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S07306 Summary:

BILL NOS07306
 
SAME ASNo Same As
 
SPONSORCLEARE
 
COSPNSR
 
MLTSPNSR
 
Amd §§1304, 1304-B & 1304-D, Tax L
 
Provides that taxpayers in the city of New York with certain lower income levels shall not be subject to city personal income taxation.
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S07306 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7306
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 9, 2025
                                       ___________
 
        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the tax law, in relation  to  making  certain  taxpayers
          exempt from the city personal income tax of 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. Paragraphs 1, 2 and 3 of subsection (b) of section 1304  of
     2  the  tax law, as amended by chapter 345 of the laws of 2023, are amended
     3  to read as follows:
     4    (1) Resident married individuals filing  joint  returns  and  resident
     5  surviving  spouses.  The tax under this section for each taxable year on
     6  the city taxable income of every city resident  married  individual  who
     7  makes  a  single  return  jointly  with  [his or her] their spouse under
     8  subsection (b) of section thirteen hundred six of this  article  and  on
     9  the city taxable income of every city resident surviving spouse shall be
    10  determined in accordance with the following table:
 
    11    For taxable years beginning after two thousand twenty-six:

    12  If the city taxable income is:         The tax is:
    13  Not over [$21,600                      1.18% of the city taxable income
    14  Over $21,600 but not                   $255 plus 1.435% of excess
    15  over] $45,000                            [over $21,600] 0% of the city
    16                                           taxable income
    17  Over $45,000 but not                   $591 plus 1.455% of excess
    18  over $90,000                             over $45,000
    19  Over $90,000                           $1,245 plus 1.48% of excess
    20                                           over $90,000
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11527-01-5

        S. 7306                             2
 
     1    (2)  Resident heads of households. The tax under this section for each
     2  taxable year on the city taxable income of every city resident head of a
     3  household shall be determined in accordance with the following table:
 
     4    For taxable years beginning after two thousand twenty-six:
 
     5  If the city taxable income is:         The tax is:
     6  Not over [$14,400                      1.18% of the city taxable income
     7  Over $14,400 but not                   $170 plus 1.435% of excess
     8  over $30,000] $32,500                    [over $14,400] 0% of the
     9                                           city taxable income
    10  Over [$30,000] $32,500 but not         $394 plus 1.455% of
    11  over $60,000                             excess over [$30,000]
    12                                           $32,500
    13  Over $60,000                           $830 plus 1.48% of excess
    14                                           over $60,000
 
    15    (3)  Resident  unmarried  individuals,  resident  married  individuals
    16  filing separate returns and resident estates and trusts. The  tax  under
    17  this  section  for each taxable year on the city taxable income of every
    18  city resident individual who is not a city resident  married  individual
    19  who  makes  a single return jointly with [his or her] their spouse under
    20  subsection (b) of section thirteen hundred six of this article or a city
    21  resident head of household or a city resident surviving spouse,  and  on
    22  the city taxable income of every city resident estate and trust shall be
    23  determined in accordance with the following table:
 
    24    For taxable years beginning after two thousand twenty-six:
 
    25  If the city taxable income is:         The tax is:
    26  Not over [$12,000                      1.18% of the city taxable income
    27  Over $12,000 but not                   $142 plus 1.435% of excess
    28  over $25,000] $32,500                    [over $12,000] 0% of the
    29                                         city taxable income
    30  Over [$25,000] $32,500 but not         $328 plus 1.455% of
    31                                            excess
    32  over $50,000                             over [$25,000] $32,500
    33  Over $50,000                           $692 plus 1.48% of excess
    34                                           over $50,000
    35    §  2.  Paragraph 1 of subsection (a) of section 1304-B of the tax law,
    36  as amended by chapter 345 of the laws of 2023, is  amended  to  read  as
    37  follows:
    38    (1)  In  addition  to  any other taxes authorized by this article, any
    39  city imposing such taxes is hereby authorized and empowered to adopt and
    40  amend local laws imposing in any such city for each taxable year  begin-
    41  ning after nineteen hundred ninety but before two thousand twenty-seven,
    42  an  additional  tax  on  the  city taxable income of every city resident
    43  individual, estate and trust, to be calculated for each taxable year  as
    44  follows:  (i)  for  each  taxable  year beginning after nineteen hundred
    45  ninety but before nineteen hundred ninety-nine, at the rate of  fourteen
    46  percent  of  the  sum of the taxes for each such taxable year determined
    47  pursuant to section thirteen hundred four and section  thirteen  hundred
    48  four-A  of  this article; and (ii) for each taxable year beginning after
    49  nineteen hundred ninety-eight, at the rate of fourteen  percent  of  the
    50  tax  for  such taxable year determined pursuant to such section thirteen
    51  hundred four; provided, however, that any taxable income with a tax rate

        S. 7306                             3
 
     1  of zero percent shall not be subject to any additional tax  pursuant  to
     2  this section.
     3    §  3. Subparagraph (A) of paragraph 1, subparagraph (A) of paragraph 2
     4  and subparagraph (A) of paragraph 3 of subsection (a) of section  1304-D
     5  of  the  tax  law,  as added by section 1 of part B of chapter 63 of the
     6  laws of 2003, are amended to read as follows:
     7    (A) For taxable years beginning in two thousand five:
 
     8  If the city taxable income is:         The tax is:
     9  Not over [$21,600                      2.907% of the city taxable income
    10  Over $21,600 but not                   $628 plus 3.534% of excess
    11  over] $45,000                            [over $21,600] 0% of the city
    12                                           taxable income
    13  Over $45,000 but not                   $1,455 plus 3.591% of excess
    14  over $90,000                             over $45,000
    15  Over $90,000 but not                   $3,071 plus 3.648% of excess
    16  over $150,000                            over $90,000
    17  Over $150,000 but not                  $5,260 plus 4.05% of excess
    18  over $500,000                            over $150,000
    19  Over $500,000                          $19,435 plus 4.45% of excess
    20                                           over $500,000
    21    (A) For taxable years beginning in two thousand five:

    22  If the city taxable income is:         The tax is:
    23  Not over [$14,400                      2.907% of the city taxable income
    24  Over $14,400 but not                   $419 plus 3.534% of excess
    25  over $30,000] $32,500                    [over $14,400] 0% of the
    26                                         city taxable income
    27  Over [$30,000] $32,500 but not         $970 plus 3.591% of excess
    28  over $60,000                             over [$30,000] $32,500
    29  Over $60,000 but not                   $2,047 plus 3.648% of excess
    30  over $125,000                          over $60,000
    31  Over $125,000 but not                  $4,418 plus 4.05% of excess
    32  over $500,000                            over $125,000
    33  Over $500,000                          $19,606 plus 4.45% of excess
    34                                           over $500,000
    35    (A) For taxable years beginning in two thousand five:
 
    36  If the city taxable income is:         The tax is:
    37  Not over [$12,000                      2.907% of the city taxable income
    38  Over $12,000 but not                   $349 plus 3.534% of excess
    39  over $25,000] $32,500                    [over $12,000] 0% of the
    40                                         city taxable income
    41  Over [$25,000] $32,500 but not         $808 plus 3.591% of excess
    42  over $50,000                             over [$25,000] $32,500
    43  Over $50,000 but not                   $1,706 plus 3.648% of excess
    44  over $100,000                            over $50,000
    45  Over $100,000 but not                  $3,530 plus 4.05% of excess
    46  over $500,000                            over $100,000
    47  Over $500,000                          $19,730 plus 4.45% of excess
    48                                           over $500,000
    49    § 4. This act shall take effect immediately.
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