S00338 Summary:

BILL NOS00338
 
SAME ASSAME AS A04573
 
SPONSORAKSHAR
 
COSPNSRHELMING
 
MLTSPNSR
 
Amd 606, Tax L
 
Relates to increasing the volunteer firefighters' and ambulance workers' credit; increases the amount of the credit from $200 to $500 for single filers who have served for less than five years and from $200 to $1,000 for single filers who serve at least five years and from $400 to $1,000 for spouses filing jointly where one spouse has served less than five years and from $400 to $2,000 for spouses filing jointly who have each served at least five years.
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S00338 Actions:

BILL NOS00338
 
01/09/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
03/11/2019NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
04/30/2019REPORTED AND COMMITTED TO FINANCE
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S00338 Committee Votes:

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S00338 Floor Votes:

There are no votes for this bill in this legislative session.
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S00338 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           338
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sen.  AKSHAR -- 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  increasing  the  volunteer
          firefighters' and ambulance workers' credit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (e-2) of section 606 of the tax law, as added by
     2  section 1 of part U of chapter 62 of the laws of 2006,  paragraph  2  as
     3  amended  by  chapter  532  of the laws of 2007, paragraph 3 as added and
     4  paragraph 4 as renumbered by section 4 of part N of chapter  61  of  the
     5  laws  of 2006, and as relettered by section 1 of part K of chapter 59 of
     6  the laws of 2014, is amended to read as follows:
     7    (e-2) Volunteer firefighters' and ambulance workers' credit.  (1)  For
     8  taxable  years  beginning on and after January first, two thousand seven
     9  and before January first, two thousand nineteen, a resident taxpayer who
    10  serves as an active volunteer firefighter as defined in subdivision  one
    11  of  section  two  hundred  fifteen  of the general municipal law or as a
    12  volunteer ambulance worker as defined in subdivision fourteen of section
    13  two hundred nineteen-k of the general municipal law shall be  allowed  a
    14  credit  against  the  tax  imposed  by this article equal to two hundred
    15  dollars.  For taxable years beginning on and after  January  first,  two
    16  thousand nineteen, a resident taxpayer who serves as an active volunteer
    17  firefighter as defined in subdivision one of section two hundred fifteen
    18  of  the  general  municipal  law  or  as a volunteer ambulance worker as
    19  defined in subdivision fourteen of section two hundred nineteen-k of the
    20  general municipal law and has been in good standing for a period of four
    21  years or less shall be allowed a credit against the tax imposed by  this
    22  article equal to five hundred dollars and a resident taxpayer who serves
    23  as an active volunteer firefighter or volunteer ambulance worker and has
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05374-01-9

        S. 338                              2
 
     1  been  in  good  standing  for a minimum of five years shall be allowed a
     2  credit against the tax imposed by this article  equal  to  one  thousand
     3  dollars.  In  order  to  receive  this credit a volunteer firefighter or
     4  volunteer  ambulance worker must have been active for the entire taxable
     5  year for which the credit is sought.
     6    (2) If a taxpayer receives a real property tax exemption  relating  to
     7  such  service  under  title two of article four of the real property tax
     8  law, such taxpayer shall not be  eligible  for  this  credit;  provided,
     9  however (A) if the taxpayer receives such real property tax exemption in
    10  the  two  thousand  seven taxable year as a result of making application
    11  therefor in a prior year or (B) if the  taxpayer  notifies  his  or  her
    12  assessor  in writing by December thirty-first, two thousand seven of the
    13  taxpayer's intent to discontinue such real property tax exemption by not
    14  re-applying for such real property tax exemption  by  the  next  taxable
    15  status date, such taxpayer shall be eligible for this credit for the two
    16  thousand seven taxable year.
    17    (3)  In the case of a husband and wife who file a joint return and who
    18  both individually qualify for the  credit  under  this  subsection,  for
    19  taxable  years  beginning on and after January first, two thousand seven
    20  and before January first, two thousand nineteen, the amount of the cred-
    21  it allowed shall be four hundred dollars. For taxable years beginning on
    22  and after January first, two thousand nineteen, the amount of the credit
    23  shall be one thousand dollars where  at  least  one  of  the  qualifying
    24  spouses has served as an active volunteer firefighter or volunteer ambu-
    25  lance worker for less than five years. In the case of a husband and wife
    26  who  file  a  joint return, who both individually qualify for the credit
    27  under this subsection and who have each served a minimum of five  years,
    28  the amount of the credit allowed shall be two thousand dollars.
    29    (4)  If the amount of the credit allowed under this subsection for any
    30  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    31  shall  be treated as an overpayment of tax to be credited or refunded in
    32  accordance with the provisions of section six hundred eighty-six of this
    33  article, provided, however, that no interest shall be paid thereon.
    34    § 2. Subsection (e-1) of section 606 of  the  tax  law,  as  added  by
    35  section  1  of  part U of chapter 62 of the laws of 2006, paragraph 2 as
    36  amended by chapter 532 of the laws of 2007, paragraph  3  as  added  and
    37  paragraph  4  as  renumbered by section 4 of part N of chapter 61 of the
    38  laws of 2006, is amended to read as follows:
    39    (e-1) Volunteer firefighters' and ambulance workers' credit.  (1)  For
    40  taxable  years  beginning on and after January first, two thousand seven
    41  and before January first, two thousand nineteen, a resident taxpayer who
    42  serves as an active volunteer firefighter as defined in subdivision  one
    43  of  section  two  hundred  fifteen  of the general municipal law or as a
    44  volunteer ambulance worker as defined in subdivision fourteen of section
    45  two hundred nineteen-k of the general municipal law shall be  allowed  a
    46  credit  against  the  tax  imposed  by this article equal to two hundred
    47  dollars.  For taxable years beginning on and after  January  first,  two
    48  thousand nineteen, a resident taxpayer who serves as an active volunteer
    49  firefighter as defined in subdivision one of section two hundred fifteen
    50  of  the  general  municipal  law  or  as a volunteer ambulance worker as
    51  defined in subdivision fourteen of section two hundred nineteen-k of the
    52  general municipal law and has been in good standing for a period of four
    53  years or less shall be allowed a credit against the tax imposed by  this
    54  article equal to five hundred dollars and a resident taxpayer who serves
    55  as an active volunteer firefighter or volunteer ambulance worker and has
    56  been  in  good  standing  for a minimum of five years shall be allowed a

        S. 338                              3
 
     1  credit against the tax imposed by this article  equal  to  one  thousand
     2  dollars.  In  order  to  receive  this credit a volunteer firefighter or
     3  volunteer ambulance worker must have been active for the entire  taxable
     4  year for which the credit is sought.
     5    (2)  If  a taxpayer receives a real property tax exemption relating to
     6  such service under title two of article four of the  real  property  tax
     7  law,  such  taxpayer  shall  not  be eligible for this credit; provided,
     8  however (A) if the taxpayer receives such real property tax exemption in
     9  the two thousand seven taxable year as a result  of  making  application
    10  therefor  in  a  prior  year  or (B) if the taxpayer notifies his or her
    11  assessor in writing by December thirty-first, two thousand seven of  the
    12  taxpayer's intent to discontinue such real property tax exemption by not
    13  re-applying  for  such  real  property tax exemption by the next taxable
    14  status date, such taxpayer shall be eligible for this credit for the two
    15  thousand seven taxable year.
    16    (3) In the case of a husband and wife who file a joint return and  who
    17  both individually qualify for the credit under this subsection for taxa-
    18  ble  years  beginning on and after January first, two thousand seven and
    19  before January first, two thousand nineteen, the amount  of  the  credit
    20  allowed  shall  be  four hundred dollars. For taxable years beginning on
    21  and after January first, two thousand nineteen, the amount of the credit
    22  shall be one thousand dollars where  at  least  one  of  the  qualifying
    23  spouses has served as an active volunteer firefighter or volunteer ambu-
    24  lance worker for less than five years. In the case of a husband and wife
    25  who  file  a  joint return, who both individually qualify for the credit
    26  under this subsection and who have each served a minimum of five  years,
    27  the amount of the credit allowed shall be two thousand dollars.
    28    (4)  If the amount of the credit allowed under this subsection for any
    29  taxable year shall exceed the taxpayer's tax for such year,  the  excess
    30  shall  be treated as an overpayment of tax to be credited or refunded in
    31  accordance with the provisions of section six hundred eighty-six of this
    32  article, provided, however, that no interest shall be paid thereon.
    33    § 3. This act shall take effect immediately;  provided,  however,  the
    34  amendments  to  subsection  (e-2)  of section 606 of the tax law made by
    35  section one of this act shall be subject to the expiration and reversion
    36  of such subsection pursuant to section 3 of part K of chapter 59 of  the
    37  laws  of 2014, as amended, when upon such date the provisions of section
    38  two of this act shall take effect.
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