STATE OF NEW YORK
________________________________________________________________________
2295
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to creating a disabled person
retrofit tax credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 606 of the tax law is amended by adding a new
2 subsection (ooo) to read as follows:
3 (ooo) Disabled person retrofit tax credit. (1) For taxable years
4 beginning on or after January first, two thousand twenty-four, a taxpay-
5 er who has a disability shall be allowed a credit, to be computed as
6 hereinafter provided, against the tax imposed by this article. The
7 amount of the credit shall be equal to thirty percent of the cost of the
8 expenditures made by the taxpayer with respect to the installation of
9 qualified improvements at a dwelling occupied by the taxpayer as his or
10 her domicile and may be allowed in the following year in which the
11 expenditure is incurred; provided that the lifetime credit allowable
12 with regard to expenditures for the installation of qualified improve-
13 ments at a particular dwelling by any taxpayer shall not exceed five
14 thousand dollars in the aggregate for improvements made to that dwell-
15 ing. Subject to the provisions of this subsection, a taxpayer shall be
16 allowed a credit, not to exceed five thousand dollars in the aggregate,
17 for each dwelling that the taxpayer occupies as his or her domicile and
18 at which the taxpayer installs qualified improvements.
19 (2) As used in this subsection "disability" means:
20 (A) a physical, mental or medical impairment resulting from anatom-
21 ical, physiological, genetic or neurological conditions which prevents
22 the exercise of a normal bodily function or is demonstrable by medically
23 accepted clinical or laboratory diagnostic techniques;
24 (B) a record of such an impairment; or
25 (C) a condition regarded by others as such an impairment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00477-01-3
A. 2295 2
1 (3) As used in this subsection "qualified improvements" means the
2 installation of:
3 (A) a no-step entrance or entrances allowing access into the resi-
4 dence;
5 (B) interior passage doors providing at least a thirty-two inch wide
6 opening;
7 (C) reinforcements in bathroom walls allowing installation of grab
8 bars around the toilet, tub and shower; and
9 (D) light switches and outlets placed in locations accessible to disa-
10 bled persons.
11 (4) If the amount of credit allowable under this subsection shall
12 exceed the taxpayer's tax for such year, the excess may be carried over
13 to the following year or years and may be deducted from the taxpayer's
14 tax for such year or years.
15 (5) (A) The provisions of this subsection shall not apply to any
16 dwelling owned solely for commercial purposes. In the case of a building
17 where less than the entire building is used as a residence of the
18 taxpayer, only the portion of the total expenditures made in the build-
19 ing that is attributable to the residence of the taxpayer shall be
20 treated as qualified expenditures for the purposes of this subsection.
21 (B) If the taxpayer occupies the dwelling as his or her domicile for
22 only a portion of a tax year in which a credit under this subsection is
23 claimed, the amount of the allowable credit shall be reduced in propor-
24 tion to the amount of time the taxpayer did not occupy the dwelling as
25 his or her domicile.
26 (C) In the case of a dwelling that is owned by and is a residence of
27 two or more persons, other than a husband and wife, the portion of the
28 total expenditures made in the rehabilitation of the building that is
29 attributable to each taxpayer shall be equal to the taxpayer's share of
30 ownership in such building.
31 (6) The taxpayer shall furnish such information as the commissioner
32 determines is necessary to determine any credit under this subsection.
33 (7) The aggregate amount of tax credits allowed shall be five hundred
34 thousand dollars each year. Such aggregate amount of credits shall be
35 allocated by the department.
36 (8) The credit provided for under this subsection shall be limited to
37 taxpayers who are able to furnish any and all requested information to
38 the commissioner to determine eligibility for such credit.
39 § 2. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after January 1, 2024;
41 provided further, this act shall apply to all tax years commencing on or
42 after January 1, 2024.
