•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S10609 Summary:

BILL NOS10609
 
SAME ASSAME AS A11535
 
SPONSORBOTTCHER
 
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.
Go to top

S10609 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10609
 
                    IN SENATE
 
                                      May 29, 2026
                                       ___________
 
        Introduced  by  Sen. BOTTCHER -- (at request of the NYC Finance) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Investigations and Government Operations
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16029-01-6

        S. 10609                            2
 
     1    (a)  Notwithstanding  any  other provision of law to the contrary, any
     2  city in this state having a population of one million or  more  inhabit-
     3  ants,  acting  through  its local legislative body, is hereby authorized
     4  and empowered to adopt and amend local laws imposing in any  such  city,
     5  for taxable years beginning after nineteen hundred seventy-five:
     6    (1)  a  tax  on  the personal income of residents of such city, at the
     7  rates provided for under subsection (a) of section thirteen hundred four
     8  of this article for taxable years beginning before two  thousand  [twen-
     9  ty-seven]  thirty, and at the rates provided for under subsection (b) of
    10  section thirteen hundred four of this article for taxable  years  begin-
    11  ning  after  two  thousand  [twenty-six] twenty-nine, provided, however,
    12  that if, for any taxable year beginning after two thousand  [twenty-six]
    13  twenty-nine,  the  rates  set  forth in such subsection (b) are rendered
    14  inapplicable and the rates set forth in such subsection (a) are rendered
    15  applicable, then the tax for such taxable year shall  be  at  the  rates
    16  provided  under  subparagraphs  (A)  of paragraphs one, two and three of
    17  such subsection (a),
    18    (2) for taxable years beginning after nineteen hundred seventy-six,  a
    19  separate tax on the ordinary income portion of lump sum distributions of
    20  such  residents,  at  the  rates  provided  for herein, such taxes to be
    21  administered, collected and distributed by the commissioner as  provided
    22  for in this article.
    23    §  3.  Subsection  (b)  of  section 1304 of the tax law, as amended by
    24  chapter 345 of the laws of 2023, is amended to read as follows:
    25    (b) A tax other than the city separate  tax  on  the  ordinary  income
    26  portion  of  lump sum distributions imposed pursuant to the authority of
    27  section thirteen hundred one of this  article  shall  be  determined  as
    28  follows:
    29    (1)  Resident  married  individuals  filing joint returns and resident
    30  surviving spouses. The tax under this section for each taxable  year  on
    31  the  city  taxable  income of every city resident married individual who
    32  makes a single return jointly with [his or her] such individual's spouse
    33  under subsection (b) of section thirteen hundred six of this article and
    34  on the city taxable income of every city resident surviving spouse shall
    35  be determined in accordance with the following table:
 
    36    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    37  nine:
 
    38  If the city taxable income is:         The tax is:
    39  Not over $21,600                       1.18% of the city taxable income
    40  Over $21,600 but not                   $255 plus 1.435% of excess
    41  over $45,000                             over $21,600
    42  Over $45,000 but not                   $591 plus 1.455% of excess
    43  over $90,000                             over $45,000
    44  Over $90,000                           $1,245 plus 1.48% of excess
    45                                           over $90,000
 
    46    (2)  Resident heads of households. The tax under this section for each
    47  taxable year on the city taxable income of every city resident head of a
    48  household shall be determined in accordance with the following table:
 
    49    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    50  nine:

        S. 10609                            3
 
     1  If the city taxable income is:         The tax is:
     2  Not over $14,400                       1.18% of the city taxable income
     3  Over $14,400 but not                   $170 plus 1.435% of excess
     4  over $30,000                             over $14,400
     5  Over $30,000 but not                   $394 plus 1.455% of excess
     6  over $60,000                             over $30,000
     7  Over $60,000                           $830 plus 1.48% of excess
     8                                           over $60,000
 
     9    (3)  Resident  unmarried  individuals,  resident  married  individuals
    10  filing separate returns and resident estates and trusts. The  tax  under
    11  this  section  for each taxable year on the city taxable income of every
    12  city resident individual who is not a city resident  married  individual
    13  who  makes  a  single return jointly with [his or her] such individual's
    14  spouse under subsection (b) of section  thirteen  hundred  six  of  this
    15  article  or a city resident head of household or a city resident surviv-
    16  ing spouse, and on the city taxable income of every city resident estate
    17  and trust shall be determined in accordance with the following table:

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

        S. 10609                            4

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

        S. 10609                            5
 
     1  beginning  after  two  thousand  eight, if the taxable year is less than
     2  twelve months, the amount prescribed by this clause shall be reduced  by
     3  twenty-five  percent  if the period for which the taxpayer is subject to
     4  tax  is  more than six months but not more than nine months and by fifty
     5  percent if the period for which the taxpayer is subject to  tax  is  not
     6  more  than  six  months. If the taxable year is less than twelve months,
     7  the amount of New York city receipts for  purposes  of  this  clause  is
     8  determined  by  dividing the amount of the receipts for the taxable year
     9  by the number of months in the taxable year and multiplying  the  result
    10  by twelve, plus;
    11    (b)  an  amount  computed  at the rate of three-quarters of a mill for
    12  each dollar of the portion of its subsidiary  capital  allocated  within
    13  the city as hereinafter provided.
    14    In  the  case  of a taxpayer which is not subject to tax for an entire
    15  year, the exemption allowed in clause three of subparagraph (a) of  this
    16  paragraph  shall  be  prorated according to the period such taxpayer was
    17  subject to tax. Provided, however, that this paragraph shall  not  apply
    18  to  taxable  years  beginning  after December thirty-first, two thousand
    19  [twenty-six] twenty-nine.   For  the  taxable  years  specified  in  the
    20  preceding sentence, the tax imposed by subdivision one of section 11-603
    21  of this subchapter shall be, in the case of each taxpayer, determined as
    22  specified  in  paragraph  A of this subdivision, provided, however, that
    23  the provisions of paragraphs G and H of this subdivision shall apply for
    24  purposes of the computation under clause three of  subparagraph  (a)  of
    25  such paragraph A.
    26    §  6.  The  opening paragraph of section 11-1701 of the administrative
    27  code, as amended by chapter 345 of the laws of 2023, is amended to  read
    28  as follows:
    29    A tax is hereby imposed on the city taxable income of every city resi-
    30  dent  individual,  estate  and  trust  determined in accordance with the
    31  rates set forth in subdivision (a) of this  section  for  taxable  years
    32  beginning  before  two thousand [twenty-seven] thirty, and in accordance
    33  with the rates set forth in subdivision (b) of this section for  taxable
    34  years  beginning  after two thousand [twenty-six] twenty-nine. Provided,
    35  however, that if, for any taxable  year  beginning  after  two  thousand
    36  [twenty-six]  twenty-nine,  the  rates set forth in such subdivision (b)
    37  are rendered inapplicable and the rates set forth  in  such  subdivision
    38  (a) are rendered applicable, then the tax for such taxable year shall be
    39  at  the rates provided under subparagraph (A) of paragraphs one, two and
    40  three of such subdivision (a).
    41    § 7. Subdivision (b) of section 11-1701 of the administrative code  of
    42  the  city of New York, as amended by chapter 345 of the laws of 2023, is
    43  amended to read as follows:
    44    (b) Rate of tax. A tax imposed  pursuant  to  this  section  shall  be
    45  determined as follows:
    46    (1)  Resident  married  individuals  filing joint returns and resident
    47  surviving spouses. The tax under this section for each taxable  year  on
    48  the  city  taxable  income of every city resident married individual who
    49  makes a single return jointly with [his or her] such individual's spouse
    50  under subdivision (b) of section 11-1751 of this title and on  the  city
    51  taxable  income  of every city resident surviving spouse shall be deter-
    52  mined in accordance with the following table:
    53    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    54  nine:

        S. 10609                            6
 
     1  If the city taxable income is:         The tax is:
     2  Not over $21,600                       1.18% of the city taxable income
     3  Over $21,600 but not                   $255 plus 1.435% of excess
     4  over $45,000                             over $21,600
     5  Over $45,000 but not                   $591 plus 1.455% of excess
     6  over $90,000                             over $45,000
     7  Over $90,000                           $1,245 plus 1.48% of excess
     8                                           over $90,000
     9    (2)  Resident heads of households. The tax under this section for each
    10  taxable year on the city taxable income of every city resident head of a
    11  household shall be determined in accordance with the following table:
    12    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    13  nine:
 
    14  If the city taxable income is:         The tax is:
    15  Not over $14,400                       1.18% of the city taxable income
    16  Over $14,400 but not                   $170 plus 1.435% of excess
    17  over $30,000                             over $14,400
    18  Over $30,000 but not                   $394 plus 1.455% of excess
    19  over $60,000                             over $30,000
    20  Over $60,000                           $830 plus 1.48% of excess
    21                                           over $60,000
 
    22    (3)  Resident  unmarried  individuals,  resident  married  individuals
    23  filing separate returns and resident estates and trusts. The  tax  under
    24  this  section  for each taxable year on the city taxable income of every
    25  city resident individual who is not a married  individual  who  makes  a
    26  single  return  jointly with [his or her] such individual's spouse under
    27  subdivision (b) of section 11-1751 of this title or a city resident head
    28  of a household or a city resident surviving  spouse,  and  on  the  city
    29  taxable  income  of every city resident estate and trust shall be deter-
    30  mined in accordance with the following table:
    31    For taxable years beginning after two  thousand  [twenty-six]  twenty-
    32  nine:
 
    33  If the city taxable income is:         The tax is:
    34  Not over $12,000                       1.18% of the city taxable income
    35  Over $12,000 but not                   $142 plus 1.435% of excess
    36  over $25,000                             over $12,000
    37  Over $25,000 but not                   $328 plus 1.455% of excess
    38  over $50,000                             over $25,000
    39  Over $50,000                           $692 plus 1.48% of excess
    40                                           over $50,000

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

        S. 10609                            7
 
     1  beginning after nineteen hundred ninety-eight, at the rate  of  fourteen
     2  percent  of  the  tax  for such taxable year determined pursuant to such
     3  section 11-1701.
     4    §  9. Subdivision (a) of section 11-2002 of the administrative code of
     5  the city of New York, as amended by chapter 345 of the laws of 2023,  is
     6  amended to read as follows:
     7    (a)  There  are  hereby imposed and there shall be paid sales taxes at
     8  the rate of four and one-half percent on receipts from every sale of the
     9  services of beauty, barbering, hair restoring,  manicuring,  pedicuring,
    10  electrolysis,  massage  services and similar services, and every sale of
    11  services by weight control salons, health  salons,  gymnasiums,  turkish
    12  and  sauna  bath and similar establishments and every charge for the use
    13  of such facilities, whether or not any  tangible  personal  property  is
    14  transferred in conjunction therewith; but excluding services rendered by
    15  a  physician,  osteopath, dentist, nurse, physiotherapist, chiropractor,
    16  podiatrist, optometrist, ophthalmic dispenser  or  a  person  performing
    17  similar  services  licensed  under  title eight of the education law, as
    18  amended, and excluding such services when performed on  pets  and  other
    19  animals,  as  authorized  by  subdivision  (a) of section twelve hundred
    20  twelve-A of the tax law. Provided, however, that the tax hereby  imposed
    21  shall not be imposed after November thirtieth, two thousand [twenty-six]
    22  twenty-nine.
    23    §  10.  The opening paragraph of subdivision (a) of section 11-2040 of
    24  the administrative code of the city of New York, as amended  by  chapter
    25  345 of the laws of 2023, is amended to read as follows:
    26    There  is hereby imposed within the city and there shall be paid a tax
    27  at the rate of four and one-half percent upon the  receipts  from  every
    28  sale,  except  for resale, of the following services, provided, however,
    29  that the tax hereby imposed shall not be imposed after November  thirti-
    30  eth,  two  thousand  [twenty-six] twenty-nine, on receipts from sales of
    31  the services specified in paragraph one of this subdivision:
    32    § 11. Section 4 of chapter 877 of the laws of 1975,  relating  to  the
    33  imposition of certain taxes in the city of New York, as amended by chap-
    34  ter 345 of the laws of 2023, is amended to read as follows:
    35    §  4.  This  act  shall  expire on December 31, [2026] 2029, provided,
    36  however, that it is hereby declared to be the express intention  of  the
    37  legislature  that  the provisions of sections two and three of this act,
    38  except with respect to the enforcement and collection of any tax arising
    39  thereunder, shall remain in full force and effect only until the date of
    40  such expiration, at which time the provisions of law amended by this act
    41  shall be continued in full force and effect as they existed prior to the
    42  enactment of this act.
    43    § 12. Section 6 of chapter 884 of the laws of 1975,  relating  to  the
    44  imposition of certain taxes in the city of New York, as amended by chap-
    45  ter 345 of the laws of 2023, is amended to read as follows:
    46    §  6.  This  act  shall  expire on December 31, [2026] 2029, provided,
    47  however, that it is hereby declared to be the express intention  of  the
    48  legislature  that the provisions of sections two, three and four of this
    49  act, except with respect to the enforcement and collection  of  any  tax
    50  arising thereunder, shall remain in full force and effect only until the
    51  date  of such expiration, at which time the provisions of law amended by
    52  this act shall be continued in full force and  effect  as  they  existed
    53  prior to the enactment of this act.
    54    §  13.  Section  2 of chapter 882 of the laws of 1977, relating to the
    55  imposition of certain taxes in the city of New York, as amended by chap-
    56  ter 345 of the laws of 2023, is amended to read as follows:

        S. 10609                            8
 
     1    § 2. This act shall expire on  December  31,  [2026]  2029,  provided,
     2  however,  that  it is hereby declared to be the express intention of the
     3  legislature that the provisions of section one of this act, except  with
     4  respect to the enforcement and collection of any tax arising thereunder,
     5  shall  remain in full force and effect only until the date of such expi-
     6  ration, at which time the provisions of law amended by this act shall be
     7  continued in full force and effect as they existed prior to  the  enact-
     8  ment of this act.
     9    § 14. This act shall take effect immediately.
Go to top