STATE OF NEW YORK
________________________________________________________________________
6318
2015-2016 Regular Sessions
IN ASSEMBLY
March 20, 2015
___________
Introduced by M. of A. SILVER, BICHOTTE, LENTOL, SIMANOWITZ, WEPRIN,
ORTIZ, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. ARROYO, BENEDET-
TO, BRAUNSTEIN, BRINDISI, COLTON, COOK, CRESPO, CYMBROWITZ, DenDEKKER,
GJONAJ, GOLDFEDER, HEVESI, MARKEY, McDONALD, MILLER, MOSLEY, PEOPLES-
STOKES, PERRY, PRETLOW, RIVERA, ROBINSON, RODRIGUEZ, RUSSELL, SKARTA-
DOS, TITUS, WEINSTEIN, WRIGHT -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to creating the primary or
secondary education tuition 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 (ccc) to read as follows:
3 (ccc) Primary or secondary education tuition credit. (1) General. A
4 resident taxpayer shall be allowed a credit, to be computed as provided
5 in paragraph four of this subsection, against the tax imposed by this
6 article, for allowable primary or secondary education tuition expenses.
7 (2) Allowable and qualified primary or secondary education tuition
8 expenses. For the purposes of this credit:
9 (A) The term "allowable primary or secondary education tuition
10 expenses" shall mean the amount of qualified primary or secondary educa-
11 tion tuition expenses of eligible students paid by the taxpayer during
12 the taxable year, in excess of one thousand dollars but no more than
13 five thousand dollars;
14 (B) The term "eligible student" shall mean any dependent of the
15 taxpayer with respect to whom the taxpayer is allowed an exemption under
16 section six hundred sixteen of this article for the taxable year;
17 (C) The term "qualified primary or secondary education tuition
18 expenses" shall mean the tuition required for the enrollment or attend-
19 ance of an eligible student at an institution of primary or secondary
20 education, including tutoring in connection with such course of study at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09898-03-5
A. 6318 2
1 such institution. In addition, such expense shall include nursery and
2 kindergarten tuition. Provided, however, tuition payments made pursuant
3 to the receipt of any scholarships or financial aid shall be excluded
4 from the definition of "qualified primary or secondary education tuition
5 expenses".
6 (D) Expenses paid by dependent. If an exemption under section six
7 hundred sixteen of this article with respect to an individual is allowed
8 to another taxpayer for a taxable year beginning in the calendar year in
9 which such individual's taxable year begins,
10 (i) no credit under this subsection shall be allowed to such individ-
11 ual for such individual's taxable year, and
12 (ii) for purposes of such credit qualified primary or secondary educa-
13 tion tuition expenses paid by such individual during such individual's
14 taxable year shall be treated as paid by such other taxpayer.
15 (3) Institution of primary or secondary education. For the purposes of
16 this credit, the term "institution of primary or secondary education"
17 shall mean any not-for-profit elementary or secondary sectarian or
18 nonsectarian school located in this state, including any free elementary
19 or secondary school in this state pursuant to article eleven of the
20 constitution.
21 (4) Amount of credit. The amount of the credit shall be equal to
22 twelve and one-half percent of allowable primary or secondary education
23 expenses per eligible student.
24 (5) Refundability. The credit under this subsection shall be allowed
25 against the taxes imposed by this article for the taxable year reduced
26 by the credits permitted by this article. If the credit exceeds the tax
27 as so reduced, the taxpayer may receive, and the comptroller, subject to
28 a certificate of the commissioner, shall pay as an overpayment, without
29 interest, the amount of such excess.
30 § 2. This act shall take effect immediately and shall apply to taxable
31 years beginning on or after January 1, 2015, provided, however, allow-
32 able primary or secondary tuition expenses incurred and paid on or after
33 July 1, 2015, shall be eligible for the primary or secondary education
34 tuition credit for taxable year 2015.
