STATE OF NEW YORK
________________________________________________________________________
3874
2013-2014 Regular Sessions
IN SENATE
February 26, 2013
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law, the tax law, the administra-
tive code of the city of New York and the state finance law, in
relation to establishing a Co-STAR program for seniors and farmers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property tax law is amended by adding two new
2 sections 425-b and 425-c to read as follows:
3 § 425-b. Co-STAR program for senior citizens. 1. Generally. When real
4 property receives the enhanced STAR exemption from school district taxa-
5 tion authorized by section four hundred twenty-five of this title, the
6 property shall be designated as eligible for a Co-STAR assessment on the
7 same assessment roll in the manner provided by this section, and the
8 qualified owner-applicant or owner-applicants shall be entitled to a
9 county tax rebate in the amount and manner provided by section one
10 hundred seventy-seven-a of the tax law. No separate application need be
11 filed for such Co-STAR assessment or rebate.
12 2. Co-STAR assessments. (a) Subject to the provisions of paragraph (b)
13 of this subdivision, the Co-STAR assessment for each eligible parcel
14 shall be equal to the exempt amount determined for purposes of the
15 enhanced STAR exemption authorized by section four hundred twenty-five
16 of this title for the assessing unit in which the parcel is located.
17 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
18 sion, in no event shall the Co-STAR assessment of a parcel exceed the
19 taxable assessed value of that parcel for county purposes.
20 3. Entry on assessment roll; effect. Each parcel which is eligible for
21 a Co-STAR assessment shall be designated as such by the assessor on the
22 assessment roll, provided, however, that a Co-STAR assessment shall not
23 affect the total or taxable assessed value of any parcel for any
24 purpose, and shall not be considered when determining the tax rate of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07274-01-3
S. 3874 2
1 any county or for any purpose other than determining the rebate to which
2 the owner-applicant or owner-applicants are entitled under section one
3 hundred seventy-seven-a of the tax law.
4 4. Payment of Co-STAR rebates. The commissioner of taxation and
5 finance shall pay Co-STAR rebates in the manner provided by section one
6 hundred seventy-seven-a of the tax law.
7 5. Failure to pay county taxes. If the county taxes on an eligible
8 parcel are not paid in full during the applicable county fiscal year,
9 the owner-applicant or owner-applicants shall be subject to the conse-
10 quences specified in subdivision five of section one hundred seventy-
11 seven-a of the tax law, in addition to such other consequences as may be
12 provided by law.
13 6. Exceptions. (a) Cooperative apartment units and mobile homes. When
14 an enhanced STAR exemption is granted pursuant to paragraph (k) of
15 subdivision two of section four hundred twenty-five of this title in
16 relation to a cooperative apartment unit, or pursuant to paragraph (l)
17 of such subdivision in relation to a mobile home which is separately
18 owned from but assessed with the land on which it is located, and such
19 cooperative apartment unit or mobile home is also eligible for a Co-STAR
20 assessment pursuant to this section, the Co-STAR rebate shall be paid
21 directly to the qualified owner-applicant or owner-applicants notwith-
22 standing the fact that the STAR exemption applies to the parcel itself.
23 The assessor shall prepare a list or data file identifying such owner-
24 applicant or owner-applicants, their mailing addresses, and the taxable
25 assessed value for county purposes attributable to their respective
26 cooperative apartment units or mobile homes, and shall submit the same
27 to the commissioner within thirty days after the completion of the final
28 assessment roll. Such list or data file shall be prepared in such form
29 and manner as may be prescribed by the commissioner in consultation with
30 the department of taxation and finance.
31 (b) Counties in certain cities. In the case of a county located wholly
32 within a city with a population of one million or more inhabitants, the
33 Co-STAR assessment associated with each eligible parcel shall be equal
34 to fifty percent of the exempt amount determined for purposes of the
35 enhanced STAR exemption authorized by section four hundred twenty-five
36 of this title for such city after the adjustment required by paragraph
37 (j) of subdivision two of such section.
38 7. Correction of an incorrect entry. An incorrect entry on an assess-
39 ment roll of a Co-STAR assessment may be corrected in the manner
40 provided by law for the correction of an incorrect entry of the STAR
41 exemption authorized by section four hundred twenty-five of this title.
42 A denial of a Co-STAR assessment shall be subject to administrative and
43 judicial review in the manner provided by law for the review of assess-
44 ments.
45 8. Inconsistent laws superseded. The provisions of this section shall
46 apply to all assessing units, excluding village assessing units and
47 cities within a county assessing unit, and to all counties, notwith-
48 standing any provision of law to the contrary.
49 § 425-c. Co-STAR program for farmers. 1. Generally. When real property
50 is the primary residence of an eligible farmer as defined in this
51 section and the requirements of this section are otherwise satisfied,
52 the property shall be designated as eligible for a Co-STAR assessment in
53 the manner provided by this section, and the qualified owner-applicant
54 or owner-applicants shall be entitled to a county tax rebate in the
55 amount and manner provided by section one hundred seventy-seven-a of the
56 tax law.
S. 3874 3
1 2. Co-STAR assessments. (a) Subject to the provisions of paragraph (b)
2 of this subdivision, the Co-STAR assessment for each eligible parcel
3 shall be equal to the exempt amount determined for purposes of the basic
4 STAR exemption authorized by section four hundred twenty-five of this
5 title for the assessing unit in which the parcel is located.
6 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
7 sion, in no event shall the Co-STAR assessment of a parcel exceed the
8 taxable assessed value of that parcel for county purposes.
9 3. Eligibility requirements. To be designated as eligible for a
10 Co-STAR assessment pursuant to this section, the property must be
11 receiving the basic STAR exemption authorized by section four hundred
12 twenty-five of this title on the same assessment roll, and must be owned
13 by, and serve as the primary residence of, an eligible farmer as defined
14 in this section. Provided, however, that a parcel which receives a
15 Co-STAR assessment pursuant to section four hundred twenty-five-a of
16 this title may not also receive a Co-STAR assessment pursuant to this
17 section on the same assessment roll.
18 4. Eligible farmers. For purposes of this section, a person is an
19 eligible farmer if he or she satisfies one or more of the following
20 conditions:
21 (a) He or she is eligible for and has claimed the agricultural proper-
22 ty tax credit authorized by subsection (n) of section six hundred six of
23 the tax law, commonly known as the farmers' school tax credit, on his or
24 her state personal income tax return for the income tax year identified
25 in subparagraph (i) of paragraph (b) of subdivision four of section four
26 hundred twenty-five of this title, provided that nothing contained here-
27 in shall be construed to authorize or require the assessor to verify an
28 applicant's eligibility for such credit; or
29 (b) He or she owns a substantial interest in land which receives, or
30 which is eligible to receive, an agricultural assessment pursuant to
31 section three hundred five or three hundred six of the agriculture and
32 markets law on the current assessment roll. Such land need not be
33 located in the same assessing unit as the eligible farmer's primary
34 residence. For purposes of this section, a person owns a substantial
35 interest in such land if he or she, or his or her spouse:
36 (i) individually owns, or owns jointly with his or her spouse, at
37 least a twenty-five percent interest in such land;
38 (ii) is a partner, with at least a twenty-five percent interest, in a
39 partnership which owns such land; or
40 (iii) owns at least twenty-five percent of the stock of a corporation
41 which owns such land.
42 5. Application procedure. (a) Generally. An eligible farmer must file
43 an application for a Co-STAR assessment with the assessor each year on
44 or before the appropriate taxable status date. Each such application
45 shall be made only on a form prescribed or approved by the commissioner;
46 provided, that effective with the two thousand thirteen assessment roll,
47 the application form for the agricultural assessment shall be designed
48 so that it may also serve as an application for a Co-STAR assessment
49 pursuant to this section, where appropriate.
50 (b) Approval or denial of application. If the assessor is satisfied
51 that a parcel is entitled to a Co-STAR assessment pursuant to this
52 section, he or she shall approve the application. If the assessor deter-
53 mines that a parcel is not entitled to a Co-STAR assessment, he or she
54 shall, not later than ten days prior to the date for hearing complaints
55 in relation to assessments, mail to the applicant a notice of denial of
56 that application for the Co-STAR assessment for that year; except in a
S. 3874 4
1 city with a population of one million or more inhabitants, such notice
2 shall be mailed not later than thirty days prior to the final date for
3 filing an assessment appeal. The notice of denial shall specify each
4 reason for such denial and shall be sent on a form prescribed by the
5 commissioner. Failure to mail any such notice of denial or the failure
6 of any person to receive such notice shall not prevent the levy,
7 collection and enforcement of the taxes on property owned by such
8 person.
9 (c) Confidentiality. Any information or documentation submitted with
10 the application to verify that the applicant has claimed the agricul-
11 tural property tax credit authorized by subsection (n) of section six
12 hundred six of the tax law, commonly known as the farmers' school tax
13 credit, shall be deemed confidential, and the assessor, any municipal
14 officer or municipal employees are prohibited from disclosing any such
15 information, except for any disclosure necessary in the performance of
16 their official duties. Any unauthorized disclosure of such information
17 shall be deemed a violation of section eight hundred five-a of the
18 general municipal law.
19 6. Entry on assessment roll; effect. Each parcel which is eligible for
20 a Co-STAR assessment shall be identified as such by the assessor on the
21 assessment roll, provided, however, that a Co-STAR assessment shall not
22 affect the total or taxable assessed value of any parcel for any
23 purpose, and shall not be considered when determining the tax rate of
24 any county or for any purpose other than determining the rebate to which
25 the owner-applicant or owner-applicants are entitled under section one
26 hundred seventy-seven-a of the tax law.
27 7. Payment of Co-STAR rebates. The commissioner of taxation and
28 finance shall pay Co-STAR rebates in the manner provided by section one
29 hundred seventy-seven-a of the tax law.
30 8. Failure to pay county taxes. If the county taxes on an eligible
31 parcel are not paid in full during the applicable county fiscal year,
32 the owner-applicant or owner-applicants shall be subject to the conse-
33 quences specified in subdivision five of section one hundred seventy-
34 seven-a of the tax law, in addition to such other consequences as may be
35 provided by law.
36 9. Exceptions. (a) Cooperative apartment units and mobile homes. When
37 a STAR exemption is granted pursuant to paragraph (k) of subdivision two
38 of section four hundred twenty-five of this title in relation to a coop-
39 erative apartment unit, or pursuant to paragraph (l) of such subdivision
40 in relation to a mobile home which is separately owned from but assessed
41 with the land on which it is located, and such cooperative apartment
42 unit or mobile home is also eligible for a Co-STAR assessment pursuant
43 to this section, the Co-STAR rebate shall be paid directly to the quali-
44 fied owner-applicant or owner-applicants notwithstanding the fact that
45 the STAR exemption applies to the parcel itself. The assessor shall
46 prepare a list or data file identifying such owner-applicant or owner-
47 applicants, their mailing addresses, and the taxable assessed value for
48 county purposes attributable to their respective cooperative apartment
49 units or mobile homes, and shall submit the same to the commissioner
50 within thirty days after the completion of the final assessment roll.
51 Such list or data file shall be prepared in such form and manner as may
52 be prescribed by the commissioner in consultation with the department of
53 taxation and finance.
54 (b) Counties in certain cities. In the case of a county located wholly
55 within a city with a population of one million or more inhabitants, the
56 Co-STAR assessment associated with each eligible parcel shall be equal
S. 3874 5
1 to fifty percent of the exempt amount determined for purposes of the
2 basic STAR exemption authorized by section four hundred twenty-five of
3 this title for such city after the adjustment required by paragraph (j)
4 of subdivision two of such section.
5 10. Correction of an incorrect entry. An incorrect entry on an
6 assessment roll of a Co-STAR assessment may be corrected in the manner
7 provided by law for the correction of an incorrect entry of the STAR
8 exemption authorized by section four hundred twenty-five of this title.
9 A denial of a Co-STAR assessment shall be subject to administrative and
10 judicial review in the manner provided by law for the review of assess-
11 ments.
12 11. Inconsistent laws superseded. The provisions of this section shall
13 apply to all assessing units, excluding village assessing units and
14 cities within a county assessing unit, and to all counties, notwith-
15 standing any provision of law to the contrary.
16 § 2. The tax law is amended by adding a new section 177-a to read as
17 follows:
18 § 177-a. Co-STAR tax rebates. 1. Payment of rebates. The commissioner
19 shall pay Co-STAR tax rebates, as provided in section four hundred twen-
20 ty-five-b and section four hundred twenty-five-c of the real property
21 tax law, to authorized payees as defined in this section. The amount of
22 each such rebate shall equal the Co-STAR assessment associated with the
23 parcel in question multiplied by the applicable county tax rate. Such
24 payments shall be made as promptly as possible following receipt of the
25 payee identification and other information specified in this section,
26 subject to appropriation by the state legislature. The commissioner
27 shall design, develop and implement a process to review the quality and
28 integrity of the Co-STAR information in his or her possession.
29 2. Authorized payees; mailing addresses. (a) For each eligible proper-
30 ty, the Co-STAR rebate shall be paid to the qualified owner-applicant or
31 owner-applicants, or his, her or their payment designee or designees, if
32 any. In the case of Co-STAR assessments granted pursuant to section four
33 hundred twenty-five-b of the real property tax law, the qualified
34 owner-applicant or owner-applicants shall be the senior citizen or citi-
35 zens who applied for, and were found to satisfy the requirements of, the
36 enhanced STAR exemption authorized by section four hundred twenty-five
37 of the real property tax law. In the case of Co-STAR assessments grant-
38 ed pursuant to section four hundred twenty-five-c of the real property
39 tax law, the qualified owner-applicant or owner-applicants shall be the
40 eligible farmer or farmers who applied for, and were found to satisfy
41 the requirements of, the Co-STAR assessment authorized by section four
42 hundred twenty-five-c of the real property tax law.
43 (b) The Co-STAR rebate shall be mailed to the mailing address provided
44 either on the application form for the enhanced STAR exemption submitted
45 pursuant to section four hundred twenty-five of the real property tax
46 law, or on the Co-STAR application form submitted pursuant to section
47 four hundred twenty-five-c of the real property tax law, as the case may
48 be, or as otherwise reliably obtained by the department.
49 3. Reporting of data to department. (a) When developing or maintaining
50 its data base for purposes of administering its responsibilities under
51 this section, the department shall utilize to the maximum extent possi-
52 ble data extracted from the assessment roll data files submitted to the
53 commissioner pursuant to article fifteen-C of the real property tax law.
54 On or before November first of each year, the commissioner shall ascer-
55 tain from such data files, the identification numbers of the parcels
56 designated thereon as eligible for Co-STAR assessments, the names of the
S. 3874 6
1 owners of each such parcel as appearing thereon, the taxable assessed
2 value for county purposes of each such parcel as appearing thereon, and
3 the assessing unit in which each such parcel is located.
4 (b) For purposes of administering its responsibilities under this
5 section in relation to cooperative apartment units and mobile homes, the
6 department shall also utilize data extracted from the lists and data
7 files submitted to the commissioner by assessors pursuant to paragraph
8 (a) of subdivision six of section four hundred twenty-five-b of the real
9 property tax law and paragraph (a) of subdivision nine of section four
10 hundred twenty-five-c of the real property tax law. On or before Novem-
11 ber first of each year, the commissioner shall ascertain from such lists
12 and data files, the names and addresses of the owner-applicants as shown
13 thereon, their mailing addresses as shown thereon, the taxable assessed
14 value for county purposes attributable to their respective cooperative
15 apartment units or mobile homes, and the assessing unit in which each
16 such cooperative apartment unit or mobile home is located.
17 (c) The county treasurer of each county shall certify to the commis-
18 sioner, no later than the thirty-first day of January of each county
19 fiscal year, the county tax rates applicable to each city and town with-
20 in the county for that fiscal year. In the case of a county located
21 wholly within a city with a population of one million or more inhabit-
22 ants, the commissioner of finance of such city shall make such certif-
23 ication; provided that the tax rate to be provided thereunder, and used
24 to compute Co-STAR rebates pursuant to this section, shall be a compos-
25 ite of the tax rates for both city and school district purposes.
26 (d) In addition to receiving data pursuant to paragraphs (a), (b) and
27 (c) of this subdivision, the department may enter into agreements with
28 local assessors, with county treasurers, or with some or all of such
29 parties, for the reporting to the department of such other data as may
30 be required for its administration of the Co-STAR tax rebate program.
31 Nothing contained in this section shall be construed to preclude the
32 department from collecting directly from putative payees such data as it
33 shall deem appropriate.
34 (e) Information provided to or prepared by the department pursuant to
35 this section shall not be used for any purpose other than administration
36 of the Co-STAR program, and such information shall not be redisclosed
37 other than for the purpose of administering such program nor shall the
38 provisions of article six of the public officers law apply to any such
39 information.
40 4. Limitations. Payment of a rebate upon the information provided to
41 it, or denial of or failure to pay a rebate based on such information,
42 shall relieve the commissioner and the department from all liability to
43 any owner of the property, or the estate, trust, assigns, successors,
44 heirs or representatives of any such owner, or any other person, with
45 respect to such payment, and such persons shall have no right to
46 commence a court action or proceeding or to any other legal recourse
47 against the state, the commissioner, the department, or any officer or
48 employee of state or local government involved in the administration of
49 this program, to recover such payment.
50 5. Failure to pay county taxes. (a) After the conclusion of each coun-
51 ty fiscal year, the county treasurer of each county shall submit to the
52 commissioner a list identifying all parcels with respect to which the
53 county taxes for that fiscal year remained unpaid as of the end of that
54 fiscal year. In the case of a county located wholly within a city with a
55 population of one million or more inhabitants, such list shall be
56 submitted by the commissioner of finance of such city and shall identify
S. 3874 7
1 all parcels with respect to which the city taxes for that fiscal year
2 remained unpaid as of the end of that fiscal year. Such list shall be
3 submitted to the commissioner when submitting the report described in
4 paragraph (c) of subdivision three of this section.
5 (b) Upon receiving such a list, the commissioner shall withhold any
6 future Co-STAR rebate payments to the owner-applicants in relation to
7 any parcels on the list until receiving confirmation that all outstand-
8 ing county taxes on the parcel in question have been paid in full. It
9 shall be the responsibility of the owner-applicant to obtain such
10 confirmation in writing from the county treasurer, and to provide the
11 same to the department in such manner as the commissioner may prescribe.
12 After receiving such confirmation, any withheld rebates for which the
13 owner-applicant is eligible and has timely applied shall be released and
14 future rebate payments may be made, subject to continued eligibility and
15 continuous payment of future county taxes. No interest shall be paid or
16 payable on any withheld rebates that are so released. The commissioner
17 may schedule the processing of requests for the release of withheld
18 rebates so as to allow payments to be collectively authorized for this
19 purpose no more frequently than twice per calendar year.
20 (c) If such confirmation is not received within a time period to be
21 determined by the commissioner, the commissioner may revoke the Co-STAR
22 rebate for the county fiscal year identified in paragraph (a) of this
23 subdivision and recapture the applicable amount in the manner prescribed
24 by subdivision seven of this section.
25 6. Erroneous rebates; replacement checks. The commissioner may, in his
26 or her discretion, seek to recover any erroneous rebate by notifying the
27 payee of the amount thereof. If such erroneous rebate is not returned
28 within thirty days, the commissioner is authorized to treat the errone-
29 ous rebate as an erroneous refund of income tax pursuant to the
30 provisions of paragraph five of subsection (c) of section six hundred
31 eighty-three of this chapter and such amounts, when collected, shall be
32 deposited as provided in subdivision one of section one hundred seven-
33 ty-one-a of this article, as if such amounts were taxes collected under
34 an article of this chapter referred to in such subdivision. Where the
35 commissioner finds that an original rebate check has been misdirected
36 for reasons beyond the control of the authorized payee, he or she may
37 issue a new rebate check to the authorized payee.
38 7. Regulations. The commissioner shall be authorized to make such
39 rules and regulations as may be deemed necessary for the performance of
40 his or her duties under this section, including but not limited to rules
41 and regulations relating to standards and procedures for furnishing data
42 to the department.
43 § 3. Processing of Co-STAR assessments for senior citizens on the
44 assessment roll. (a) Notwithstanding the provisions of section 425-b of
45 the real property tax law, as added by section one of this act, parcels
46 which are eligible for Co-STAR assessments pursuant to such section
47 shall not be designated as such on the 2012 assessment roll. In lieu
48 thereof, upon receipt of the 2012 assessment roll data file submitted to
49 it pursuant to section 1590 of the real property tax law, the commis-
50 sioner of taxation and finance shall identify the parcels thereon which
51 are receiving the enhanced STAR exemption pursuant to section 425 of the
52 real property tax law, shall ascertain the taxable assessed value for
53 county purposes of each such parcel, and shall forward such information
54 to the department of taxation and finance, together with the maximum
55 allowable Co-STAR assessments for each assessing unit.
S. 3874 8
1 (b) Notwithstanding the provisions of section 177-a of the tax law, as
2 added by section two of this act, for purposes of issuing rebates of
3 county taxes for the county fiscal year beginning in 2013, the depart-
4 ment of taxation and finance may presume that the qualified owner-appli-
5 cant or owner-applicants were the property owner or owners as of the
6 applicable taxable status date, as shown on the assessment roll data
7 file filed with the commissioner of taxation and finance pursuant to
8 article 15-C of the real property tax law, and may further presume that
9 the appropriate mailing addresses are the owners' addresses shown there-
10 on.
11 (c) When property which is eligible for a Co-STAR assessment pursuant
12 to this section constitutes a cooperative apartment unit or a mobile
13 home which is subject to the provisions of paragraph (a) of subdivision
14 6 of section 425-b of the real property tax law, as added by section one
15 of this act, the assessor shall not be required to file the list or data
16 file required by such paragraph until the one hundred twentieth day
17 after the effective date of this act, notwithstanding any provision in
18 such subdivision to the contrary.
19 § 3-a. Processing of Co-STAR assessments for farmers assessment roll.
20 (a) Application period for 2013. Notwithstanding any provision of law
21 to the contrary, eligible farmers may submit applications for Co-STAR
22 assessments pursuant to section 425-c of the real property tax law, as
23 added by section one of this act, on the 2013 assessment roll until the
24 ninetieth day after the effective date of this act. Each assessor is
25 hereby authorized and directed to review and grant such applications as
26 appropriate no later than the one hundred twentieth day after the effec-
27 tive date of this act. Provided, however, that in lieu of making entries
28 directly on the 2013 assessment roll, the assessor shall prepare a sepa-
29 rate list or data file identifying the eligible parcels in such form and
30 manner as may be prescribed by the commissioner of taxation and finance.
31 No later than the one hundred twentieth day after the effective date of
32 this act, the assessor shall forward such list or data file to the
33 department of taxation and finance, together with the maximum allowable
34 Co-STAR assessment for each assessing unit.
35 (b) Notice and review of denial for 2013. If an assessor should
36 determine that a Co-STAR application submitted pursuant to this section
37 should be denied, he or she shall so notify the applicant by certified
38 mail, return receipt requested, no later than the one hundred twentieth
39 day after the effective date of this act. No later than 10 days after
40 the mailing of such notice, the applicant may file a written complaint
41 with the assessor. The provisions of section 553 of the real property
42 tax law shall apply to the extent practicable to the review of such a
43 complaint.
44 (c) For 2014 notwithstanding the provisions of section 177-a of the
45 tax law, as added by section two of this act, for purposes of issuing
46 rebates of county taxes for the county fiscal year beginning in 2014,
47 the department of taxation and finance may presume that the qualified
48 owner-applicant or owner-applicants were the property owner or owners as
49 of the applicable taxable status date, as shown on the assessment roll
50 data file filed with the commissioner of taxation and finance pursuant
51 to article 15-C of the real property tax law, or on the list or data
52 file forwarded to such commissioner pursuant to subdivision (a) of this
53 section, and may further presume that the appropriate mailing addresses
54 are the owners' addresses shown thereon.
55 (d) When property which is eligible for a Co-STAR assessment pursuant
56 to this section constitutes a cooperative apartment unit or a mobile
S. 3874 9
1 home which is subject to the provisions of paragraph (a) of subdivision
2 9 of section 425-c of the real property tax law, as added by section one
3 of this act, the assessor shall not be required to file the list or data
4 file required by such paragraph until the one hundred twentieth day
5 after the effective date of this act, notwithstanding any provision in
6 such subdivision to the contrary.
7 § 4. Subsection (e) of section 1310 of the tax law, as added by chap-
8 ter 481 of the laws of 1997, is relettered subsection (g) and a new
9 subsection (h) is added to read as follows:
10 (h) City Co-STAR credit. (1) For taxable years beginning after two
11 thousand thirteen, a city Co-STAR credit shall be allowed for taxpayers
12 who have attained the age of sixty-five on or before the close of the
13 taxable year. The credit shall be allowed against the taxes authorized
14 by this article reduced by the credits permitted by this article. If the
15 credit exceeds the tax as so reduced, the taxpayer may receive, and the
16 comptroller, subject to a certificate of the commissioner, shall pay as
17 an overpayment, without interest, the amount of such excess. For
18 purposes of this subsection, no credit shall be granted to an individual
19 with respect to whom a deduction under subsection (c) of section one
20 hundred fifty-one of the internal revenue code is allowable to another
21 taxpayer for the taxable year.
22 (2) The credit shall be determined under this paragraph.
23 (A) Married individuals filing joint returns and surviving spouses. In
24 the case of a husband and wife who make a single return jointly and of a
25 surviving spouse:
26 For taxable years two thousand thirteen and after the credit shall be
27 one hundred twenty dollars.
28 (B) All others. In the case of an unmarried individual, a head of a
29 household or a married individual filing a separate return:
30 For taxable years two thousand thirteen and after the credit shall be
31 sixty dollars.
32 § 5. Subdivision (c) of section 11-1706 of the administrative code of
33 the city of New York, as added by chapter 481 of the laws of 1997, is
34 relettered subdivision (f) and a new subdivision (g) is added to read as
35 follows:
36 (g) City Co-STAR credit. (1) For taxable years beginning after two
37 thousand thirteen, a city Co-STAR credit shall be allowed for taxpayers
38 who have attained the age of sixty-five on or before the close of the
39 taxable year. The credit shall be allowed against the taxes imposed by
40 this chapter reduced by the credits permitted by this chapter. If the
41 credit exceeds the tax as so reduced, the taxpayer may receive, and the
42 state comptroller, subject to a certificate of the state commissioner of
43 taxation and finance, shall pay as an overpayment, without interest, the
44 amount of such excess. For purposes of this subdivision, no credit shall
45 be granted to an individual with respect to whom a deduction under
46 subsection (c) of section one hundred fifty-one of the internal revenue
47 code is allowable to another taxpayer for the taxable year.
48 (2) The credit shall be determined under this paragraph.
49 (A) Married individuals filing joint returns and surviving spouses. In
50 the case of a husband and wife who make a single return jointly and of a
51 surviving spouse:
52 For taxable years two thousand thirteen and after the credit shall be
53 one hundred twenty dollars.
54 (B) All others. In the case of an unmarried individual, a head of a
55 household or a married individual filing a separate return:
S. 3874 10
1 For taxable years two thousand thirteen and after the credit shall be
2 sixty dollars.
3 § 6. The state finance law is amended by adding a new section 85 to
4 read as follows:
5 § 85. Co-STAR fund. 1. There is hereby established in the sole custody
6 of the commissioner of taxation and finance a special fund to be known
7 as the Co-STAR fund.
8 2. Such fund shall consist of all monies credited or transferred ther-
9 eto from the general fund or from any other fund or sources pursuant to
10 law.
11 3. The monies of the fund shall be available for payment of Co-STAR
12 rebates authorized by section one hundred seventy-seven-a of the tax
13 law, and notwithstanding any other provision of law, shall be paid out
14 on checks issued and signed solely by the commissioner of taxation and
15 finance.
16 § 7. This act shall take effect immediately, provided, however:
17 (a) Section one of this act shall apply to assessment rolls filed in
18 2014 and thereafter; and
19 (b) Section two of this act shall apply to county fiscal years begin-
20 ning in 2015 and thereafter.
