Provides that if a taxpayer has not received the advance payment of credit under the STAR program prior to the end of the taxable year then such taxpayer shall have thirty days to file an application for a STAR exemption.
STATE OF NEW YORK
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2593
2021-2022 Regular Sessions
IN SENATE
January 22, 2021
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law and the tax law, in relation
to the school tax relief (STAR) credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 425 of the real property tax law is amended by
2 adding a new subdivision 18 to read as follows:
3 18. Notwithstanding any other provision of law, rule, or regulation to
4 the contrary if a qualified taxpayer has not received an advance payment
5 of credit pursuant to subparagraph (B) of paragraph ten of subsection
6 (eee) of section six hundred six of the tax law by December thirty-first
7 such taxpayer shall be authorized to apply for a school tax relief
8 exemption pursuant to this section. Such taxpayer shall have thirty days
9 from the last day of the prior taxable year or the applicable taxable
10 status date to apply for the exemption, whichever is later; provided
11 however that for the two thousand eighteen tax year such taxpayer shall
12 have thirty days from the effective date of this subdivision.
13 § 2. The opening paragraph of subparagraph (B) of paragraph 10 of
14 subsection (eee) of section 606 of the tax law, as amended by section 2
15 of part TT of chapter 59 of the laws of 2017, is amended to read as
16 follows:
17 On or before the date specified below, [or as soon thereafter as prac-
18 ticable,] the commissioner shall determine the eligibility of taxpayers
19 for this credit utilizing the information available to him or her as
20 obtained from the applications submitted on or before July first of that
21 year, or such later date as may have been prescribed by the commissioner
22 for that purpose, and from such other sources as the commissioner deems
23 reliable and appropriate. For those taxpayers whom the commissioner has
24 determined eligible for this credit, the commissioner shall advance a
25 payment in the amount specified in paragraph three, four or six of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04528-01-1
S. 2593 2
1 subsection, whichever is applicable. Such payment shall be issued by the
2 date specified below, or as soon thereafter as is practicable; provided
3 that if such payment is issued after such date, it shall be subject to
4 interest at the rate prescribed by subparagraph (A) of paragraph two of
5 subsection (j) of section six hundred ninety-seven of this article.
6 Nothing contained herein shall be deemed to preclude the commissioner
7 from issuing payments after such date to qualified taxpayers whose
8 applications were made after July first of that year, or such later date
9 as may have been prescribed by the commissioner for such purpose.
10 § 3. This act shall take effect immediately.
