 CONSTRUCTION MATERIALS, VEHICLES AND CLOTHING.
24 (C) ELIGIBILITY. TO BE ELIGIBLE TO RECEIVE SUCH CREDIT, A TAXPAYER
25 SHALL HAVE A BUSINESS WITHIN A COUNTY IN THIS STATE WHICH WAS DECLARED A
26 FEDERAL DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID OR ASSIST-
27 ANCE AS A RESULT OF SUCH TROPICAL STORMS FROM THE FEDERAL EMERGENCY
28 MANAGEMENT AGENCY.
29 (D) APPLICABILITY. CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL
30 APPLY TO PAYMENTS FOR SERVICES AND EXPENSES MADE DURING THE TWO THOUSAND
31 ELEVEN AND TWO THOUSAND TWELVE TAXABLE YEARS.
32 S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
33 of the tax law is amended by adding a new clause (xxxiii) to read as
34 follows:
35 (XXXIII) CREDIT FOR STATE SALES TAX AMOUNT OF CREDIT UNDER
36 PAID BY VICTIMS OF TROPICAL STORMS SUBDIVISION FORTY-FOUR
37 IRENE AND LEE UNDER SUBSECTION (TT) OF SECTION TWO HUNDRED
38 TEN
39 S 4. The tax law is amended by adding a new section 1207 to read as
40 follows:
41 S 1207. CREDIT FOR COUNTY SALES TAX PAID BY VICTIMS OF TROPICAL STORMS
42 IRENE AND LEE. ANY COUNTY IN THIS STATE WHICH WAS DECLARED A FEDERAL
43 DISASTER AREA AND IS ELIGIBLE TO RECEIVE FEDERAL AID OR ASSISTANCE AS A
44 RESULT OF TROPICAL STORM IRENE OF TWO THOUSAND ELEVEN, TROPICAL STORM
45 LEE OF TWO THOUSAND ELEVEN OR BOTH SUCH TROPICAL STORMS, OR ANY COUNTY
46 WHICH BORDERS SUCH A COUNTY, MAY, AFTER PUBLIC HEARING, ADOPT A LOCAL
47 LAW, ORDINANCE OR RESOLUTION TO PROVIDE A CREDIT AGAINST TAXES IMPOSED
48 BY ARTICLES NINE-A AND TWENTY-TWO OF THIS CHAPTER FOR COUNTY SALES TAX
49 PAID BY VICTIMS OF SUCH TROPICAL STORMS. SUCH CREDIT SHALL BE ALLOWED TO
50 TAXPAYERS IN THE SAME MANNER AS THE CREDIT FOR STATE SALES TAX PAID
51 ALLOWED PURSUANT TO SUBDIVISION (TT) OF SECTION SIX HUNDRED SIX AND
52 SUBDIVISION FORTY-FOUR OF SECTION TWO HUNDRED TEN OF THIS CHAPTER.
53 S 5. This act shall take effect immediately.
