S T A T E O F N E W Y O R K
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5519
2009-2010 Regular Sessions
I N S E N A T E
May 13, 2009
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to the unincorporated business tax
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision (b) of section 11-503 of the
administrative code of the city of New York, as amended by chapter 481
of the laws of 1997, is amended to read as follows:
(3) For each taxable year beginning after nineteen hundred ninety-six
BUT BEFORE TWO THOUSAND NINE:
(A) if the tax computed under subdivision (a) of this section is one
thousand eight hundred dollars or less, a credit shall be allowed for
the entire amount of such tax;
(B) if the tax computed under subdivision (a) of this section exceeds
one thousand eight hundred dollars but is less than three thousand two
hundred dollars, a credit shall be allowed in the amount determined by
multiplying such tax by a fraction the numerator of which is three thou-
sand two hundred dollars minus the amount of such tax and the denomina-
tor of which is one thousand four hundred dollars; or
(C) if the tax computed under subdivision (a) of this section is three
thousand two hundred dollars or more, no credit shall be allowed.
S 2. Subdivision (b) of section 11-503 of the administrative code of
the city of New York is amended by adding a new paragraph 3-a to read as
follows:
(3-A) FOR EACH TAXABLE YEAR BEGINNING AFTER TWO THOUSAND EIGHT:
(A) IF THE TAX COMPUTED UNDER SUBDIVISION (A) OF THIS SECTION IS THREE
THOUSAND FOUR HUNDRED DOLLARS OR LESS, A CREDIT SHALL BE ALLOWED FOR THE
ENTIRE AMOUNT OF SUCH TAX;
(B) IF THE TAX COMPUTED UNDER SUBDIVISION (A) OF THIS SECTION EXCEEDS
THREE THOUSAND FOUR HUNDRED DOLLARS BUT IS LESS THAN FIVE THOUSAND FOUR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11919-01-9
S. 5519 2
HUNDRED DOLLARS, A CREDIT SHALL BE ALLOWED IN THE AMOUNT DETERMINED BY
MULTIPLYING SUCH TAX BY A FRACTION THE NUMERATOR OF WHICH IS FIVE THOU-
SAND FOUR HUNDRED DOLLARS MINUS THE AMOUNT OF SUCH TAX AND THE DENOMINA-
TOR OF WHICH IS TWO THOUSAND DOLLARS; OR
(C) IF THE TAX COMPUTED UNDER SUBDIVISION (A) OF THIS SECTION IS FIVE
THOUSAND FOUR HUNDRED DOLLARS OR MORE, NO CREDIT SHALL BE ALLOWED.
S 3. Subdivision (a) of section 11-511 of the administrative code of
the city of New York, as amended by chapter 481 of the laws of 1997, is
amended to read as follows:
(a) Requirement of declaration. Except as provided in subdivision (j)
of this section, every unincorporated business shall make a declaration
of its estimated tax for the taxable year, containing such information
as the commissioner of finance may prescribe by regulations or instruc-
tion, if:
(1) for taxable years beginning after nineteen hundred eighty-six but
before nineteen hundred ninety-six, its unincorporated business taxable
income can reasonably be expected to exceed fifteen thousand dollars;
(2) for taxable years beginning in nineteen hundred ninety-six, its
unincorporated business taxable income can reasonably be expected to
exceed twenty thousand dollars; [and]
(3) for taxable years beginning after nineteen hundred ninety-six BUT
BEFORE TWO THOUSAND NINE, its estimated tax can reasonably be expected
to exceed one thousand eight hundred dollars; AND
(4) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND EIGHT, ITS ESTI-
MATED TAX CAN REASONABLY BE EXPECTED TO EXCEED THREE THOUSAND FOUR
HUNDRED DOLLARS.
S 4. Subdivision (a) of section 11-514 of the administrative code of
the city of New York, as amended by chapter 481 of the laws of 1997, is
amended to read as follows:
(a) General. On or before the fifteenth day of the fourth month
following the close of a taxable year, an unincorporated business income
tax return shall be made and filed, and the balance of any tax shown on
the face of such return, not previously paid as installments of esti-
mated tax, shall be paid:
(1) by or for every unincorporated business, for taxable years begin-
ning after nineteen hundred eighty-six but before nineteen hundred nine-
ty-seven, having unincorporated business gross income, determined for
purposes of this subdivision without any deduction for the cost of goods
sold or services performed, of more than ten thousand dollars, or having
any amount of unincorporated business taxable income;
(2) by or for every partnership, for taxable years beginning after
nineteen hundred ninety-six BUT BEFORE TWO THOUSAND NINE, having unin-
corporated business gross income, determined for purposes of this subdi-
vision without any deduction for the cost of goods sold or services
performed, of more than twenty-five thousand dollars, or having unincor-
porated business taxable income of more than fifteen thousand dollars;
[and]
(3) by or for every unincorporated business other than a partnership,
for taxable years beginning after nineteen hundred ninety-six BUT BEFORE
TWO THOUSAND NINE, having unincorporated business gross income, deter-
mined for purposes of this subdivision without any deduction for the
cost of goods sold or services performed, of more than seventy-five
thousand dollars, or having unincorporated business taxable income of
more than thirty-five thousand dollars; AND
(4) BY OR FOR EVERY UNINCORPORATED BUSINESS, FOR TAXABLE YEARS BEGIN-
NING AFTER TWO THOUSAND EIGHT, HAVING UNINCORPORATED BUSINESS GROSS
S. 5519 3
INCOME, DETERMINED FOR PURPOSES OF THIS SUBDIVISION WITHOUT ANY
DEDUCTION FOR THE COST OF GOODS SOLD OR SERVICES PERFORMED, OF MORE THAN
NINETY-FIVE THOUSAND DOLLARS.
S 5. This act shall take effect immediately; provided, however that
sections one and two of this act shall be deemed to have been in full
force and effect on and after January 1, 2009.