STATE OF NEW YORK
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4104--A
2015-2016 Regular Sessions
IN SENATE
February 27, 2015
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Introduced by Sen. CARLUCCI -- 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 a senior utili-
ty circuit breaker personal income tax 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) Senior utility circuit breaker tax credit. (1) Definitions. For
4 the purposes of this subsection:
5 (A) "Qualified taxpayer" means a resident individual, married or head
6 of household taxpayer who is over sixty-five years of age, with a house-
7 hold gross income of one hundred fifty thousand dollars or less.
8 (B) "Household" or "members of the household" means a qualified
9 taxpayer and all other persons, not necessarily related, who have the
10 same residence and share its furnishings, facilities and accommodations.
11 Such terms shall not include a tenant, subtenant, roomer or boarder who
12 is not related to the qualified taxpayer in any degree specified in
13 paragraphs one through eight of subsection (a) of section one hundred
14 fifty-two of the internal revenue code. Provided, however, no person may
15 be a member of more than one household at one time.
16 (C) "Household gross income" means the aggregate adjusted gross income
17 of all members of the household for the taxable year as reported for
18 federal income tax purposes, or which would be reported as adjusted
19 gross income if a federal income tax return were required to be filed,
20 with the modifications in subsection (b) of section six hundred twelve
21 of this article but without the modifications in subsection (c) of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09183-02-6
S. 4104--A 2
1 section, plus any portion of the gain from the sale or exchange of prop-
2 erty otherwise excluded from such amount; earned income from sources
3 without the United States excludable from federal gross income by
4 section nine hundred eleven of the internal revenue code; support money
5 not included in adjusted gross income; nontaxable strike benefits;
6 supplemental security income payments; the gross amount of any pension
7 or annuity benefits to the extent not included in such adjusted gross
8 income (including, but not limited to, railroad retirement benefits and
9 all payments received under the federal social security act and veter-
10 ans' disability pensions); nontaxable interest received from the state
11 of New York, its agencies, instrumentalities, public corporations, or
12 political subdivisions (including a public corporation created pursuant
13 to agreement or compact with another state or Canada); workers' compen-
14 sation; the gross amount of "loss-of-time" insurance; and the amount of
15 cash public assistance and relief, other than medical assistance for the
16 needy, paid to or for the benefit of the qualified taxpayer or members
17 of his household. Household gross income shall not include surplus foods
18 or other relief in kind or payments made to individuals because of their
19 status as victims of Nazi persecution as defined in P.L. 103-286.
20 Provided, further, household gross income shall only include all such
21 income received by all members of the household while members of such
22 household.
23 (D) "Residence" means a dwelling in this state, whether owned or rent-
24 ed.
25 (E) "Eligible expenses" means payments made by a qualified taxpayer
26 for the following goods and services delivered and used at his or her
27 primary residence:
28 (i) residential gas, electric and steam utility service which is
29 subject to the provisions of article two of the public service law;
30 (ii) residential water and sewer service;
31 (iii) home heating fuel, which shall include fuel oil, coal, wood,
32 propane, natural gas, electricity, steam, kerosene and any other fuel
33 when used for residential heating purposes; and
34 (iv) telecommunications services as defined in paragraph (g) of subdi-
35 vision one of section one hundred eighty-six-e of this chapter, and
36 shall not include wireless communications service, as defined by subdi-
37 vision ten of section three hundred one of the county law, unless such
38 wireless service is the only means by which the qualified taxpayer
39 receives telephonic services.
40 (2) Computation of credit. For taxable years beginning on and after
41 January first, two thousand sixteen, a qualified taxpayer shall be
42 allowed a credit, to be credited against the tax imposed by this arti-
43 cle. The amount of the credit shall be one-half of all eligible expenses
44 paid by the qualified taxpayer to the extent such expenses exceed seven
45 percent of the qualified taxpayer's household gross income. Such credit
46 shall be reduced by the amount of any moneys received by the qualified
47 taxpayer pursuant to the low-income home energy assistance program
48 established pursuant to section ninety-seven of the social services law.
49 (3) Overpayment. If the amount of the credit allowed under this
50 subsection for any taxable year shall exceed the qualified taxpayer's
51 tax for such year, the excess shall be treated as an overpayment of tax
52 to be credited or refunded in accordance with section six hundred eight-
53 y-six of this article, provided, however, that no interest shall be paid
54 thereon.
55 § 2. This act shall take effect immediately.
