STATE OF NEW YORK
________________________________________________________________________
8119
IN SENATE
January 25, 2022
___________
Introduced by Sen. CLEARE -- 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 making certain taxpayers
exempt from the city personal income tax of the city of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs 1, 2 and 3 of subsection (b) of section 1304 of
2 the tax law, as amended by section 3 of subpart G of part XXX of chapter
3 58 of the laws of 2020, are amended to read as follows:
4 (1) Resident married individuals filing joint returns and resident
5 surviving spouses. The tax under this section for each taxable year on
6 the city taxable income of every city resident married individual who
7 makes a single return jointly with his or her spouse under subsection
8 (b) of section thirteen hundred six of this article and on the city
9 taxable income of every city resident surviving spouse shall be deter-
10 mined in accordance with the following table:
11 For taxable years beginning after two thousand twenty-three:
12 If the city taxable income is: The tax is:
13 Not over [$21,600 1.18% of the city taxable income
14 Over $21,600 but not $255 plus 1.435% of excess
15 over] $45,000 [over $21,600] 0% of the city
16 taxable income
17 Over $45,000 but not $591 plus 1.455% of excess
18 over $90,000 over $45,000
19 Over $90,000 $1,245 plus 1.48% of excess
20 over $90,000
21 (2) Resident heads of households. The tax under this section for each
22 taxable year on the city taxable income of every city resident head of a
23 household shall be determined in accordance with the following table:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05146-01-1
S. 8119 2
1 For taxable years beginning after two thousand twenty-three:
2 If the city taxable income is: The tax is:
3 Not over [$14,400 1.18% of the city taxable income
4 Over $14,400 but not $170 plus 1.435% of excess
5 over $30,000] $32,500 [over $14,400] 0% of the
6 city taxable income
7 Over [$30,000] $32,500 $394 plus 1.455% of excess
8 but not over $60,000 over [$30,000] $32,500
9 Over $60,000 $830 plus 1.48% of excess
10 over $60,000
11 (3) Resident unmarried individuals, resident married individuals
12 filing separate returns and resident estates and trusts. The tax under
13 this section for each taxable year on the city taxable income of every
14 city resident individual who is not a city resident married individual
15 who makes a single return jointly with his or her spouse under
16 subsection (b) of section thirteen hundred six of this article or a city
17 resident head of household or a city resident surviving spouse, and on
18 the city taxable income of every city resident estate and trust shall be
19 determined in accordance with the following table:
20 For taxable years beginning after two thousand twenty-three:
21 If the city taxable income is: The tax is:
22 Not over [$12,000 1.18% of the city taxable income
23 Over $12,000 but not $142 plus 1.435% of excess
24 over $25,000] $32,500 [over $12,000] 0% of the
25 city taxable income
26 Over [$25,000] $32,500 $328 plus 1.455% of excess
27 but not over $50,000 over [$25,000] $32,500
28 Over $50,000 $692 plus 1.48% of excess
29 over $50,000
30 § 2. Paragraph 1 of subsection (a) of section 1304-B of the tax law,
31 as amended by section 4 of subpart G of part XXX of chapter 58 of the
32 laws of 2020, is amended to read as follows:
33 (1) In addition to any other taxes authorized by this article, any
34 city imposing such taxes is hereby authorized and empowered to adopt and
35 amend local laws imposing in any such city for each taxable year begin-
36 ning after nineteen hundred ninety but before two thousand twenty-four,
37 an additional tax on the city taxable income of every city resident
38 individual, estate and trust, to be calculated for each taxable year as
39 follows: (i) for each taxable year beginning after nineteen hundred
40 ninety but before nineteen hundred ninety-nine, at the rate of fourteen
41 percent of the sum of the taxes for each such taxable year determined
42 pursuant to section thirteen hundred four and section thirteen hundred
43 four-A of this article; and (ii) for each taxable year beginning after
44 nineteen hundred ninety-eight, at the rate of fourteen percent of the
45 tax for such taxable year determined pursuant to such section thirteen
46 hundred four; provided, however, that any taxable income with a tax rate
47 of zero percent shall not be subject to any additional tax pursuant to
48 this section.
49 § 3. Subparagraph (A) of paragraph 1, subparagraph (A) of paragraph 2
50 and subparagraph (A) of paragraph 3 of subsection (a) of section 1304-D
51 of the tax law, as added by section 1 of part B of chapter 63 of the
52 laws of 2003, are amended to read as follows:
S. 8119 3
1 (A) For taxable years beginning in two thousand five:
2 If the city taxable income is: The tax is:
3 Not over [$21,600 2.907% of the city taxable income
4 Over $21,600 but not $628 plus 3.534% of excess
5 over] $45,000 [over $21,600] 0% of the city
6 taxable income
7 Over $45,000 but not $1,455 plus 3.591% of excess
8 over $90,000 over $45,000
9 Over $90,000 but not $3,071 plus 3.648% of excess
10 over $150,000 over $90,000
11 Over $150,000 but not $5,260 plus 4.05% of excess
12 over $500,000 over $150,000
13 Over $500,000 $19,435 plus 4.45% of excess
14 over $500,000
15 (A) For taxable years beginning in two thousand five:
16 If the city taxable income is: The tax is:
17 Not over [$14,400 2.907% of the city taxable income
18 Over $14,400 but not $419 plus 3.534% of excess
19 over $30,000] $32,500 [over $14,400] 0% of the
20 city taxable income
21 Over [$30,000] $32,500 but not $970 plus 3.591% of excess
22 over $60,000 over [$30,000] $32,500
23 Over $60,000 but not $2,047 plus 3.648% of excess
24 over $125,000 over $60,000
25 Over $125,000 but not $4,418 plus 4.05% of excess
26 over $500,000 over $125,000
27 Over $500,000 $19,606 plus 4.45% of excess
28 over $500,000
29 (A) For taxable years beginning in two thousand five:
30 If the city taxable income is: The tax is:
31 Not over [$12,000 2.907% of the city taxable income
32 Over $12,000 but not $349 plus 3.534% of excess
33 over $25,000] $32,500 [over $12,000] 0% of the
34 city taxable income
35 Over [$25,000] $32,500 but not $808 plus 3.591% of excess
36 over $50,000 over [$25,000] $32,500
37 Over $50,000 but not $1,706 plus 3.648% of excess
38 over $100,000 over $50,000
39 Over $100,000 but not $3,530 plus 4.05% of excess
40 over $500,000 over $100,000
41 Over $500,000 $19,730 plus 4.45% of excess
42 over $500,000
43 § 4. This act shall take effect immediately.
