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S04437 Summary:

BILL NOS04437A
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSRCOMRIE, LIU, RAMOS
 
MLTSPNSR
 
Amd §601, Tax L
 
Amends the alternative tax table benefit recapture; increases the rate of supplemental tax for high income taxpayers.
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S04437 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4437--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2025
                                       ___________
 
        Introduced  by  Sens.  GOUNARDES,  COMRIE, LIU -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Budget
          and  Revenue  -- recommitted to the Committee on Budget and Revenue in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the tax law, in relation  to  top  personal  income  tax
          rates
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Clauses (vi) and (vii) of subparagraph (B) of  paragraph  1
     2  of subsection (a) of section 601 of the tax law, as amended by section 1
     3  of  part  B  of  chapter  59 of the laws of 2025, are amended to read as
     4  follows:
     5    (vi) For taxable years beginning in  two  thousand  twenty-three  [and
     6  before two thousand twenty-six] the following rates shall apply:
     7  If the New York taxable income is:    The tax is:
     8  Not over $17,150                      4% of the New York taxable income
     9  Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
    10                                        $17,150
    11  Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
    12                                        $23,600
    13  Over $27,900 but not over $161,550    $1,202 plus 5.5% of excess over
    14                                        $27,900
    15  Over $161,550 but not over $323,200   $8,553 plus 6.00% of excess over
    16                                        $161,550
    17  Over $323,200 but not over            $18,252 plus 6.85% of excess over
    18  $2,155,350                            $323,200
    19  Over $2,155,350 but not over          $143,754 plus 9.65% of excess over
    20  $5,000,000                            $2,155,350
    21  Over $5,000,000 but not over          $418,263 plus 10.30% of excess over
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08512-04-6

        S. 4437--A                          2
 
     1  $25,000,000                           $5,000,000
     2  Over $25,000,000                      $2,478,263 plus 10.90% of excess over
     3                                        $25,000,000
 
     4    (vii)  For taxable years beginning after two thousand [twenty-five and
     5  before two thousand twenty-seven] twenty-six the following  rates  shall
     6  apply:
     7  If the New York taxable income is:    The tax is:
     8  Not over $17,150                      3.90% of the New York taxable
     9                                        income
    10  Over $17,150 but not over $23,600     $669 plus 4.40% of excess over
    11                                        $17,150
    12  Over $23,600 but not over $27,900     $953 plus 5.15% of excess over
    13                                        $23,600
    14  Over $27,900 but not over $161,550    $1,174 plus 5.40% of excess over
    15                                        $27,900
    16  Over $161,550 but not over $323,200   $8,391 plus 5.90% of excess over
    17                                        $161,550
    18  Over $323,200 but not over            $17,928 plus 6.85% of excess
    19  $2,155,350                            over $323,200
    20  Over $2,155,350 but not over          $143,430 plus 9.65% of excess
    21  $5,000,000                            over $2,155,350
    22  Over $5,000,000 but not over          $417,939 plus [10.30%] 10.80%
    23                                        of excess over $5,000,000
    24  $25,000,000
    25  Over $25,000,000                      $2,477,939 plus [10.90%] 11.40%
    26                                        of excess over $25,000,000

    27    §  2.  Clauses  (vi)  and  (vii) of subparagraph (B) of paragraph 1 of
    28  subsection (b) of section 601 of the tax law, as amended by section 3 of
    29  part B of chapter 59 of the  laws  of  2025,  are  amended  to  read  as
    30  follows:
    31    (vi)  For  taxable  years  beginning in two thousand twenty-three [and
    32  before two thousand twenty-six] the following rates shall apply:
    33  If the New York taxable income is:    The tax is:
    34  Not over $12,800                      4% of the New York taxable income
    35  Over $12,800 but not over $17,650     $512 plus 4.5% of excess over
    36                                        $12,800
    37  Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
    38                                        $17,650
    39  Over $20,900 but not over $107,650    $901 plus 5.5% of excess over
    40                                        $20,900
    41  Over $107,650 but not over $269,300   $5,672 plus 6.00% of excess over
    42                                        $107,650
    43  Over $269,300 but not over            $15,371 plus 6.85% of excess over
    44  $1,616,450                            $269,300
    45  Over $1,616,450 but not over          $107,651 plus 9.65% of excess over
    46  $5,000,000                            $1,616,450
    47  Over $5,000,000 but not over          $434,163 plus 10.30% of excess over
    48  $25,000,000                           $5,000,000
    49  Over $25,000,000                      $2,494,163 plus 10.90% of excess over
    50                                        $25,000,000
 
    51    (vii) For taxable years beginning after two thousand [twenty-five  and
    52  before  two  thousand twenty-seven] twenty-six the following rates shall
    53  apply:

        S. 4437--A                          3

     1  If the New York taxable income is:    The tax is:
     2  Not over $12,800                      3.90% of the New York taxable
     3                                        income
     4  Over $12,800 but not over             $499 plus 4.40% of excess over
     5  $17,650                               $12,800
     6  Over $17,650 but not over             $712 plus 5.15% of excess over
     7  $20,900                               $17,650
     8  Over $20,900 but not over             $879 plus 5.40% of excess over
     9  $107,650                              $20,900
    10  Over $107,650 but not over            $5,564 plus 5.90% of excess
    11  $269,300                              over $107,650
    12  Over $269,300 but not over            $15,101 plus 6.85% of excess
    13  $1,616,450                            over $269,300
    14  Over $1,616,450 but not over          $107,381 plus 9.65% of excess
    15  $5,000,000                            over $1,616,450
    16  Over $5,000,000 but not over          $433,894 plus [10.30%] 10.80%
    17                                        of excess over $5,000,000
    18  $25,000,000
    19  Over $25,000,000                      $2,493,894 plus [10.90%] 11.40%
    20                                        of excess over $25,000,000
 
    21    §  3.  Clauses  (vi)  and  (vii) of subparagraph (B) of paragraph 1 of
    22  subsection (c) of section 601 of the tax law, as amended by section 5 of
    23  part B of chapter 59 of the  laws  of  2025,  are  amended  to  read  as
    24  follows:
    25    (vi)  For  taxable  years  beginning in two thousand twenty-three [and
    26  before two thousand twenty-six] the following rates shall apply:
    27  If the New York taxable income is:    The tax is:
    28  Not over $8,500                       4% of the New York taxable income
    29  Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
    30                                        $8,500
    31  Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
    32                                        $11,700
    33  Over $13,900 but not over $80,650     $600 plus 5.50% of excess over
    34                                        $13,900
    35  Over $80,650 but not over $215,400    $4,271 plus 6.00% of excess over
    36                                        $80,650
    37  Over $215,400 but not over            $12,356 plus 6.85% of excess over
    38  $1,077,550                            $215,400
    39  Over $1,077,550 but not over          $71,413 plus 9.65% of excess over
    40  $5,000,000                            $1,077,550
    41  Over $5,000,000 but not over          $449,929 plus 10.30% of excess over
    42  $25,000,000                           $5,000,000
    43  Over $25,000,000                      $2,509,929 plus 10.90% of excess over
    44                                        $25,000,000
    45    (vii) For taxable years beginning after two thousand [twenty-five  and
    46  before  two  thousand twenty-seven] twenty-six the following rates shall
    47  apply:
    48  If the New York taxable income is:    The tax is:
    49  Not over $8,500                       3.90% of the New York taxable income
    50  Over $8,500 but not over $11,700      $332 plus 4.40% of excess over
    51                                        $8,500
    52  Over $11,700 but not over $13,900     $473 plus 5.15% of excess over
    53                                        $11,700
    54  Over $13,900 but not over $80,650     $586 plus 5.40% of excess over

        S. 4437--A                          4
 
     1                                        $13,900
     2  Over $80,650 but not over $215,400    $4,191 plus 5.90% of excess
     3                                        over $80,650
     4  Over $215,400 but not over            $12,141 plus 6.85% of excess
     5  $1,077,550                            over $215,400
     6  Over $1,077,550 but not over          $71,198 plus 9.65% of excess
     7  $5,000,000                            over $1,077,550
     8  Over $5,000,000 but not over          $449,714 plus [10.30%] 10.80%
     9                                        of excess over $5,000.000
    10  $25,000,000
    11  Over $25,000,000                      $2,509,714 plus [10.90%] 11.40%
    12                                        of excess over $25,000,000
 
    13    §  4.  Subparagraph  (B) of paragraph 1 of subsection (d-4) of section
    14  601 of the tax law, as added by section 3 of subpart  B  of  part  A  of
    15  chapter 59 of the laws of 2022, is amended to read as follows:
    16    (B)  If  New  York  adjusted  gross income is greater than twenty-five
    17  million dollars, the supplemental tax due  shall  equal  the  difference
    18  between the product of [10.90] 11.40 percent and New York taxable income
    19  and  the  tax table computation on the New York taxable income set forth
    20  in paragraph one of subsection (a) of this section.
    21    § 5. Subparagraph (B) of paragraph 2 of subsection  (d-4)  of  section
    22  601  of  the  tax  law,  as added by section 3 of subpart B of part A of
    23  chapter 59 of the laws of 2022, is amended to read as follows:
    24    (B) If New York adjusted gross  income  is  greater  than  twenty-five
    25  million  dollars,  the  supplemental  tax due shall equal the difference
    26  between the product of [10.90] 11.40 percent and New York taxable income
    27  and the tax table computation on the New York taxable income  set  forth
    28  in paragraph one of subsection (b) of this section.
    29    §  6.  Subparagraph  (B) of paragraph 3 of subsection (d-4) of section
    30  601 of the tax law, as added by section 3 of subpart  B  of  part  A  of
    31  chapter 59 of the laws of 2022, is amended to read as follows:
    32    (B)  If  New  York  adjusted  gross income is greater than twenty-five
    33  million dollars, the supplemental tax due  shall  equal  the  difference
    34  between the product of [10.90] 11.40 percent and New York taxable income
    35  and  the  tax table computation on the New York taxable income set forth
    36  in paragraph one of subsection (c) of this section.
    37    § 7. This act shall take effect immediately.
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