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AB3431 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3431
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    §  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    § 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    § 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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