S00619 Summary:

BILL NOS00619
 
SAME ASSAME AS A05285
 
SPONSORLITTLE
 
COSPNSRMURPHY
 
MLTSPNSR
 
Amd S606, Tax L
 
Establishes a personal income tax credit for a portion of a taxpayer's residential real property taxes which exceeds a certain percentage of the taxpayer's household gross income; provides that the taxpayer shall have resided in such residential real property for not less than 5 years; provides that such credit shall not apply to taxpayers who have claimed the real property tax circuit breaker credit during the taxable year.
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S00619 Actions:

BILL NOS00619
 
01/07/2015REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/06/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S00619 Committee Votes:

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S00619 Floor Votes:

There are no votes for this bill in this legislative session.
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S00619 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           619
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  Sen.  LITTLE -- 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 the school district property
          tax credit and establishing the  maximum  residential  real  property,
          personal income tax credit
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.   Subparagraph (E) of paragraph  1  of  subsection  (e)  of
     2  section  606  of  the  tax law, as amended by chapter 105 of the laws of
     3  2006, is amended to read as follows:
     4    (E) "Qualifying real property taxes" means all  real  property  taxes,
     5  special  ad  valorem levies and special assessments, exclusive of penal-
     6  ties and interest, levied on the residence of a qualified  taxpayer  and
     7  paid  during  the taxable year [less the credit claimed under subsection
     8  (n-1) of this section]. In addition, for taxable years  beginning  after
     9  December thirty-first, nineteen hundred eighty-four, a qualified taxpay-
    10  er  may  elect  to  include  any  additional amount that would have been
    11  levied in the absence of an exemption from real property taxation pursu-
    12  ant to section four hundred sixty-seven of the real property tax law. If
    13  tenant-stockholders in a cooperative housing corporation  have  met  the
    14  requirements of section two hundred sixteen of the internal revenue code
    15  by  which they are allowed a deduction for real estate taxes, the amount
    16  of taxes so allowable, or which would be allowable if the  taxpayer  had
    17  filed  returns on a cash basis, shall be qualifying real property taxes.
    18  If a residence is owned by two or more individuals as joint  tenants  or
    19  tenants  in  common, and one or more than one individual is not a member
    20  of the household, qualifying real property taxes is that  part  of  such
    21  taxes  on  the  residence which reflects the ownership percentage of the
    22  qualified taxpayer and members of his household. If a  residence  is  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00083-01-5

        S. 619                              2
 
     1  integral  part of a larger unit, qualifying real property taxes shall be
     2  limited to that amount of such taxes paid as may  be  reasonably  appor-
     3  tioned  to  such residence. If a household owns and occupies two or more
     4  residences during different periods in the same taxable year, qualifying
     5  real  property  taxes  shall  be the sum of the prorated qualifying real
     6  property taxes attributable to the household  during  the  periods  such
     7  household  occupies  each  of such residences. If the household owns and
     8  occupies a residence for part of the taxable year and rents a  residence
     9  for  part of the same taxable year, it may include both the proration of
    10  qualifying real property taxes on the residence owned and the real prop-
    11  erty tax equivalent with respect to the months the residence is  rented.
    12  Provided,  however,  for  purposes  of  the  credit  allowed  under this
    13  subsection, qualifying real property taxes may be included by  a  quali-
    14  fied  taxpayer  only  to  the extent that such taxpayer or the spouse of
    15  such taxpayer occupying such residence for six months  or  more  of  the
    16  taxable year owns or has owned the residence and paid such taxes.
    17    §  2. Section 606 of the tax law is amended by adding a new subsection
    18  (ccc) to read as follows:
    19    (ccc) Maximum residential real property tax credit.  (1)  Definitions.
    20  For the purposes of this subsection:
    21    (A)  "Qualified taxpayer" means a resident individual of the state who
    22  owns the residential real property in which he or she resides,  and  has
    23  resided in such residential real property for not less than five years.
    24    (B) "Household" means the taxpayer or taxpayers and all other persons,
    25  not necessarily related, who all reside in the residential real property
    26  owned  by  the taxpayer or taxpayers, and share its furnishings, facili-
    27  ties and accommodations; provided that no person may be a member of more
    28  than one household at one time.
    29    (C) "Household gross income" means the aggregate adjusted gross income
    30  of all members of the household for the taxable  year  as  reported  for
    31  federal  income  tax  purposes,  or  which would be reported as adjusted
    32  gross income if a federal income tax return were required to  be  filed,
    33  with  the  modifications in subsection (b) of section six hundred twelve
    34  of this article but without the modifications in subsection (c) of  such
    35  section, plus any portion of the gain from the sale or exchange of prop-
    36  erty  otherwise  excluded  from  such amount; earned income from sources
    37  without the United  States  excludable  from  federal  gross  income  by
    38  section  nine hundred eleven of the internal revenue code; support money
    39  not included in  adjusted  gross  income;  nontaxable  strike  benefits;
    40  supplemental  security  income payments; the gross amount of any pension
    41  or annuity benefits to the extent not included in  such  adjusted  gross
    42  income  (including, but not limited to, railroad retirement benefits and
    43  all payments received under the federal social security act  and  veter-
    44  ans'  disability  pensions); nontaxable interest received from the state
    45  of New York, its agencies, instrumentalities,  public  corporations,  or
    46  political  subdivisions (including a public corporation created pursuant
    47  to agreement or compact with another state or Canada); workers'  compen-
    48  sation;  the gross amount of "loss-of-time" insurance; and the amount of
    49  cash public assistance and relief, other than medical assistance for the
    50  needy, paid to or for the benefit of the qualified taxpayer  or  members
    51  of  his  or  her  household.  Household  gross  income shall not include
    52  surplus foods or other relief in kind or payments  made  to  individuals
    53  because  of  their  status  as victims of Nazi persecution as defined in
    54  Public Law 103-286. Provided, further, household gross income shall only
    55  include all such income received by all members of the  household  while
    56  members of such household.

        S. 619                              3
 
     1    (D)  "Net real property tax" means the real property taxes assessed on
     2  the residential real property owned and  occupied  by  the  taxpayer  or
     3  taxpayers after any exemption or abatement received pursuant to the real
     4  property tax law.
     5    (2) Credit. A qualified taxpayer shall be allowed a credit against the
     6  taxes  imposed  by  this article, equal to seventy percent of the amount
     7  which the taxpayer's net real property tax exceeds the taxpayer's  maxi-
     8  mum  real  property  tax,  as  determined  by  paragraph  three  of this
     9  subsection, provided, however, such credit shall not exceed  five  thou-
    10  sand  dollars.  If such credit exceeds the tax for such taxable year, as
    11  reduced by the other credits permitted by this  article,  the  qualified
    12  taxpayer  may  receive, and the comptroller, subject to a certificate of
    13  the department, shall pay  as  an  overpayment,  without  interest,  any
    14  excess between such tax as so reduced and the amount of the credit. If a
    15  qualified  taxpayer is not required to file a return pursuant to section
    16  six hundred fifty-one of this article, a qualified taxpayer  may  never-
    17  theless  receive  and  the  comptroller, subject to a certificate of the
    18  department, shall pay as an overpayment the full amount of  the  credit,
    19  without interest.
    20    (3) Maximum real property tax. (A) A qualified taxpayer's maximum real
    21  property tax shall be determined as follows:
    22    (i)  In  the  city  of  New York, and the counties of Nassau, Suffolk,
    23  Rockland, Westchester, Putnam, Orange and Dutchess:
 
    24         Household gross income                   Maximum real property tax
 
    25         One hundred twenty thousand              six percent of the
    26         dollars or less                          household gross income
 
    27         More than one hundred                    seven percent of
    28         twenty thousand                          the household
    29         dollars, but                             gross income
    30         less than or equal to
    31         one hundred seventy-five
    32         thousand dollars
 
    33         More than one hundred                    eight percent of
    34         seventy-five thousand                    the household
    35         dollars, but less than                   gross income
    36         or equal to two hundred
    37         fifty thousand dollars
 
    38         More than two hundred                    no limitation.
    39         fifty thousand
    40         dollars
    41    (ii) In all other counties in the state:
 
    42         Household gross                          Maximum real
    43         income                                   property tax
 
    44         Ninety thousand                          six percent of the
    45         dollars or less                          household gross income
 
    46         More than ninety                         seven percent of
    47         thousand dollars, but                    the household
    48         less than or equal to                    gross income

        S. 619                              4
 
     1         one hundred fifty
     2         thousand dollars
 
     3         More than one hundred                    eight percent of
     4         fifty thousand dollars,                  the household
     5         but less than or equal                   gross income
     6         to two hundred fifty thousand
     7         dollars
 
     8         More than two hundred fifty              no limitation.
     9         thousand dollars
    10    (B)  The  thresholds of household gross income for eligibility for the
    11  maximum real property tax credit, established  by  subparagraph  (A)  of
    12  this paragraph, shall be indexed for inflation.
    13    (4) Exclusions from eligibility. No credit shall be granted under this
    14  subsection  if  the  qualified  taxpayer  claims  the  real property tax
    15  circuit breaker credit, pursuant to  subsection  (e)  of  this  section,
    16  during the taxable year.
    17    §  3. This act shall take effect on the first of January next succeed-
    18  ing the date on which it shall have become a law,  and  shall  apply  to
    19  taxable years commencing on or after such date.
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