S T A T E O F N E W Y O R K
________________________________________________________________________
2654
2009-2010 Regular Sessions
I N S E N A T E
February 26, 2009
___________
Introduced by Sen. KLEIN -- 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 income tax rates and stand-
ard deductions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 2, 3, 4, 5, 6, 7 and 8 of subsection (a) of
section 601 of the tax law are renumbered paragraphs 3, 4, 5, 6, 7, 8
and 9.
S 2. Paragraph 1 of subsection (a) of section 601 of the tax law, as
amended by section 1 of part Y3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND EIGHT:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $16,000 4% OF THE NEW YORK TAXABLE
INCOME
OVER $16,000 BUT NOT OVER $22,000 $640 PLUS 4.5% OF EXCESS OVER
$16,000
OVER $22,000 BUT NOT OVER $26,000 $910 PLUS 5.25% OF EXCESS OVER
$22,000
OVER $26,000 BUT NOT OVER $40,000 $1,120 PLUS 5.9% OF EXCESS OVER
$26,000
OVER $40,000 BUT NOT OVER $1,946 PLUS 6.85% OF EXCESS OVER
$250,000 $40,000
OVER $250,000 BUT NOT OVER $16,331 PLUS 7.25% OF EXCESS OVER
$500,000 $250,000
OVER $500,000 BUT NOT OVER $34,456 PLUS 7.7% OF EXCESS OVER
$1,000,000 $500,000
OVER $1,000,000 BUT NOT OVER $72,956 PLUS 8.97% OF EXCESS OVER
$3,000,000 $1,000,000
OVER $3,000,000 $252,356 PLUS 10.3% OF EXCESS OVER
$3,000,000
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09537-03-9
S. 2654 2
(2) For taxable years beginning after two thousand five AND BEFORE TWO
THOUSAND NINE:
If the New York taxable income is: The tax is:
Not over $16,000 4% of the New York taxable
income
Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
$16,000
Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
$22,000
Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
$26,000
Over $40,000 $1,946 plus 6.85% of excess over
$40,000
S 3. Paragraphs 2, 3, 4, 5, 6, 7 and 8 of subsection (b) of section
601 of the tax law are renumbered paragraphs 3, 4, 5, 6, 7, 8 and 9.
S 4. Paragraph 1 of subsection (b) of section 601 of the tax law, as
amended by section 1 of part Y3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND EIGHT:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $11,000 4% OF THE NEW YORK TAXABLE
INCOME
OVER $11,000 BUT NOT OVER $15,000 $440 PLUS 4.5% OF EXCESS OVER
$11,000
OVER $15,000 BUT NOT OVER $17,000 $620 PLUS 5.25% OF EXCESS OVER
$15,000
OVER $17,000 BUT NOT OVER $30,000 $725 PLUS 5.9% OF EXCESS OVER
$17,000
OVER $30,000 BUT NOT OVER $250,000 $1,492 PLUS 6.85% OF EXCESS OVER
$30,000
OVER $250,000 BUT NOT OVER $500,000 $16,562 PLUS 7.25% OF EXCESS OVER
$250,000
OVER $500,000 BUT NOT OVER $1,000,000 $34,687 PLUS 7.7% OF EXCESS OVER
$1,000,000
OVER $1,000,000 BUT NOT OVER $73,187 PLUS 8.97% OF EXCESS OVER
$3,000,000 $1,000,000
OVER $3,000,000 $252,587 PLUS 10.30% OF EXCESS OVER
$3,000,000
(2) For taxable years beginning after two thousand five AND BEFORE TWO
THOUSAND NINE:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
income
Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
$11,000
Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
$15,000
Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
$17,000
Over $30,000 $1,492 plus 6.85% of excess over
$30,000
S. 2654 3
S 5. Paragraphs 2, 3, 4, 5, 6, 7 and 8 of subsection (c) of section
601 of the tax law are renumbered paragraphs 3, 4, 5, 6, 7, 8 and 9.
S 6. Paragraph 1 of subsection (c) of section 601 of the tax law, as
amended by section 1 of part Y3 of chapter 62 of the laws of 2003, is
amended to read as follows:
(1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND EIGHT:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,000 4% OF THE NEW YORK TAXABLE
INCOME
OVER $8,000 BUT NOT OVER $11,000 $320 PLUS 4.5% OF EXCESS OVER
$8,000
OVER $11,000 BUT NOT OVER $13,000 $455 PLUS 5.25% OF EXCESS OVER
$11,000
OVER $13,000 BUT NOT OVER $20,000 $560 PLUS 5.9% OF EXCESS OVER
$13,000
OVER $20,000 BUT NOT OVER $250,000 $973 PLUS 6.85% OF EXCESS OVER
$20,000
OVER $250,000 BUT NOT OVER $500,000 $16,728 PLUS 7.25% OF EXCESS OVER
$250,000
OVER $500,000 BUT NOT OVER $1,000,000 $34,853 PLUS 7.7% OF EXCESS OVER
$500,000
OVER $1,000,000 BUT NOT OVER $73,353 PLUS 8.97% OF EXCESS OVER
$3,000,000 $1,000,000
OVER $3,000,000 $252,753 PLUS 10.30% OF EXCESS OVER
$3,000,000
(2) For taxable years beginning after two thousand five AND BEFORE TWO
THOUSAND NINE:
If the New York taxable income is: The tax is:
Not over $8,000 4% of the New York taxable
income
Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
$8,000
Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
$11,000
Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
$13,000
Over $20,000 $973 plus 6.85% of excess over
$20,000
S 7. Paragraph 1 of subsection (d) of section 601 of the tax law, as
amended by section 1 of part R of chapter 63 of the laws of 2003, is
amended to read as follows:
(1) Resident married individuals filing joint returns, resident
surviving spouses, resident heads of households, resident unmarried
individuals, resident married individuals filing separate returns and
resident estates and trusts. (A) The tax table benefit is the difference
between (i) the amount of taxable income set forth in the tax table in
subsection (a), (b) or (c), of this section, as the case may be, or in
section six hundred ninety-nine, as the case may be, not subject to the
6.85 percent rate of tax for the taxable year multiplied by such rate
and (ii) the dollar denominated tax for such amount of taxable income
set forth in the tax table applicable to the taxable year in subsection
(a), (b) or (c) of this section, as the case may be, or section six
hundred ninety-nine, as the case may be.
S. 2654 4
(B) The fraction is computed as follows: the numerator is the lesser
of fifty thousand dollars or the excess of New York adjusted gross
income for the taxable year over one hundred FIFTY thousand dollars and
the denominator is fifty thousand dollars.
S 8. Subsection (d) of section 601 of the tax law is amended by adding
three new paragraphs 4, 5, and 6 to read as follows:
(4) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS, RESIDENT
SURVIVING SPOUSES, RESIDENT HEADS OF HOUSEHOLDS, RESIDENT UNMARRIED
INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND
RESIDENT ESTATES AND TRUSTS. (A) THE TAX TABLE BENEFIT IS THE DIFFER-
ENCE BETWEEN (I) THE AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, NOT
SUBJECT TO THE 7.25 PERCENT RATE OF TAX FOR THE TAXABLE YEAR MULTIPLIED
BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX FOR SUCH AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO THE TAXABLE YEAR
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, LESS
THE TAX TABLE BENEFIT IN PARAGRAPH ONE OF THIS SUBSECTION.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER TWO HUNDRED FIFTY THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(C) THIS PARAGRAPH SHALL APPLY TO TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND EIGHT.
(5) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS, RESIDENT
SURVIVING SPOUSES, RESIDENT HEADS OF HOUSEHOLDS, RESIDENT UNMARRIED
INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND
RESIDENT ESTATES AND TRUSTS. (A) THE TAX TABLE BENEFIT IS THE DIFFER-
ENCE BETWEEN (I) THE AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, NOT
SUBJECT TO THE 7.7 PERCENT RATE OF TAX FOR THE TAXABLE YEAR MULTIPLIED
BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX FOR SUCH AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO THE TAXABLE YEAR
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, LESS
THE SUM OF THE TAX TABLE BENEFITS IN PARAGRAPHS ONE AND FOUR OF THIS
SUBSECTION.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER FIVE HUNDRED THOUSAND DOLLARS AND THE
DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(C) THIS PARAGRAPH SHALL APPLY TO TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND EIGHT.
(6) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS, RESIDENT
SURVIVING SPOUSES, RESIDENT HEADS OF HOUSEHOLDS, RESIDENT UNMARRIED
INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND
RESIDENT ESTATES AND TRUSTS. (A) THE TAX TABLE BENEFIT IS THE DIFFER-
ENCE BETWEEN (I) THE AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, NOT
SUBJECT TO THE 8.97 PERCENT RATE OF TAX FOR THE TAXABLE YEAR MULTIPLIED
BY SUCH RATE AND (II) THE DOLLAR DENOMINATED TAX FOR SUCH AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO THE TAXABLE YEAR
IN SUBSECTION (A), (B) OR (C) OF THIS SECTION, AS THE CASE MAY BE, LESS
THE SUM OF THE TAX TABLE BENEFITS IN PARAGRAPHS ONE, FOUR, AND FIVE OF
THIS SUBSECTION.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OF THE EXCESS OF NEW YORK ADJUSTED GROSS
S. 2654 5
INCOME FOR THE TAXABLE YEAR OVER ONE MILLION DOLLARS AND THE DENOMINATOR
IS FIFTY THOUSAND DOLLARS.
(C) THIS PARAGRAPH SHALL APPLY TO TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND EIGHT.
S 9. Section 614 of the tax law, as amended by chapter 170 of the laws
of 1994, subsections (b) and (d) as amended by section 1 of part C of
chapter 62 of the laws of 2006, is amended to read as follows:
S 614. New York standard deduction of a resident individual. (a)
Unmarried individual. For TAXABLE YEARS BEGINNING AFTER TWO THOUSAND
EIGHT, THE NEW YORK STANDARD DEDUCTION OF A RESIDENT INDIVIDUAL WHO IS
NOT MARRIED NOR THE HEAD OF A HOUSEHOLD NOR A SURVIVING SPOUSE NOR AN
INDIVIDUAL WHOSE FEDERAL EXEMPTION AMOUNT IS ZERO SHALL BE FIFTEEN THOU-
SAND DOLLARS; FOR taxable years beginning after nineteen hundred nine-
ty-six AND BEFORE TWO THOUSAND NINE, the New York standard deduction of
a resident individual who is not married nor the head of a household nor
a surviving spouse nor an individual whose federal exemption amount is
zero shall be seven thousand five hundred dollars; for taxable years
beginning in nineteen hundred ninety-six, such standard deduction shall
be seven thousand four hundred dollars; for taxable years beginning in
nineteen hundred ninety-five, such standard deduction shall be six thou-
sand six hundred dollars; and for taxable years beginning after nineteen
hundred eighty-nine and before nineteen hundred ninety-five, such stand-
ard deduction shall be six thousand dollars.
(b) Husband and wife filing jointly and surviving spouse. For TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND EIGHT, THE NEW YORK STANDARD
DEDUCTION OF A HUSBAND AND WIFE WHOSE NEW YORK TAXABLE INCOME IS DETER-
MINED JOINTLY OR A SURVIVING SPOUSE SHALL BE THIRTY THOUSAND DOLLARS;
FOR taxable years beginning after two thousand five AND BEFORE TWO THOU-
SAND NINE, the New York standard deduction of a husband and wife whose
New York taxable income is determined jointly or a surviving spouse
shall be fifteen thousand dollars; for taxable years beginning after two
thousand two and before two thousand six, such standard deduction shall
be fourteen thousand six hundred dollars; for taxable years beginning in
two thousand two, such standard deduction shall be fourteen thousand two
hundred dollars; for taxable years beginning in two thousand one, such
standard deduction shall be thirteen thousand four hundred dollars; for
taxable years beginning after nineteen hundred ninety-six and before two
thousand one, such standard deduction shall be thirteen thousand
dollars; for taxable years beginning in nineteen hundred ninety-six,
such standard deduction shall be twelve thousand three hundred fifty
dollars; for taxable years beginning in nineteen hundred ninety-five,
such standard deduction shall be ten thousand eight hundred dollars; and
for taxable years beginning after nineteen hundred eighty-nine and
before nineteen hundred ninety-five, such standard deduction shall be
nine thousand five hundred dollars.
(c) Head of household. For TAXABLE YEARS BEGINNING AFTER TWO THOUSAND
EIGHT, THE NEW YORK STANDARD DEDUCTION OF AN INDIVIDUAL WHO IS A HEAD OF
HOUSEHOLD SHALL BE TWENTY-ONE THOUSAND DOLLARS; FOR taxable years begin-
ning after nineteen hundred ninety-six AND BEFORE TWO THOUSAND NINE, the
New York standard deduction of an individual who is a head of household
shall be ten thousand five hundred dollars; for taxable years beginning
in nineteen hundred ninety-six, such standard deduction shall be ten
thousand dollars; for taxable years beginning in nineteen hundred nine-
ty-five, such standard deduction shall be eight thousand one hundred
fifty dollars; and for taxable years beginning after nineteen hundred
S. 2654 6
eighty-nine and before nineteen hundred ninety-five, such standard
deduction shall be seven thousand dollars.
(d) Married individuals filing separately. For TAXABLE YEARS BEGINNING
AFTER TWO THOUSAND EIGHT, THE NEW YORK STANDARD DEDUCTION OF A MARRIED
INDIVIDUAL FILING A SEPARATE RETURN SHALL BE FIFTEEN THOUSAND DOLLARS;
FOR taxable years beginning after two thousand five AND BEFORE TWO THOU-
SAND NINE, the New York standard deduction of a married individual
filing a separate return shall be seven thousand five hundred dollars;
for taxable years beginning after nineteen hundred ninety-six and before
two thousand six, such standard deduction shall be six thousand five
hundred dollars; for taxable years beginning in nineteen hundred nine-
ty-six, such standard deduction shall be six thousand one hundred seven-
ty-five dollars; for taxable years beginning in nineteen hundred nine-
ty-five, such standard deduction shall be five thousand four hundred
dollars; and for taxable years beginning after nineteen hundred eighty-
nine and before nineteen hundred ninety-five, such standard deduction
shall be four thousand seven hundred fifty dollars.
(e) Standard deduction of a dependent individual. For TAXABLE YEARS
BEGINNING AFTER TWO THOUSAND EIGHT, THE NEW YORK STANDARD DEDUCTION OF A
RESIDENT INDIVIDUAL WHOSE FEDERAL EXEMPTION AMOUNT IS ZERO SHALL BE SIX
THOUSAND DOLLARS; FOR taxable years beginning after nineteen hundred
ninety-six AND BEFORE TWO THOUSAND NINE, the New York standard deduction
of a resident individual whose federal exemption amount is zero shall be
three thousand dollars; for taxable years beginning in nineteen hundred
ninety-six, such standard deduction shall be two thousand nine hundred
dollars; and for taxable years beginning after nineteen hundred eighty-
nine and before nineteen hundred ninety-six, such standard deduction
shall be two thousand eight hundred dollars.
S 10. 1. The department of taxation and finance shall calculate the
anticipated amount of refund, if any, that may be due to any taxpayer
for the first taxable year that commences after December 31, 2008. This
calculation shall be performed only for those taxpayers who elected to
take the standard deduction in 2008, or for any taxpayer whose itemized
deductions in 2008, when totaled, are less than the standard deduction
amount allowed for taxable year 2009 pursuant to section six hundred
fourteen of the tax law, as amended by section nine of this act.
2. When making the calculation required pursuant to subdivision 1 of
this section, the department of taxation and finance shall use the
taxpayer's financial information from the taxable year immediately
preceding January 1, 2009.
3. If the department determines that a taxpayer may be entitled to an
income tax refund, the department shall send the taxpayer an amount
equal to that anticipated refund. The department shall make such
payments in the form of an electronic benefit transfer card or debit
card. Any refund provided to a taxpayer shall be valid until and includ-
ing December 31, 2009. Any money not used by a taxpayer prior to January
1, 2010 shall revert to and become the property of the state.
4. The department of taxation and finance shall have sole discretion
to establish the policies and procedures relating to the distribution
and use of moneys pursuant to this act, provided that such policies and
procedures are consistent with the provisions of this section. Further-
more, any policy or procedure must ensure that all moneys are distrib-
uted to taxpayers prior to July 1, 2009.
S 11. This act shall take effect immediately.