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A11535 Summary:

BILL NOA11535
 
SAME ASSAME AS S10609
 
SPONSORRules (Pretlow)
 
COSPNSR
 
MLTSPNSR
 
Amd §§1212-a, 1301, 1304 & 1304-B, Tax L; amd §§11-604, 11-1701, 11-1704.1, 11-2002 & 11-2040, NYC Ad Cd; amd §4, Chap 877 of 1975; amd §6, Chap 884 of 1975; amd §2, Chap 882 of 1977
 
Extends certain provisions of law relating to tax rates and the imposition of income taxes in the city of New York.
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A11535 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11535
 
                   IN ASSEMBLY
 
                                      June 1, 2026
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
          read once and referred to the Committee on Ways and Means
 
        AN ACT to amend the tax law, the administrative code of the city of  New
          York, chapter 877 of the laws of 1975, chapter 884 of the laws of 1975
          and  chapter  882  of  the laws of 1977, relating to the imposition of
          certain taxes in the city of New York, in relation to  postponing  the
          expiration of certain tax rates and taxes in the city of New York
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 3 of subdivision (a) of section 1212-a of the tax
     2  law, as amended by chapter 345 of the laws of 2023, is amended  to  read
     3  as follows:
     4    (3)  a tax, at the same uniform rate, but at a rate not to exceed four
     5  and one-half per centum, in multiples of one-half of one per centum,  on
     6  the  receipts from every sale of any or all of the following services in
     7  whole or in part: credit rating, credit reporting, credit adjustment and
     8  collection services, including,  but  not  limited  to,  those  services
     9  provided  by  mercantile and consumer credit rating or reporting bureaus
    10  or agencies and credit adjustment or  collection  bureaus  or  agencies,
    11  whether  rendered in written or oral form or in any other manner, except
    12  to the extent otherwise taxable under article twenty-eight of this chap-
    13  ter;  notwithstanding  the  foregoing,  collection  services  shall  not
    14  include those services performed by a law office or a law and collection
    15  office,  the maintenance or conduct of which constitutes the practice of
    16  law, if the services are performed by an attorney at law  who  has  been
    17  duly  licensed and admitted to practice law in this state. The local law
    18  imposing the taxes authorized by this paragraph may provide  for  exclu-
    19  sions  and  exemptions  in  addition to those provided for in such para-
    20  graph. Provided, however, that the tax hereby authorized  shall  not  be
    21  imposed after November thirtieth, two thousand [twenty-six] twenty-nine.
    22    §  2.  Subsection  (a)  of  section 1301 of the tax law, as amended by
    23  chapter 345 of the laws of 2023, is amended to read as follows:
    24    (a) Notwithstanding any other provision of law to  the  contrary,  any
    25  city  in  this state having a population of one million or more inhabit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16029-01-6

        A. 11535                            2
 
     1  ants, acting through its local legislative body,  is  hereby  authorized
     2  and  empowered  to adopt and amend local laws imposing in any such city,
     3  for taxable years beginning after nineteen hundred seventy-five:
     4    (1)  a  tax  on  the personal income of residents of such city, at the
     5  rates provided for under subsection (a) of section thirteen hundred four
     6  of this article for taxable years beginning before two  thousand  [twen-
     7  ty-seven]  thirty, and at the rates provided for under subsection (b) of
     8  section thirteen hundred four of this article for taxable  years  begin-
     9  ning  after  two  thousand  [twenty-six] twenty-nine, provided, however,
    10  that if, for any taxable year beginning after two thousand  [twenty-six]
    11  twenty-nine,  the  rates  set  forth in such subsection (b) are rendered
    12  inapplicable and the rates set forth in such subsection (a) are rendered
    13  applicable, then the tax for such taxable year shall  be  at  the  rates
    14  provided  under  subparagraphs  (A)  of paragraphs one, two and three of
    15  such subsection (a),
    16    (2) for taxable years beginning after nineteen hundred seventy-six,  a
    17  separate tax on the ordinary income portion of lump sum distributions of
    18  such  residents,  at  the  rates  provided  for herein, such taxes to be
    19  administered, collected and distributed by the commissioner as  provided
    20  for in this article.
    21    §  3.  Subsection  (b)  of  section 1304 of the tax law, as amended by
    22  chapter 345 of the laws of 2023, is amended to read as follows:
    23    (b) A tax other than the city separate  tax  on  the  ordinary  income
    24  portion  of  lump sum distributions imposed pursuant to the authority of
    25  section thirteen hundred one of this  article  shall  be  determined  as
    26  follows:
    27    (1)  Resident  married  individuals  filing joint returns and resident
    28  surviving spouses. The tax under this section for each taxable  year  on
    29  the  city  taxable  income of every city resident married individual who
    30  makes a single return jointly with [his or her] such individual's spouse
    31  under subsection (b) of section thirteen hundred six of this article and
    32  on the city taxable income of every city resident surviving spouse shall
    33  be determined in accordance with the following table:
 
    34    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    35  nine:
 
    36  If the city taxable income is:         The tax is:
    37  Not over $21,600                       1.18% of the city taxable income
    38  Over $21,600 but not                   $255 plus 1.435% of excess
    39  over $45,000                             over $21,600
    40  Over $45,000 but not                   $591 plus 1.455% of excess
    41  over $90,000                             over $45,000
    42  Over $90,000                           $1,245 plus 1.48% of excess
    43                                           over $90,000
 
    44    (2)  Resident heads of households. The tax under this section for each
    45  taxable year on the city taxable income of every city resident head of a
    46  household shall be determined in accordance with the following table:
 
    47    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    48  nine:
 
    49  If the city taxable income is:         The tax is:
    50  Not over $14,400                       1.18% of the city taxable income
    51  Over $14,400 but not                   $170 plus 1.435% of excess

        A. 11535                            3
 
     1  over $30,000                             over $14,400
     2  Over $30,000 but not                   $394 plus 1.455% of excess
     3  over $60,000                             over $30,000
     4  Over $60,000                           $830 plus 1.48% of excess
     5                                           over $60,000
 
     6    (3)  Resident  unmarried  individuals,  resident  married  individuals
     7  filing separate returns and resident estates and trusts. The  tax  under
     8  this  section  for each taxable year on the city taxable income of every
     9  city resident individual who is not a city resident  married  individual
    10  who  makes  a  single return jointly with [his or her] such individual's
    11  spouse under subsection (b) of section  thirteen  hundred  six  of  this
    12  article  or a city resident head of household or a city resident surviv-
    13  ing spouse, and on the city taxable income of every city resident estate
    14  and trust shall be determined in accordance with the following table:

    15    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    16  nine:
 
    17  If the city taxable income is:         The tax is:
    18  Not over $12,000                       1.18% of the city taxable income
    19  Over $12,000 but not                   $142 plus 1.435% of excess
    20  over $25,000                             over $12,000
    21  Over $25,000 but not                   $328 plus 1.455% of excess
    22  over $50,000                             over $25,000
    23  Over $50,000                           $692 plus 1.48% of excess
    24                                           over $50,000
    25    §  4.  Subsection  (a) of section 1304-B of the tax law, as amended by
    26  chapter 345 of the laws of 2023, is amended to read as follows:
    27    (a) (1) In addition to any other taxes authorized by this article, any
    28  city imposing such taxes is hereby authorized and empowered to adopt and
    29  amend local laws imposing in any such city for each taxable year  begin-
    30  ning  after nineteen hundred ninety but before two thousand [twenty-sev-
    31  en] thirty, an additional tax on the city taxable income of  every  city
    32  resident individual, estate and trust, to be calculated for each taxable
    33  year  as  follows:  (i)  for  each taxable year beginning after nineteen
    34  hundred ninety but before nineteen hundred ninety-nine, at the  rate  of
    35  fourteen  percent  of  the  sum  of the taxes for each such taxable year
    36  determined pursuant to section thirteen hundred four and  section  thir-
    37  teen  hundred  four-A  of  this  article; and (ii) for each taxable year
    38  beginning after nineteen hundred ninety-eight, at the rate  of  fourteen
    39  percent  of  the  tax  for such taxable year determined pursuant to such
    40  section thirteen hundred four.
    41    (2) Notwithstanding paragraph one of this subsection, for each taxable
    42  year beginning after nineteen hundred ninety-nine but before  two  thou-
    43  sand [twenty-seven] thirty, any city imposing such additional tax may by
    44  local  law  impose such tax at a rate that is less than fourteen percent
    45  and may impose such tax at more than one rate depending upon the  filing
    46  status  and city taxable income of such city resident individual, estate
    47  or trust.
    48    (3) A local law enacted pursuant to paragraph two of  this  subsection
    49  shall be applicable with respect to any taxable year only if it has been
    50  enacted on or before July thirty-first of such year. A certified copy of
    51  such  local  law shall be mailed by registered mail to the department at
    52  its office in Albany within fifteen days of its enactment. However,  the
    53  department  may  allow  additional  time  for  such certified copy to be

        A. 11535                            4
 
     1  mailed if it deems such action to be consistent with  its  duties  under
     2  this article.
     3    § 5. Paragraph E of subdivision 1 of section 11-604 of the administra-
     4  tive code of the city of New York, as amended by chapter 345 of the laws
     5  of 2023, is amended to read as follows:
     6    E.  For  taxable  years  beginning on or after January first, nineteen
     7  hundred seventy-eight but before January first,  two  thousand  [twenty-
     8  seven]  thirty,  the tax imposed by subdivision one of section 11-603 of
     9  this subchapter shall be, in the case of each taxpayer:
    10    (a) whichever of the following amounts is the greatest:
    11    (1) an amount computed, for taxable years  beginning  before  nineteen
    12  hundred  eighty-seven,  at  the rate of nine per centum, and for taxable
    13  years beginning after nineteen hundred eighty-six, at the rate of  eight
    14  and  eighty-five  one-hundredths per centum, of its entire net income or
    15  the portion of such entire net income allocated within the city as here-
    16  inafter provided, subject to any modification required by paragraphs (d)
    17  and (e) of subdivision three of this section,
    18    (2) an amount computed at one and one-half mills for  each  dollar  of
    19  its  total business and investment capital, or the portion thereof allo-
    20  cated within the city, as hereinafter provided, except that in the  case
    21  of  a cooperative housing corporation as defined in the internal revenue
    22  code, the applicable rate shall be four-tenths of one mill,
    23    (3) an amount computed, for taxable years  beginning  before  nineteen
    24  hundred  eighty-seven,  at  the rate of nine per centum, and for taxable
    25  years beginning after nineteen hundred eighty-six, at the rate of  eight
    26  and  eighty-five  one-hundredths per centum, on thirty per centum of the
    27  taxpayer's entire net income plus salaries and other  compensation  paid
    28  to the taxpayer's elected or appointed officers and to every stockholder
    29  owning  in  excess  of five per centum of its issued capital stock minus
    30  fifteen thousand dollars (subject to proration as hereinafter  provided)
    31  and  any  net  loss for the reported year, or on the portion of any such
    32  sum allocated within the city as hereinafter provided for the allocation
    33  of entire net income, subject to any modification required by paragraphs
    34  (d) and (e) of subdivision three of  this  section,  provided,  however,
    35  that  for  taxable  years  beginning  on  or  after July first, nineteen
    36  hundred ninety-six, the provisions of paragraph H  of  this  subdivision
    37  shall apply for purposes of the computation under this clause, or
    38    (4)  for  taxable  years  ending on or before June thirtieth, nineteen
    39  hundred eighty-nine, one hundred twenty-five dollars, for taxable  years
    40  ending  after June thirtieth, nineteen hundred eighty-nine and beginning
    41  before two thousand nine, three hundred dollars, and for  taxable  years
    42  beginning after two thousand eight:
    43      If New York city receipts are:          Fixed dollar minimum tax is:
    44    Not more than $100,000                              $25
    45    More than $100,000 but not over $250,000            $75
    46    More than $250,000 but not over $500,000            $175
    47    More than $500,000 but not over $1,000,000          $500
    48    More than $1,000,000 but not over $5,000,000        $1,500
    49    More than $5,000,000 but not over $25,000,000       $3,500
    50    Over $25,000,000                                    $5,000
    51  For  purposes  of  this  clause, New York city receipts are the receipts
    52  computed in accordance with subparagraph two of paragraph (a) of  subdi-
    53  vision  three  of  this  section for the taxable year. For taxable years
    54  beginning after two thousand eight, if the taxable  year  is  less  than
    55  twelve  months, the amount prescribed by this clause shall be reduced by
    56  twenty-five percent if the period for which the taxpayer is  subject  to

        A. 11535                            5
 
     1  tax  is  more than six months but not more than nine months and by fifty
     2  percent if the period for which the taxpayer is subject to  tax  is  not
     3  more  than  six  months. If the taxable year is less than twelve months,
     4  the  amount  of  New  York  city receipts for purposes of this clause is
     5  determined by dividing the amount of the receipts for the  taxable  year
     6  by  the  number of months in the taxable year and multiplying the result
     7  by twelve, plus;
     8    (b) an amount computed at the rate of three-quarters  of  a  mill  for
     9  each  dollar  of  the portion of its subsidiary capital allocated within
    10  the city as hereinafter provided.
    11    In the case of a taxpayer which is not subject to tax  for  an  entire
    12  year,  the exemption allowed in clause three of subparagraph (a) of this
    13  paragraph shall be prorated according to the period  such  taxpayer  was
    14  subject  to  tax. Provided, however, that this paragraph shall not apply
    15  to taxable years beginning after  December  thirty-first,  two  thousand
    16  [twenty-six]  twenty-nine.    For  the  taxable  years  specified in the
    17  preceding sentence, the tax imposed by subdivision one of section 11-603
    18  of this subchapter shall be, in the case of each taxpayer, determined as
    19  specified in paragraph A of this subdivision,  provided,  however,  that
    20  the provisions of paragraphs G and H of this subdivision shall apply for
    21  purposes  of  the  computation under clause three of subparagraph (a) of
    22  such paragraph A.
    23    § 6. The opening paragraph of section 11-1701  of  the  administrative
    24  code,  as amended by chapter 345 of the laws of 2023, is amended to read
    25  as follows:
    26    A tax is hereby imposed on the city taxable income of every city resi-
    27  dent individual, estate and trust  determined  in  accordance  with  the
    28  rates  set  forth  in  subdivision (a) of this section for taxable years
    29  beginning before two thousand [twenty-seven] thirty, and  in  accordance
    30  with  the rates set forth in subdivision (b) of this section for taxable
    31  years beginning after two thousand [twenty-six]  twenty-nine.  Provided,
    32  however,  that  if,  for  any  taxable year beginning after two thousand
    33  [twenty-six] twenty-nine, the rates set forth in  such  subdivision  (b)
    34  are  rendered  inapplicable  and the rates set forth in such subdivision
    35  (a) are rendered applicable, then the tax for such taxable year shall be
    36  at the rates provided under subparagraph (A) of paragraphs one, two  and
    37  three of such subdivision (a).
    38    §  7. Subdivision (b) of section 11-1701 of the administrative code of
    39  the city of New York, as amended by chapter 345 of the laws of 2023,  is
    40  amended to read as follows:
    41    (b)  Rate  of  tax.  A  tax  imposed pursuant to this section shall be
    42  determined as follows:
    43    (1) Resident married individuals filing  joint  returns  and  resident
    44  surviving  spouses.  The tax under this section for each taxable year on
    45  the city taxable income of every city resident  married  individual  who
    46  makes a single return jointly with [his or her] such individual's spouse
    47  under  subdivision  (b) of section 11-1751 of this title and on the city
    48  taxable income of every city resident surviving spouse shall  be  deter-
    49  mined in accordance with the following table:
    50    For  taxable  years  beginning after two thousand [twenty-six] twenty-
    51  nine:
 
    52  If the city taxable income is:         The tax is:
    53  Not over $21,600                       1.18% of the city taxable income
    54  Over $21,600 but not                   $255 plus 1.435% of excess
    55  over $45,000                             over $21,600

        A. 11535                            6
 
     1  Over $45,000 but not                   $591 plus 1.455% of excess
     2  over $90,000                             over $45,000
     3  Over $90,000                           $1,245 plus 1.48% of excess
     4                                           over $90,000
     5    (2)  Resident heads of households. The tax under this section for each
     6  taxable year on the city taxable income of every city resident head of a
     7  household shall be determined in accordance with the following table:
     8    For taxable years beginning after two  thousand  [twenty-six]  twenty-
     9  nine:
 
    10  If the city taxable income is:         The tax is:
    11  Not over $14,400                       1.18% of the city taxable income
    12  Over $14,400 but not                   $170 plus 1.435% of excess
    13  over $30,000                             over $14,400
    14  Over $30,000 but not                   $394 plus 1.455% of excess
    15  over $60,000                             over $30,000
    16  Over $60,000                           $830 plus 1.48% of excess
    17                                           over $60,000
 
    18    (3)  Resident  unmarried  individuals,  resident  married  individuals
    19  filing separate returns and resident estates and trusts. The  tax  under
    20  this  section  for each taxable year on the city taxable income of every
    21  city resident individual who is not a married  individual  who  makes  a
    22  single  return  jointly with [his or her] such individual's spouse under
    23  subdivision (b) of section 11-1751 of this title or a city resident head
    24  of a household or a city resident surviving  spouse,  and  on  the  city
    25  taxable  income  of every city resident estate and trust shall be deter-
    26  mined in accordance with the following table:
    27    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    28  nine:
 
    29  If the city taxable income is:         The tax is:
    30  Not over $12,000                       1.18% of the city taxable income
    31  Over $12,000 but not                   $142 plus 1.435% of excess
    32  over $25,000                             over $12,000
    33  Over $25,000 but not                   $328 plus 1.455% of excess
    34  over $50,000                             over $25,000
    35  Over $50,000                           $692 plus 1.48% of excess
    36                                           over $50,000

    37    § 8. Paragraph 1 of subdivision (a) of section 11-1704.1 of the admin-
    38  istrative code of the city of New York, as amended by chapter 345 of the
    39  laws of 2023, is amended to read as follows:
    40    (1)  In  addition to any other taxes imposed by this chapter, there is
    41  hereby imposed for each taxable year beginning  after  nineteen  hundred
    42  ninety  but before two thousand [twenty-seven] thirty, an additional tax
    43  on the city taxable income of every city resident individual, estate and
    44  trust, to be calculated for each taxable year as follows: (i)  for  each
    45  taxable year beginning after nineteen hundred ninety but before nineteen
    46  hundred  ninety-nine,  at the rate of fourteen percent of the sum of the
    47  taxes for each such taxable year determined pursuant to section  11-1701
    48  and  section  11-1704 of this subchapter; and (ii) for each taxable year
    49  beginning after nineteen hundred ninety-eight, at the rate  of  fourteen
    50  percent  of  the  tax  for such taxable year determined pursuant to such
    51  section 11-1701.

        A. 11535                            7
 
     1    § 9. Subdivision (a) of section 11-2002 of the administrative code  of
     2  the  city of New York, as amended by chapter 345 of the laws of 2023, is
     3  amended to read as follows:
     4    (a)  There  are  hereby imposed and there shall be paid sales taxes at
     5  the rate of four and one-half percent on receipts from every sale of the
     6  services of beauty, barbering, hair restoring,  manicuring,  pedicuring,
     7  electrolysis,  massage  services and similar services, and every sale of
     8  services by weight control salons, health  salons,  gymnasiums,  turkish
     9  and  sauna  bath and similar establishments and every charge for the use
    10  of such facilities, whether or not any  tangible  personal  property  is
    11  transferred in conjunction therewith; but excluding services rendered by
    12  a  physician,  osteopath, dentist, nurse, physiotherapist, chiropractor,
    13  podiatrist, optometrist, ophthalmic dispenser  or  a  person  performing
    14  similar  services  licensed  under  title eight of the education law, as
    15  amended, and excluding such services when performed on  pets  and  other
    16  animals,  as  authorized  by  subdivision  (a) of section twelve hundred
    17  twelve-A of the tax law. Provided, however, that the tax hereby  imposed
    18  shall not be imposed after November thirtieth, two thousand [twenty-six]
    19  twenty-nine.
    20    §  10.  The opening paragraph of subdivision (a) of section 11-2040 of
    21  the administrative code of the city of New York, as amended  by  chapter
    22  345 of the laws of 2023, is amended to read as follows:
    23    There  is hereby imposed within the city and there shall be paid a tax
    24  at the rate of four and one-half percent upon the  receipts  from  every
    25  sale,  except  for resale, of the following services, provided, however,
    26  that the tax hereby imposed shall not be imposed after November  thirti-
    27  eth,  two  thousand  [twenty-six] twenty-nine, on receipts from sales of
    28  the services specified in paragraph one of this subdivision:
    29    § 11. Section 4 of chapter 877 of the laws of 1975,  relating  to  the
    30  imposition of certain taxes in the city of New York, as amended by chap-
    31  ter 345 of the laws of 2023, is amended to read as follows:
    32    §  4.  This  act  shall  expire on December 31, [2026] 2029, provided,
    33  however, that it is hereby declared to be the express intention  of  the
    34  legislature  that  the provisions of sections two and three of this act,
    35  except with respect to the enforcement and collection of any tax arising
    36  thereunder, shall remain in full force and effect only until the date of
    37  such expiration, at which time the provisions of law amended by this act
    38  shall be continued in full force and effect as they existed prior to the
    39  enactment of this act.
    40    § 12. Section 6 of chapter 884 of the laws of 1975,  relating  to  the
    41  imposition of certain taxes in the city of New York, as amended by chap-
    42  ter 345 of the laws of 2023, is amended to read as follows:
    43    §  6.  This  act  shall  expire on December 31, [2026] 2029, provided,
    44  however, that it is hereby declared to be the express intention  of  the
    45  legislature  that the provisions of sections two, three and four of this
    46  act, except with respect to the enforcement and collection  of  any  tax
    47  arising thereunder, shall remain in full force and effect only until the
    48  date  of such expiration, at which time the provisions of law amended by
    49  this act shall be continued in full force and  effect  as  they  existed
    50  prior to the enactment of this act.
    51    §  13.  Section  2 of chapter 882 of the laws of 1977, relating to the
    52  imposition of certain taxes in the city of New York, as amended by chap-
    53  ter 345 of the laws of 2023, is amended to read as follows:
    54    § 2. This act shall expire on  December  31,  [2026]  2029,  provided,
    55  however,  that  it is hereby declared to be the express intention of the
    56  legislature that the provisions of section one of this act, except  with

        A. 11535                            8

     1  respect to the enforcement and collection of any tax arising thereunder,
     2  shall  remain in full force and effect only until the date of such expi-
     3  ration, at which time the provisions of law amended by this act shall be
     4  continued  in  full force and effect as they existed prior to the enact-
     5  ment of this act.
     6    § 14. This act shall take effect immediately.
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