STATE OF NEW YORK
________________________________________________________________________
3026
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
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Introduced by M. of A. WALSH, MORINELLO, HAWLEY, SALKA, BARCLAY, BLANK-
ENBUSH, BRABENEC, TAGUE -- Multi-Sponsored by -- M. of A. MANKTELOW --
read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law and the administrative code of the city of
New York, in relation to taxable estates; and to repeal article 26 of
the tax law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 26 of the tax law is REPEALED.
2 § 2. Subdivision (r) of section 11-1712 of the administrative code of
3 the city of New York, as relettered by section 60 of chapter 639 of the
4 laws of 1986 and such section as renumbered by section 43 of chapter 639
5 of the laws of 1986, is amended to read as follows:
6 (r) In the case of a sale or other disposition of property acquired
7 from a decedent and valued by the executor of the estate of such dece-
8 dent [for the purposes of the tax under article twenty-six of the tax
9 law (i) pursuant to paragraph two of subsection (b) of section nine
10 hundred fifty-four of the tax law, or (ii) pursuant to section nine
11 hundred fifty-four-a of the tax law,] where such estate was insufficient
12 to require the filing of a federal estate tax return, the amount neces-
13 sary to properly reflect the gain or loss from such sale or other dispo-
14 sition which would have been realized under this chapter, had[, in the
15 case of clause (i) of this subdivision,] a federal estate tax return
16 been filed similarly valuing such property pursuant to section two thou-
17 sand thirty-two of the internal revenue code, or [in the case of clause
18 (ii) of this subdivision,] pursuant to section two thousand thirty-two-A
19 of such code.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03920-01-1
