STATE OF NEW YORK
________________________________________________________________________
6946
2009-2010 Regular Sessions
IN ASSEMBLY
March 17, 2009
___________
Introduced by M. of A. ORTIZ, EDDINGTON, HOOPER, GREENE -- Multi-Spon-
sored by -- M. of A. BOYLAND, MAGEE, SCHIMMINGER, WEISENBERG -- read
once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a personal income
tax credit for fuel used for non-business purposes
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 (u) to read as follows:
3 (u) Personal vehicle fuel credit. (1) Allowance of credit. A taxpayer
4 is allowed a credit against the tax imposed by this article for quali-
5 fied fuel expenses in an amount as determined in accordance with para-
6 graph two of this subsection.
7 (2) Amount of credit. The amount of the credit shall be equal to the
8 total cost of the qualified fuel expenses actually incurred by the
9 taxpayer for the taxable year subject to the following restrictions.
10 (i) If a taxpayer has a gross income equal to or more than twenty-five
11 thousand dollars, the amount of the credit shall be no more than one
12 hundred dollars.
13 (ii) If a taxpayer has a gross income equal to or more than twenty-
14 three thousand dollars but less than twenty-five thousand dollars, the
15 amount of the credit shall be no more than one hundred thirty dollars.
16 (iii) If a taxpayer has a gross income equal to or more than twenty-
17 one thousand dollars but less than twenty-three thousand dollars, the
18 amount of the credit shall be no more than one hundred sixty dollars.
19 (iv) If a taxpayer has a gross income equal to or more than nineteen
20 thousand dollars but less than twenty-one thousand dollars, the amount
21 of the credit shall be no more than one hundred ninety dollars.
22 (v) If a taxpayer has a gross income equal to or more than seventeen
23 thousand dollars but less than nineteen thousand dollars, the amount of
24 the credit shall be no more than two hundred twenty dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10341-01-9
A. 6946 2
1 (vi) If a taxpayer has a gross income equal to or more than fifteen
2 thousand dollars but less than seventeen thousand dollars, the amount of
3 the credit shall be no more than two hundred fifty dollars.
4 (vii) If a taxpayer has a gross income less than fifteen thousand
5 dollars, the amount of the credit shall be no more than three hundred
6 dollars.
7 (viii) For the purposes of married individuals filing joint returns,
8 each individual is entitled to receive the credit proportionate to their
9 gross income provided that it was the individual that actually incurred
10 the qualified fuel expense.
11 (3) Application. (i) The credit allowed under this subsection for any
12 taxable year shall not reduce the tax due for such year to less than
13 zero. Any unused portion of the credit shall not be reimbursed as an
14 overpayment of taxes.
15 (ii) The credit allowed under this subsection shall be taken after all
16 other applicable credits have first been taken.
17 (iii) Any unused portion of the credit shall not be carried over to
18 subsequent taxable years.
19 (4) Definitions. Qualified fuel expense means amounts paid by the
20 taxpayer for a taxable fuel for a personal, non-business use in a vehi-
21 cle on a public highway.
22 § 2. This act shall take effect immediately and shall apply to taxable
23 years commencing on or after such date.
