STATE OF NEW YORK
________________________________________________________________________
815
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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
18 impact of the sales and compensating use tax exemption for the sale of
19 general aviation aircraft enacted by section two of this act. Such
20 review and analysis shall include, but not be limited to, any increases
21 in aviation-related employment, aircraft basing, aircraft maintenance
22 and aircraft hangering within the state. The commissioner shall compile
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06332-01-5
S. 815 2
1 his or her findings into a report, which shall be submitted, on or
2 before November 1, 2020, to the governor, the temporary president of the
3 senate and the speaker of the assembly.
4 § 4. This act shall take effect April 1, 2016, and shall apply to
5 sales of general aviation aircraft made and uses occurring on or after
6 such effective date in accordance with the applicable transitional
7 provisions of sections 1106 and 1107 of the tax law, but shall not apply
8 to sales occurring after March 31, 2021, and section two of this act
9 shall expire and be deemed repealed April 1, 2021. Provided, however,
10 that aircraft subject to exemption pursuant to paragraph 1 of subdivi-
11 sion (dd) of section 1115 of the tax law, as amended by section two of
12 this act, shall remain so exempt after the expiration and repeal of
13 section two of this act, including instances where the aircraft is
14 subsequently sold or the ownership is transferred or assigned, for the
15 useful life of the aircraft. Provided, further, that the commissioner of
16 taxation and finance shall be immediately authorized to adopt and amend
17 any rules or regulations and to issue any procedure, forms or
18 instructions necessary to implement section two of this act on its
19 effective date.
