STATE OF NEW YORK
________________________________________________________________________
4564--A
2013-2014 Regular Sessions
IN ASSEMBLY
February 6, 2013
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Introduced by M. of A. KOLB, TEDISCO, OAKS, REILICH, CORWIN, MONTESANO,
PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CROUCH,
CURRAN, DUPREY, FINCH, GOODELL, HAWLEY, JORDAN, P. LOPEZ, RA, RAIA,
SALADINO, TENNEY, WALTER -- read once and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to net income base
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and subparagraphs (iv) and (vii) of
2 paragraph (a) of subdivision 1 of section 210 of the tax law, the open-
3 ing paragraph and subparagraph (iv) as amended by section 2 of part N of
4 chapter 60 of the laws of 2007, subparagraph (vii) as added by section 1
5 of part Z of chapter 59 of the laws of 2013, are amended to read as
6 follows:
7 Entire net income base. For taxable years beginning before July first,
8 nineteen hundred ninety-nine, the amount prescribed by this paragraph
9 shall be computed at the rate of nine percent of the taxpayer's entire
10 net income base. For taxable years beginning after June thirtieth, nine-
11 teen hundred ninety-nine and before July first, two thousand, the amount
12 prescribed by this paragraph shall be computed at the rate of eight and
13 one-half percent of the taxpayer's entire net income base. For taxable
14 years beginning after June thirtieth, two thousand and before July
15 first, two thousand one, the amount prescribed by this paragraph shall
16 be computed at the rate of eight percent of the taxpayer's entire net
17 income base. For taxable years beginning after June thirtieth, two thou-
18 sand one and before January first, two thousand seven, the amount
19 prescribed by this paragraph shall be computed at the rate of seven and
20 one-half percent of the taxpayer's entire net income base. For taxable
21 years beginning [on or] after January first, two thousand seven and
22 before January first, two thousand fourteen, the amount prescribed by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05916-02-3
A. 4564--A 2
1 this paragraph shall be computed at the rate of seven and one-tenth
2 percent of the taxpayer's entire net income base. For taxable years
3 beginning on or after January first, two thousand fourteen, the amount
4 prescribed by this paragraph shall be computed at the rate of six and
5 eighty-five one hundredth percent of the taxpayer's entire net income
6 base. The taxpayer's entire net income base shall mean the portion of
7 the taxpayer's entire net income allocated within the state as herein-
8 after provided, subject to any modification required by paragraphs (d)
9 and (e) of subdivision three of this section. However, in the case of a
10 small business taxpayer, as defined in paragraph (f) of this subdivi-
11 sion, the amount prescribed by this paragraph shall be computed pursuant
12 to subparagraph (iv) of this paragraph and in the case of a manufactur-
13 er, as defined in subparagraph (vi) of this paragraph, the amount
14 prescribed by this paragraph shall be computed pursuant to subparagraph
15 (vi) of this paragraph.
16 (iv) for taxable years beginning [on or] after January first, two
17 thousand seven and before January first, two thousand fourteen, if the
18 entire net income base is not more than two hundred ninety thousand
19 dollars the amount shall be six and one-half percent of the entire net
20 income base; if the entire net income base is more than two hundred
21 ninety thousand dollars but not over three hundred ninety thousand
22 dollars the amount shall be the sum of (1) eighteen thousand eight
23 hundred fifty dollars, (2) seven and one-tenth percent of the excess of
24 the entire net income base over two hundred ninety thousand dollars but
25 not over three hundred ninety thousand dollars and (3) four and thirty-
26 five hundredths percent of the excess of the entire net income base over
27 three hundred fifty thousand dollars but not over three hundred ninety
28 thousand dollars. For taxable years beginning on or after January first,
29 two thousand fourteen, if the entire net income is not over three
30 hundred ninety thousand dollars the amount shall be six percent of the
31 entire net income base; provided that the rate at which the tax is
32 computed in effect for taxable years beginning on or after January
33 first, two thousand fourteen and before January first, two thousand
34 fifteen, shall be reduced by nine and two-tenths percent, for taxable
35 years commencing on or after January first, two thousand fifteen and
36 before January first, two thousand sixteen, twelve and three-tenths
37 percent, for taxable years commencing on or after January first, two
38 thousand sixteen and before January first, two thousand seventeen,
39 fifteen and four-tenths percent, for taxable years commencing on or
40 after January first, two thousand seventeen and before January first,
41 two thousand eighteen, twenty-five percent, for taxable years beginning
42 or or after January first, two thousand eighteen and before January
43 first, two thousand nineteen, and one hundred percent for taxable years
44 beginning on and after January first, two thousand nineteen;
45 (vii) For a qualified New York manufacturer, as defined in subpara-
46 graph (vi) of this paragraph, the rate at which the tax is computed in
47 effect for taxable years beginning on or after January first, two thou-
48 sand thirteen and before January first, two thousand fourteen for quali-
49 fied New York manufacturers shall be reduced by nine and two-tenths
50 percent for taxable years commencing on or after January first, two
51 thousand fourteen and before January first, two thousand fifteen, twelve
52 and three-tenths percent for taxable years commencing on or after Janu-
53 ary first, two thousand fifteen and before January first, two thousand
54 sixteen, fifteen and four-tenths percent for taxable years commencing on
55 or after January first, two thousand sixteen and before January first,
56 two thousand eighteen, [and] twenty-five percent for taxable years
A. 4564--A 3
1 beginning on or after January first, two thousand eighteen and before
2 January first, two thousand nineteen, and one hundred percent for taxa-
3 ble years beginning on and after January first, two thousand nineteen.
4 § 2. This act shall take effect immediately.
