Establishes the New York state foreign dependent children tax inclusion act authorizing a tax deduction for support provided to children outside of the United States; defines "dependent children"; provides an exemption of $1,000 for each foreign dependent child.
STATE OF NEW YORK
________________________________________________________________________
2785--A
2015-2016 Regular Sessions
IN SENATE
January 29, 2015
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the tax law, in relation to establishing the New York
state foreign dependent children tax inclusion act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York state foreign dependent children tax inclusion act".
3 § 2. Subsection (c) of section 614 of the tax law, as amended by chap-
4 ter 170 of the laws of 1994, is amended to read as follows:
5 (c) Head of household. (1) For taxable years beginning after nineteen
6 hundred ninety-six, the New York standard deduction of an individual who
7 is a head of household shall be ten thousand five hundred dollars; for
8 taxable years beginning in nineteen hundred ninety-six, such standard
9 deduction shall be ten thousand dollars; for taxable years beginning in
10 nineteen hundred ninety-five, such standard deduction shall be eight
11 thousand one hundred fifty dollars; and for taxable years beginning
12 after nineteen hundred eighty-nine and before nineteen hundred ninety-
13 five, such standard deduction shall be seven thousand dollars.
14 (2) (A) For taxable years beginning after two thousand eighteen, an
15 individual providing support to a dependent child or children residing
16 outside of the United States shall be deemed head of household for
17 purposes of this subsection where the individual provides proof of:
18 (i) the legal relationship between the individual and his or her
19 dependent child or children; and
20 (ii) the amount of money which the dependent child or children
21 received from the individual.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06958-02-6
S. 2785--A 2
1 (B) Support provided to children outside of the United States means
2 money or other financial support which is sent or transferred outside
3 the United States to a dependent child of the individual.
4 (C) For the purposes of this subsection, the term "dependent child"
5 shall mean any child of the individual who is age eighteen or younger.
6 (D) Any taxpayer who submits a false or fraudulent document to the
7 department regarding the proof required pursuant to this subsection
8 shall be subject to the penalty imposed pursuant to subsection (cc) of
9 section six hundred eighty-five of this article.
10 § 3. Section 616 of the tax law is amended by adding a new subsection
11 (c) to read as follows:
12 (c) Foreign dependent children. For taxable years beginning after two
13 thousand eighteen, a resident individual shall be allowed a New York
14 exemption of one thousand dollars for each dependent child residing
15 outside of the United States. Such individual shall provide proof of the
16 legal relationship between the individual and his or her dependent child
17 or children and the amount of money the individual provides to the
18 dependent child or children. Any taxpayer who submits a false or frau-
19 dulent document to the department regarding the proof required pursuant
20 to this subsection shall be subject to the penalty imposed pursuant to
21 subsection (cc) of section six hundred eighty-five of this article. For
22 purposes of this subsection, the term "dependent child" shall mean any
23 child of the resident individual who is age eighteen or younger who
24 resides outside of the United States.
25 § 4. This act shall take effect immediately. The commissioner of
26 taxation and finance is authorized to promulgate any and all rules and
27 regulations and take any other measures necessary to implement this act
28 on its effective date.
