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AB3431 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3431

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 22, 2015
                                      ___________

       Introduced  by  M.  of  A.  LUPARDO,  SCHIMMINGER,  MAGNARELLI,  LIFTON,
         MORELLE, COOK, SCARBOROUGH, TITONE, CAHILL,  LAVINE,  MILLER,  WEPRIN,
         TITUS,  BRINDISI,  ENGLEBRIGHT,  GUNTHER,  BARRETT, THIELE, DenDEKKER,
         AUBRY, SKARTADOS -- Multi-Sponsored by -- M. of A.    ARROYO,  CAMARA,
         CERETTO, CRESPO, CROUCH, DiPIETRO, DUPREY, FINCH, FITZPATRICK, FRIEND,
         GLICK, GRAF, HAWLEY, HEASTIE, HOOPER, LOPEZ, LUPINACCI, MAGEE, MARKEY,
         McLAUGHLIN,  MONTESANO, OAKS, PALMESANO, PAULIN, PERRY, PRETLOW, RAIA,
         SALADINO, SCHIMEL, STEC, WRIGHT --  read  once  and  referred  to  the
         Committee on Ways and Means

       AN  ACT  to  amend  the tax law, in relation to exempting from sales and
         compensating use taxes the purchase of general aviation aircraft;  and
         providing for the repeal of certain provisions upon expiration thereof

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "New York aviation jobs act".
    3    S  2.  Paragraph 1 of subdivision (dd) of section 1115 of the tax law,
    4  as added by section 1 of part L of chapter 60 of the laws  of  2004,  is
    5  amended to read as follows:
    6    (1)  Services  otherwise  taxable under paragraph three of subdivision
    7  (c) of section eleven hundred five or under section eleven  hundred  ten
    8  of  this  article,  SALES  OF  GENERAL  AVIATION  AIRCRAFT, and tangible
    9  personal property purchased and  used  by  the  person  who  sells  such
   10  services  in  performing  such  services,  where such property becomes a
   11  physical component part of the property  upon  which  the  services  are
   12  performed  or  where  such  property is a lubricant applied to aircraft,
   13  shall be exempt from tax under this  article  where  such  services  are
   14  performed on aircraft.
   15    S 3. The commissioner of taxation and finance, in conjunction with the
   16  commissioner of transportation, shall review and analyze all statistical
   17  data  available  for the purpose of determining the economic and revenue

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06332-01-5
       A. 3431                             2

    1  impact of the sales and compensating use tax exemption for the  sale  of
    2  general  aviation  aircraft  enacted  by  section  two of this act. Such
    3  review and analysis shall include, but not be limited to, any  increases
    4  in  aviation-related  employment,  aircraft basing, aircraft maintenance
    5  and aircraft hangering within the state. The commissioner shall  compile
    6  his  or  her  findings  into  a  report, which shall be submitted, on or
    7  before November 1, 2020, to the governor, the temporary president of the
    8  senate and the speaker of the assembly.
    9    S 4. This act shall take effect April 1,  2016,  and  shall  apply  to
   10  sales  of  general aviation aircraft made and uses occurring on or after
   11  such effective date  in  accordance  with  the  applicable  transitional
   12  provisions of sections 1106 and 1107 of the tax law, but shall not apply
   13  to  sales  occurring  after  March 31, 2021, and section two of this act
   14  shall expire and be deemed repealed April 1, 2021.   Provided,  however,
   15  that  aircraft  subject to exemption pursuant to paragraph 1 of subdivi-
   16  sion (dd) of section 1115 of the tax law, as amended by section  two  of
   17  this  act,  shall  remain  so  exempt after the expiration and repeal of
   18  section two of this act,  including  instances  where  the  aircraft  is
   19  subsequently  sold  or the ownership is transferred or assigned, for the
   20  useful life of the aircraft. Provided, further, that the commissioner of
   21  taxation and finance shall be immediately authorized to adopt and  amend
   22  any   rules  or  regulations  and  to  issue  any  procedure,  forms  or
   23  instructions necessary to implement section  two  of  this  act  on  its
   24  effective date.
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