S07793 Summary:

BILL NOS07793
 
SAME ASNo same as
 
SPONSORRULES
 
COSPNSR
 
MLTSPNSR
 
Amd SS467-a & 489, RPT L; amd S11-1706, NYC Ad Cd
 
Relates to certain tax credits and exemptions in a city having a population of one million or more.
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S07793 Actions:

BILL NOS07793
 
06/18/2012REFERRED TO RULES
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S07793 Floor Votes:

There are no votes for this bill in this legislative session.
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S07793 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7793
 
                    IN SENATE
 
                                      June 18, 2012
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN ACT to amend the real property tax law and the administrative code of
          the city of New York, in relation to a partial abatement of real prop-
          erty taxes for condominiums and cooperatives in a city having a  popu-

          lation  of one million or more, and a credit against the New York city
          personal income tax for S corporations in such city; and to amend  the
          real property tax law in relation to exemption from taxation on alter-
          ations and improvements to multiple dwellings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 467-a of the real
     2  property tax law, as added by chapter  273  of  the  laws  of  1996,  is
     3  amended to read as follows:
     4    (a)  "Applicant"  means  the board of managers of a condominium or the
     5  board of directors of  a  cooperative  apartment  corporation,  provided
     6  that, in addition, the commissioner of finance may by rule designate the
     7  owner of a dwelling unit as an applicant.

     8    §  2.  Paragraphs (a) and (b) of subdivision 2 of section 467-a of the
     9  real property tax law, as added by chapter 273 of the laws of 1996,  are
    10  amended to read as follows:
    11    (a)  In  a  city  having a population of one million or more, dwelling
    12  units owned by unit owners who, as  of  the  applicable  taxable  status
    13  date,  own no more than three dwelling units in any one property held in
    14  the condominium form of  ownership,  shall  be  eligible  to  receive  a
    15  partial abatement of real property taxes, as set forth in paragraphs (c)
    16  [and], (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
    17  sion; provided, however, that a property held in the condominium form of
    18  ownership  that  is  receiving  complete  or  partial  real property tax
    19  exemption or tax abatement pursuant to any other provision of this chap-

    20  ter or any other state or local law, except as provided in paragraph (f)
    21  of this subdivision, shall not be eligible to receive a  partial  abate-
    22  ment  pursuant  to  this  section;  and provided, further, that sponsors
    23  shall not be eligible to receive a partial abatement  pursuant  to  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16341-02-2

        S. 7793                             2
 
     1  section;  and  provided, further, that in the fiscal years commencing in
     2  calendar years two thousand thirteen,  two  thousand  fourteen  and  two
     3  thousand  fifteen,  no more than a maximum of three dwelling units owned

     4  by  any  unit  owner, one of which must be the primary residence of such
     5  unit owner and all of which must be in the same property  in  which  the
     6  primary  residence  is  located,  shall be eligible to receive a partial
     7  abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this
     8  subdivision.
     9    (b)  In  a  city  having a population of one million or more, dwelling
    10  units owned by tenant-stockholders who, as  of  the  applicable  taxable
    11  status  date,  own no more than three dwelling units in any one property
    12  held in the cooperative form of ownership, shall be eligible to  receive
    13  a  partial  abatement of real property taxes, as set forth in paragraphs
    14  (c) [and], (d), (d-1), (d-2), (d-3), (d-4),  (d-5)  and  (d-6)  of  this

    15  subdivision;  provided, however, that a property held in the cooperative
    16  form of ownership that is receiving complete or  partial  real  property
    17  tax  exemption  or tax abatement pursuant to any other provision of this
    18  chapter or any other state or local law, except as provided in paragraph
    19  (f) of this subdivision, shall not be  eligible  to  receive  a  partial
    20  abatement pursuant to this section; and provided, further, that sponsors
    21  shall  not  be  eligible to receive a partial abatement pursuant to this
    22  section; and provided, further, that in the fiscal years  commencing  in
    23  calendar  years  two  thousand  thirteen,  two thousand fourteen and two
    24  thousand fifteen, no more than a maximum of three dwelling  units  owned
    25  by any tenant-stockholder, one of which must be the primary residence of

    26  such tenant-stockholder and all of which must be in the same property in
    27  which  the  primary residence is located, shall be eligible to receive a
    28  partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)  and  (d-4)
    29  of this subdivision.  For purposes of this section, a tenant-stockholder
    30  of a cooperative apartment corporation shall be deemed to own the dwell-
    31  ing  unit  which  is  represented  by his or her shares of stock in such
    32  corporation. Any abatement so granted shall be credited by the appropri-
    33  ate taxing authority against the tax due on the property as a whole. The
    34  reduction in real property taxes received thereby shall be  credited  by
    35  the  cooperative  apartment corporation against the amount of such taxes
    36  attributable to eligible dwelling units at the time of receipt.

    37    § 3. Subparagraph (xvi) of paragraph (c) of subdivision 2  of  section
    38  467-a  of the real property tax law, as added by chapter 109 of the laws
    39  of 2008, is amended and a new subparagraph (xvii) is added  to  read  as
    40  follows:
    41    (xvi)  twenty-five  percent  in the fiscal year commencing in calendar
    42  year two thousand eleven[.];
    43    (xvii) twenty-five percent in the fiscal year commencing  in  calendar
    44  year two thousand twelve.
    45    §  4.  Subparagraph (xvi) of paragraph (d) of subdivision 2 of section
    46  467-a of the real property tax law, as added by chapter 109 of the  laws
    47  of  2008,  is  amended and a new subparagraph (xvii) is added to read as
    48  follows:
    49    (xvi) seventeen and one-half percent in the fiscal year commencing  in
    50  calendar year two thousand eleven[.];

    51    (xvii) seventeen and one-half percent in the fiscal year commencing in
    52  calendar year two thousand twelve.
    53    §  5.  Subdivision  2 of section 467-a of the real property tax law is
    54  amended by adding six new paragraphs (d-1), (d-2), (d-3),  (d-4),  (d-5)
    55  and (d-6) to read as follows:

        S. 7793                             3
 
     1    (d-1)  In  any  fiscal  year  commencing in calendar year two thousand
     2  thirteen, two thousand  fourteen  and  two  thousand  fifteen,  eligible
     3  dwelling  units  in  property  whose average unit assessed value is less
     4  than or equal to fifty thousand dollars shall receive a  partial  abate-
     5  ment  of the real property taxes attributable to or due on such dwelling
     6  units of twenty-five percent.

     7    (d-2) In any fiscal year commencing  in  calendar  year  two  thousand
     8  thirteen,  two  thousand  fourteen  and  two  thousand fifteen, eligible
     9  dwelling units in property whose average unit  assessed  value  is  more
    10  than fifty thousand dollars, but less than or equal to thirty-five thou-
    11  sand  dollars,  shall  receive  a partial abatement of the real property
    12  taxes attributable to or due on such dwelling units  of  twenty-two  and
    13  one-half percent.
    14    (d-3)  In  any  fiscal  year  commencing in calendar year two thousand
    15  thirteen, two thousand  fourteen  and  two  thousand  fifteen,  eligible
    16  dwelling  units  in  property  whose average unit assessed value is more
    17  than fifty-five thousand dollars, but less than or equal to sixty  thou-

    18  sand  dollars,  shall  receive  a partial abatement of the real property
    19  taxes attributable to or due on such dwelling units of twenty percent.
    20    (d-4) In any fiscal year commencing  in  calendar  year  two  thousand
    21  thirteen,  two  thousand  fourteen  and  two  thousand fifteen, eligible
    22  dwelling units in property whose average unit  assessed  value  is  more
    23  than  sixty  thousand  dollars  shall receive a partial abatement of the
    24  real property taxes attributable to or due on  such  dwelling  units  of
    25  seventeen and one-half percent.
    26    (d-5)  In  the  fiscal years commencing in calendar years two thousand
    27  thirteen and two thousand fourteen,  dwelling  units  that  received  an

    28  abatement  pursuant  to  this  section  in the fiscal year commencing in
    29  calendar year two thousand twelve and that  are  not  eligible  dwelling
    30  units  under  paragraph (d-1), (d-2), (d-3) or (d-4) of this subdivision
    31  and that have an average unit assessed value that is less than or  equal
    32  to  fifteen  thousand  dollars  shall receive a partial abatement of the
    33  real property taxes attributable to or due on  such  dwelling  units  of
    34  twelve and one half percent, and six and twenty-five hundredths percent,
    35  respectively.
    36    (d-6)  In  the  fiscal years commencing in calendar years two thousand
    37  thirteen and two thousand fourteen,  dwelling  units  that  received  an
    38  abatement  pursuant  to  this  section  in the fiscal year commencing in

    39  calendar year two thousand twelve and that  are  not  eligible  dwelling
    40  units  under  paragraph (d-1), (d-2), (d-3) or (d-4) of this subdivision
    41  and that have an average  unit  assessed  value  that  is  greater  than
    42  fifteen  thousand  dollars shall receive a partial abatement of the real
    43  property taxes attributable to or due on such dwelling  units  of  eight
    44  and  seventy-five  hundredths percent, and four and three hundred seven-
    45  ty-five thousandths percent, respectively.
    46    § 6. Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a  of
    47  the  real property tax law, paragraphs (a) and (c) as amended by chapter
    48  109 of the laws of 2008, and paragraph (b) as amended by  section  6  of
    49  part  LL  of  chapter  407  of  the laws of 1999, are amended to read as
    50  follows:

    51    (a) An application for an abatement pursuant to this section  for  the
    52  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
    53  shall be made no later than the fifteenth  day  of  September,  nineteen
    54  hundred  ninety-six.  An  application  for an abatement pursuant to this
    55  section for the fiscal year commencing in calendar year nineteen hundred
    56  ninety-seven shall be made no later than the first day of  April,  nine-

        S. 7793                             4
 
     1  teen  hundred  ninety-seven. An application for an abatement pursuant to
     2  this section for the fiscal year commencing in  calendar  year  nineteen
     3  hundred ninety-eight shall be made no later than the first day of April,
     4  nineteen  hundred ninety-eight. An application for an abatement pursuant
     5  to this section for the fiscal year commencing in calendar year nineteen

     6  hundred ninety-nine shall be made in accordance  with  this  subdivision
     7  and subdivision three-a of this section. An application for an abatement
     8  pursuant to this section for the fiscal year commencing in calendar year
     9  two  thousand shall be made no later than the fifteenth day of February,
    10  two thousand. An application for an abatement pursuant to  this  section
    11  for  the  fiscal year commencing in calendar year two thousand one shall
    12  be made in accordance with this subdivision and subdivision  three-b  of
    13  this  section.  An application for an abatement pursuant to this section
    14  for the fiscal year commencing in calendar year two thousand  two  shall
    15  be  made  no later than the fifteenth day of February, two thousand two.
    16  An application for an abatement pursuant to this section for the  fiscal
    17  year  commencing  in  calendar  year two thousand three shall be made no

    18  later than the fifteenth day of February, two thousand three. An  appli-
    19  cation  for  an  abatement  pursuant to this section for the fiscal year
    20  commencing in calendar year two thousand four shall be made  in  accord-
    21  ance  with  this subdivision and subdivision three-c of this section. An
    22  application for an abatement pursuant to this  section  for  the  fiscal
    23  year  commencing  in  calendar  year  two thousand five shall be made no
    24  later than the fifteenth day of February, two thousand five. An applica-
    25  tion for an abatement pursuant to  this  section  for  the  fiscal  year
    26  commencing in calendar year two thousand six shall be made no later than
    27  the  fifteenth  day of February, two thousand six. An application for an
    28  abatement pursuant to this section for the  fiscal  year  commencing  in
    29  calendar  year  two  thousand  seven  shall  be  made  no later than the

    30  fifteenth day of February, two thousand seven.  An  application  for  an
    31  abatement  pursuant  to  this  section for the fiscal year commencing in
    32  calendar year two thousand eight shall be made in accordance  with  this
    33  subdivision  and subdivision three-d of this section. An application for
    34  an abatement pursuant to this section for the fiscal year commencing  in
    35  calendar  year  two  thousand  nine  shall  be  made  no  later than the
    36  fifteenth day of February, two thousand  nine.  An  application  for  an
    37  abatement  pursuant  to  this  section for the fiscal year commencing in
    38  calendar year two thousand ten shall be made no later than the fifteenth
    39  day of February, two thousand  ten.  An  application  for  an  abatement
    40  pursuant to this section for the fiscal year commencing in calendar year
    41  two  thousand  eleven  shall  be made no later than the fifteenth day of

    42  February, two thousand eleven.  An application for an abatement pursuant
    43  to this section for the fiscal year  commencing  in  calendar  year  two
    44  thousand  twelve  shall  be made in accordance with this subdivision and
    45  subdivision three-e of this section.  The date or dates by which  appli-
    46  cations  for an abatement pursuant to this section shall be made for the
    47  fiscal years commencing in calendar years  two  thousand  thirteen,  two
    48  thousand  fourteen  and two thousand fifteen shall be established by the
    49  commissioner of finance by rule, provided that such date or dates  shall
    50  not  be  later than the fifteenth day of February for each such calendar
    51  year. The commissioner of finance may determine by rule  the  nature  of

    52  the  information  to  be  included  on such applications and may deny an
    53  abatement pursuant to this section  for  failure  to  comply  with  such
    54  rules.
    55    (b)  An application for an abatement pursuant to this section shall be
    56  submitted to the commissioner of finance by the board of managers  of  a

        S. 7793                             5
 
     1  condominium  or the board of directors of a cooperative apartment corpo-
     2  ration, provided that the commissioner of finance may  by  rule  require
     3  the  owner  of  a  dwelling  unit to submit an application to supplement
     4  information  contained  in  the  application  submitted  by the board of
     5  managers of a condominium or the board of  directors  of  a  cooperative

     6  apartment  corporation and may by rule apply and adjust, as appropriate,
     7  any provisions of this section that relate to applications submitted  by
     8  such boards to applications submitted by such owners.
     9    (c)  No abatement pursuant to this section shall be granted unless the
    10  applicant files an application for an abatement within the time  periods
    11  prescribed  in paragraph (a) of this subdivision or subdivision three-a,
    12  three-b, three-c [or], three-d or three-e  of  this  section,  provided,
    13  however,  that  the  commissioner  of finance may, for good cause shown,
    14  extend the time for filing an application.
    15    § 7. Section 467-a of the real property tax law is amended by adding a
    16  new subdivision 3-e to read as follows:
    17    3-e. (a) An applicant whose property  did  not  receive  an  abatement

    18  pursuant to this section for the fiscal year commencing in calendar year
    19  two  thousand eleven shall submit an application for an abatement pursu-
    20  ant to this section for the fiscal year commencing in calendar year  two
    21  thousand twelve no later than sixty days following the effective date of
    22  this subdivision.
    23    (b)  The abatement for the fiscal year commencing in calendar year two
    24  thousand twelve of a cooperative apartment corporation that received  an
    25  abatement  pursuant  to  this  section for the fiscal year commencing in
    26  calendar year two thousand eleven  and  that  submitted  an  information
    27  return  on  or  before  February  fifteenth,  two  thousand twelve, that
    28  included an election by the  board  of  directors  of  such  cooperative

    29  apartment corporation that such information return be deemed an applica-
    30  tion  for  an  abatement  pursuant to this section for such fiscal year,
    31  shall be based on the information contained in such information return.
    32    (c) The abatement for the fiscal year commencing in calendar year  two
    33  thousand  twelve of a cooperative apartment corporation that received an
    34  abatement pursuant to this section for the  fiscal  year  commencing  in
    35  calendar  year  two  thousand  eleven  and that submitted an information
    36  return on or before February fifteenth, two thousand  twelve,  that  did
    37  not  include  an  election by the board of directors of such cooperative
    38  apartment corporation that such information return be deemed an applica-

    39  tion for an abatement pursuant to this section  for  such  fiscal  year,
    40  shall be based on the information contained in the application submitted
    41  in  two thousand eleven or on the information contained in such informa-
    42  tion return, or both, provided that  nothing  in  this  paragraph  shall
    43  authorize  or  require the commissioner of finance to grant an abatement
    44  with respect to a property or a dwelling unit that is not eligible as of
    45  the applicable taxable status date for the  fiscal  year  commencing  in
    46  calendar year two thousand twelve.
    47    (d)  The board of managers of a condominium that received an abatement
    48  pursuant to this section for the fiscal year commencing in calendar year

    49  two thousand eleven shall submit an application for an abatement  pursu-
    50  ant  to this section for the fiscal year commencing in calendar year two
    51  thousand twelve no later than sixty days following the effective date of
    52  this subdivision. If such board of managers does not submit such  appli-
    53  cation  within  sixty days following the effective date of this subdivi-
    54  sion, then the abatement for the fiscal year commencing in calendar year
    55  two thousand twelve for such condominium shall be based on the  informa-
    56  tion  contained  in  the  application  submitted in two thousand eleven,

        S. 7793                             6
 
     1  provided that nothing in this paragraph shall authorize or  require  the

     2  commissioner of finance to grant an abatement with respect to a property
     3  or  a  dwelling  unit  that is not eligible as of the applicable taxable
     4  status date for the fiscal year commencing in calendar year two thousand
     5  twelve.
     6    §  8.  Subdivision 7 of section 467-a of the real property tax law, as
     7  added by chapter 273 of the laws of 1996, is amended to read as follows:
     8    7. The commissioner of finance shall be authorized to promulgate rules
     9  necessary to effectuate the purposes of this section.    Notwithstanding
    10  any  other provision of law to the contrary, such rules may include, but
    11  need not be limited to, denial, termination or revocation of any  abate-
    12  ment pursuant to this section if any dwelling unit in a property held in

    13  the  condominium form of ownership or a property held in the cooperative
    14  form of ownership has real property  taxes,  water  and  sewer  charges,
    15  payments  in  lieu  of  taxes  or other municipal charges due and owing,
    16  unless such real property taxes, water and sewer  charges,  payments  in
    17  lieu  of  taxes  or  other municipal charges are currently being paid in
    18  timely installments pursuant to a written agreement with the  department
    19  of finance or other appropriate agency.
    20    §  9.  Subdivision 8 of section 467-a of the real property tax law, as
    21  amended by chapter 453 of the laws  of  2011,  is  amended  to  read  as
    22  follows:
    23    8. Except to the extent that the owner of a dwelling unit of a proper-
    24  ty  situated  in  a  city having a population of one million or more may

    25  request a redacted copy of any application or statements  pertaining  to
    26  such dwelling unit, as provided in subdivision four of this section, the
    27  information contained in applications or statements in connection there-
    28  with  filed  with  the  commissioner  of finance pursuant to subdivision
    29  three, three-a, three-b  [or],  three-c,  three-d  or  three-e  of  this
    30  section  shall  not  be  subject  to disclosure under article six of the
    31  public officers law.
    32    § 10. Section 467-a of the real property tax law is amended by  adding
    33  a new subdivision 9 to read as follows:
    34    9.  The  commissioner  of  finance  shall be authorized to prepare and
    35  submit amended tax bills to taxpayers to reflect any adjustments  neces-
    36  sary  to  apply the partial abatement received pursuant to this section.

    37  If a condominium or cooperative has paid an  amount  that  is  different
    38  than the amount due on any amended tax bill, the commissioner of finance
    39  may waive any interest otherwise due on such amount.
    40    §  11.  Section  11-1706 of the administrative code of the city of New
    41  York is amended by adding a new subdivision (f) to read as follows:
    42    (f) Credit for general corporation tax paid.    (1)  A  city  resident
    43  individual,  estate or trust whose city adjusted gross income includes a
    44  pro rata share of income, loss and deductions described in paragraph one
    45  of subsection (a) of section thirteen hundred sixty-six of the  internal
    46  revenue  code,  from  one  or more New York S corporations as defined in
    47  subdivision one-A of section two hundred eight of the tax law,  or  from

    48  one or more QSSSs as defined in subdivision one-B of section two hundred
    49  eight  of  the tax law, that are exempt QSSSs by reason of clause (A) of
    50  subparagraph one of paragraph (k) of subdivision  nine  of  section  two
    51  hundred  eight  of  the tax law, on which a tax is imposed by subchapter
    52  two of chapter six of this title, shall be allowed a credit as  provided
    53  in paragraph two of this subdivision against the tax otherwise due under
    54  sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter.

        S. 7793                             7
 
     1    (2)(A)  Subject  to the limitations set forth in subparagraphs (B) and
     2  (C) of this paragraph, the credit allowed to a taxpayer  for  a  taxable

     3  year under this subdivision shall be determined as follows:
     4    (i)  For  taxable years beginning on or after January first, two thou-
     5  sand fifteen:
     6    (I) If the city taxable income is forty-two thousand dollars or  less,
     7  the  amount  of  the  credit  shall be one hundred percent of the amount
     8  determined in paragraph three of this subdivision.
     9    (II) If the city taxable income is  greater  than  forty-two  thousand
    10  dollars  but less than two hundred fifty thousand dollars, the amount of
    11  the credit shall be a percentage of the amount determined  in  paragraph
    12  three of this subdivision, such percentage to be determined by subtract-
    13  ing  from  one  hundred  percent, a percentage determined by subtracting

    14  forty-two thousand dollars from city taxable income, dividing the result
    15  by two hundred eight thousand dollars and  multiplying  by  one  hundred
    16  percent.
    17    (III) If the city taxable income is two hundred fifty thousand dollars
    18  or greater, no credit shall be allowed.
    19    (B)  Notwithstanding  anything  to the contrary in subparagraph (A) of
    20  this paragraph, the credit allowed to a  taxpayer  for  a  taxable  year
    21  under  this subdivision shall not exceed the sum of the taxes that would
    22  otherwise be imposed by sections 11-1701, 11-1703, 11-1704 and 11-1704.1
    23  of this chapter on such taxpayer for such taxable year after the  allow-
    24  ance  of  any  other credits allowed by subdivisions (a) and (b) of this

    25  section, and subdivision (c) of this section, as added by  chapter  four
    26  hundred  eighty-one  of  the  laws  of nineteen hundred ninety-seven and
    27  subsequently amended, and section 11-1721 of this chapter.
    28    (C) Notwithstanding anything to the contrary in  subparagraph  (A)  of
    29  this  paragraph,  no  credit  shall  be  allowed  for  any amount of tax
    30  imposed, or credit allowed, by subchapter two of  chapter  six  of  this
    31  title on, or to, a combined group of corporations including a New York S
    32  corporation  or an exempt QSSS, except where the combined group consists
    33  exclusively of one or more New York  S  corporations  and  one  or  more
    34  exempt  QSSSs of such corporations as described in paragraph one of this

    35  subdivision, provided that each of the New York S corporations  included
    36  in  the  group  is  wholly  owned  by the same interests and in the same
    37  proportions as each other New York S corporation included in the group.
    38    (3) Subject to the provisions of subparagraph (B)  of  this  paragraph
    39  and  subparagraph  (C)  of paragraph two of this subdivision, the amount
    40  determined in this paragraph is the sum of the taxpayer's pro rata share
    41  of the amounts determined in subparagraph (A) of this paragraph for each
    42  New York S corporation, or exempt QSSS, described in  paragraph  one  of
    43  this  subsection,  a pro rata share of whose income, loss and deductions
    44  described in paragraph one of subsection (a) of section thirteen hundred

    45  sixty-six of the internal revenue code, is included  in  the  taxpayer's
    46  city adjusted gross income.
    47    (A) The amount determined in this subparagraph is the sum of:
    48    (i)  the  taxes imposed by subchapter two of chapter six of this title
    49  on such corporation, or a combined group including such corporation, for
    50  its taxable year ending within or with the taxable year of the  taxpayer
    51  and paid by such corporation, or combined group; and
    52    (ii) the amount of any credit or credits taken by such corporation, or
    53  a  combined group including such corporation, under subdivision eighteen
    54  of section 11-604 of this title for its taxable year  ending  within  or
    55  with the taxable year of the taxpayer.


        S. 7793                             8
 
     1    (B) For purposes of this subdivision, the taxpayer's pro rata share of
     2  the  amount  in  subparagraph (A) of this paragraph for the taxable year
     3  shall be the amount determined with respect to the taxpayer:
     4    (i) by assigning an equal portion of the amount in subparagraph (A) of
     5  this  paragraph  to  each day of the corporation's taxable year on which
     6  the corporation has shares outstanding,
     7    (ii) then by dividing that portion pro rata among the shares outstand-
     8  ing on that day; provided, however,
     9    (iii) if the taxable year of such corporation for purposes of  chapter
    10  six  of this title is different from its New York S year or S short year

    11  as defined in subdivision one-A of section two hundred eight of the  tax
    12  law, or subsection (f) of section fourteen hundred fifty of the tax law,
    13  only  those  portions that are assigned to days of the taxable year that
    14  are also days of the New York S year or S short year shall be taken into
    15  account in determining the shareholder's pro rata share  of  the  amount
    16  determined in subparagraph (A) of this paragraph.
    17    §  12.  If  any provision of section eleven of this act is adjudged by
    18  any court of competent jurisdiction to be invalid  or  unconstitutional,
    19  the  credit  provided  for in such sections shall not be allowed for any
    20  tax period or periods with respect to which such judgment is in effect.
    21    § 13. The opening paragraph of  paragraph  (a)  of  subdivision  1  of

    22  section  489  of the real property tax law, as amended by chapter 244 of
    23  the laws of 2006, is amended to read as follows:
    24    Any city to which the multiple  dwelling  law  is  applicable,  acting
    25  through  its local legislative body or other governing agency, is hereby
    26  authorized and empowered, to and  including  June  first,  two  thousand
    27  [eleven] fourteen, to adopt and amend local laws or ordinances providing
    28  that any increase in assessed valuation of real property shall be exempt
    29  from taxation for local purposes, as provided herein, to the extent such
    30  increase results from:
    31    §  14.  The  closing  paragraph  of subparagraph 6 of paragraph (a) of
    32  subdivision 1 of section 489 of the real property tax law, as amended by
    33  chapter 244 of the laws of 2006, is amended to read as follows:

    34    Such conversion, alterations or improvements shall be completed within
    35  thirty-six months after the date on which same shall be  started  except
    36  that  such thirty-six month limitation shall not apply to conversions of
    37  residential units which are registered with the loft board in accordance
    38  with article seven-C of the multiple dwelling law pursuant  to  subpara-
    39  graph  one  of  this  paragraph.  Notwithstanding the foregoing, a sixty
    40  month period for  completion  shall  be  available  for  alterations  or
    41  improvements  undertaken by a housing development fund company organized
    42  pursuant to article eleven of the private housing finance law, which are
    43  carried out with the substantial assistance of grants, loans  or  subsi-
    44  dies  from any federal, state or local governmental agency or instrumen-
    45  tality or which are carried out in a property transferred from such city

    46  if alterations and improvements are completed within seven  years  after
    47  the  date  of  transfer. In addition, the local housing agency is hereby
    48  empowered to grant an extension of the  period  of  completion  for  any
    49  project  carried out with the substantial assistance of grants, loans or
    50  subsidies from any  federal,  state  or  local  governmental  agency  or
    51  instrumentality, if such alterations or improvements are completed with-
    52  in  sixty  months  from commencement of construction. Provided, further,
    53  that such conversion, alterations or improvements shall in any event  be
    54  completed   prior   to  December  thirty-first,  two  thousand  [eleven]
    55  fourteen. Exemption for conversions, alterations or improvements  pursu-
    56  ant  to  subparagraph  one,  two,  three or four of this paragraph shall


        S. 7793                             9
 
     1  continue for a period not to exceed fourteen years and begin  no  sooner
     2  than  the  first quarterly tax bill immediately following the completion
     3  of such conversion, alterations or improvements.  Exemption  for  alter-
     4  ations  or  improvements  pursuant  to this subparagraph or subparagraph
     5  five of this paragraph shall continue for a period not to  exceed  thir-
     6  ty-four  years  and  shall  begin no sooner than the first quarterly tax
     7  bill  immediately  following  the  completion  of  such  alterations  or
     8  improvements. Such exemption shall be equal to the increase in the valu-
     9  ation which is subject to exemption in full or proportionally under this
    10  subdivision for ten or thirty years, whichever is applicable. After such
    11  period  of  time, the amount of such exempted assessed valuation of such

    12  improvements shall be reduced by twenty percent in each succeeding  year
    13  until  the  assessed  value  of  the  improvements  are  fully  taxable.
    14  Provided, however, exemption for any conversion, alterations or improve-
    15  ments which are aided by a loan or grant under article  eight,  eight-A,
    16  eleven,  twelve,  fifteen  or  twenty-two of the private housing finance
    17  law, section six hundred ninety-six-a or section  ninety-nine-h  of  the
    18  general  municipal  law,  or section three hundred twelve of the housing
    19  act of nineteen hundred sixty-four (42 U.S.C.A.  1452b),  or  the  Cran-
    20  ston-Gonzalez  national  affordable  housing  act (42 U.S.C.A. 12701 et.
    21  seq.), or started after July first, nineteen hundred eighty-three  by  a
    22  housing development fund company organized pursuant to article eleven of
    23  the  private housing finance law which are carried out with the substan-

    24  tial assistance of grants, loans or subsidies from any federal, state or
    25  local governmental agency or instrumentality or which are carried out in
    26  a property transferred from any city and where alterations and  improve-
    27  ments  are  completed  within seven years after the date of transfer may
    28  commence at the beginning of any tax quarter subsequent to the start  of
    29  such conversion, alterations or improvements and prior to the completion
    30  of such conversion, alterations or improvements.
    31    §  15.  This  act shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after June 1, 2011.
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