S. 5453 2
$40,000
OVER $1,000,000 $67,706 PLUS 8.97% OF EXCESS
OVER $1,000,000
(2) For taxable years beginning after two thousand eight and before
two thousand twelve:
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 $300,000 $1,946 plus 6.85% of excess over
$40,000
Over $300,000 but not over $500,000 $19,756 plus 7.85% of excess over
$300,000
Over $500,000 $35,456 plus 8.97% of excess over
$500,000
[(2)] (3) For taxable years beginning after two thousand five and
before two thousand nine and after two thousand [eleven] TWELVE:
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
[(3)] (4) For taxable years beginning in two thousand five:
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 $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.25% of excess over
$150,000
Over $500,000 $34,856 plus 7.7% of excess over
$500,000
S. 5453 3
[(4)] (5) For taxable years beginning in two thousand four:
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 $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.375% of excess over
$150,000
Over $500,000 $35,294 plus 7.7% of excess over
$500,000
[(5)] (6) For taxable years beginning in two thousand three:
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 $150,000 $1,946 plus 6.85% of excess over
$40,000
Over $150,000 but not over $500,000 $9,481 plus 7.5% of excess over
$150,000
Over $500,000 $35,731 plus 7.7% of excess over
$500,000
[(6)] (7) For taxable years beginning after nineteen hundred ninety-
six and before two thousand three:
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
[(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $11,000 4% of the New York taxable
S. 5453 4
income
Over $11,000 but not over $16,000 $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over
$16,000
Over $22,000 $1,050 plus 7% of excess over
$22,000
[(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $13,000 4.55% of the New York taxable
income
Over $13,000 but not over $19,000 $592 plus 5.55% of excess over
$13,000
Over $19,000 but not over $25,000 $925 plus 6.55% of excess over
$19,000
Over $25,000 $1,318 plus 7.5% of excess over
$25,000
[(9)] (10) For taxable years beginning after nineteen hundred eighty-
nine and before nineteen hundred ninety-five:
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 $16,000 $440 plus 5% of excess over
$11,000
Over $16,000 but not over $22,000 $690 plus 6% of excess over
$16,000
Over $22,000 but not over $26,000 $1,050 plus 7% of excess over
$22,000
Over $26,000 $1,330 plus 7.875% of excess over
$26,000
(b) Resident heads of households. There is hereby imposed for each
taxable year on the New York taxable income of every resident head of a
household a tax determined in accordance with the following tables:
(1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE
TWO THOUSAND THIRTEEN:
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 $1,000,000 $1,492 PLUS 6.85% OF EXCESS OVER
$30,000
OVER $1,000,000 $67,937 PLUS 8.97% OF EXCESS OVER
$1,000,000
(2) For taxable years beginning after two thousand eight and before
two thousand twelve:
S. 5453 5
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 7.85% of excess over
$250,000
Over $500,000 $36,187 plus 8.97% of excess over
$500,000
[(2)] (3) For taxable years beginning after two thousand five and
before two thousand nine and after two thousand [eleven] TWELVE:
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
[(3)] (4) For taxable years beginning in two thousand five:
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 $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.25% of excess over
$125,000
Over $500,000 $35,187 plus 7.7% of excess over
$500,000
[(4)] (5) For taxable years beginning in two thousand four:
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
S. 5453 6
$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 $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.375% of excess over
$125,000
Over $500,000 $35,656 plus 7.7% of excess over
$500,000
[(5)] (6) For taxable years beginning in two thousand three:
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 $125,000 $1,492 plus 6.85% of excess over
$30,000
Over $125,000 but not over $500,000 $8,000 plus 7.5% of excess over
$125,000
Over $500,000 $36,125 plus 7.7% of excess over
$500,000
[(6)] (7) For taxable years beginning after nineteen hundred ninety-
six and before two thousand three:
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
[(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable
income
Over $7,500 but not over $11,000 $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over
$11,000
Over $15,000 $ 715 plus 7% of excess over
$15,000
S. 5453 7
[(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $9,000 4.55% of the New York taxable
income
Over $9,000 but not over $14,000 $410 plus 5.55% of excess over
$9,000
Over $14,000 but not over $19,000 $687 plus 6.55% of excess over
$14,000
Over $19,000 $1,015 plus 7.5% of excess over
$19,000
[(9)] (10) For taxable years beginning after nineteen hundred eighty-
nine and before nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $7,500 4% of the New York taxable
income
Over $7,500 but not over $11,000 $300 plus 5% of excess over
$7,500
Over $11,000 but not over $15,000 $475 plus 6% of excess over
$11,000
Over $15,000 but not over $17,000 $715 plus 7% of excess over
$15,000
Over $17,000 $855 plus 7.875% of excess over
$17,000
(c) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. There is hereby
imposed for each taxable year on the New York taxable income of every
resident individual who is not a married individual who makes a single
return jointly with his spouse under subsection (b) of section six
hundred fifty-one or a resident head of a household or a resident
surviving spouse, and on the New York taxable income of every resident
estate and trust a tax determined in accordance with the following
tables:
(1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE
TWO THOUSAND THIRTEEN:
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 $1,000,000 $973 PLUS 6.85% OF EXCESS OVER
$20,000
OVER $1,000,000 $68,103 PLUS 8.97% OF EXCESS OVER
$1,000,000
(2) For taxable years beginning after two thousand eight and before
two thousand twelve:
S. 5453 8
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 $200,000 $973 plus 6.85% of excess over
$20,000
Over $200,000 but not over $500,000 $13,303 plus 7.85% of excess over
$200,000
Over $500,000 $36,853 plus 8.97% of excess over
$500,000
[(2)] (3) For taxable years beginning after two thousand five and
before two thousand nine and after two thousand [eleven] TWELVE:
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
[(3)] (4) For taxable years beginning in two thousand five:
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 $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.25% of excess over
$100,000
Over $500,000 $35,453 plus 7.7% of excess over
$500,000
[(4)] (5) For taxable years beginning in two thousand four:
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
S. 5453 9
$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 $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.375% of excess over
$100,000
Over $500,000 $35,953 plus 7.7% of excess over
$500,000
[(5)] (6) For taxable years beginning in two thousand three:
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 $100,000 $973 plus 6.85% of excess over
$20,000
Over $100,000 but not over $500,000 $6,453 plus 7.5% of excess over
$100,000
Over $500,000 $36,453 plus 7.7% of excess over
$500,000
[(6)] (7) For taxable years beginning after nineteen hundred ninety-
six and before two thousand three:
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
[(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
If the New York taxable income is: The tax is:
Not over $5,500 4% of the New York taxable
income
Over $5,500 but not over $8,000 $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over
$8,000
Over $11,000 $525 plus 7% of excess over
$11,000
S. 5453 10
[(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
If the New York taxable income is: The tax is:
Not over $6,500 4.55% of the New York taxable
income
Over $6,500 but not over $9,500 $296 plus 5.55% of excess over
$6,500
Over $9,500 but not over $12,500 $462 plus 6.55% of excess over
$9,500
Over $12,500 $659 plus 7.5% of excess over
$12,500
[(9)] (10) For taxable years beginning after nineteen hundred eighty-
nine and before nineteen hundred ninety-five:
If the New York taxable
income is: The tax is:
Not over $5,500 4% of the New York taxable
income
Over $5,500 but not over $8,000 $220 plus 5% of excess over
$5,500
Over $8,000 but not over $11,000 $345 plus 6% of excess over
$8,000
Over $11,000 but not over $13,000 $525 plus 7% of excess over
$11,000
Over $13,000 $665 plus 7.875% of excess over
$13,000
S 2. Subparagraph (B) of paragraph 3 of subsection (d) of section 601
of the tax law, as amended by section 3 of part Z-1 of chapter 57 of the
laws of 2009, is amended to read as follows:
(B) For such taxpayers with adjusted gross income over five hundred
thousand dollars, for taxable years beginning after two thousand eight
and before two thousand twelve, 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 thou-
sand dollars and the denominator is fifty thousand dollars. FOR TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE TWO THOUSAND THIR-
TEEN, 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 MILLION DOLLARS AND THE DENOMINATOR
IS FIFTY THOUSAND DOLLARS. Provided, however, that the total tax prior
to the application of any tax credits shall not exceed the highest rate
of tax set forth in the tax table in subsection (a) of this section
multiplied by the taxpayer's taxable income.
S 3. Clause (ii) of subparagraph (B) of paragraph 3 of subsection (c)
of section 685 of the tax law is amended by adding a new undesignated
paragraph to read as follows:
FURTHER PROVIDED THAT THE TAX SHOWN ON SUCH RETURN FOR TAXABLE YEAR
BEGINNING IN TWO THOUSAND ELEVEN SHALL BE CALCULATED AS IF SUCH YEAR
BEGAN IN TWO THOUSAND TWELVE.
S 4. Notwithstanding any provision of law to the contrary, the method
of determining the amount to be deducted and withheld from wages on
account of taxes imposed by or pursuant to the authority of article 22
of the tax law in connection with the implementation of the provisions
of this act shall be prescribed by regulations of the commissioner of
S. 5453 11
taxation and finance with due consideration to the effect such withhold-
ing tables and methods would have on the receipt and amount of revenue.
The commissioner of taxation and finance shall adjust such withholding
tables and methods in regard to taxable years beginning in 2011 and
after in such manner as to result, so far as practicable, in withholding
from an employee's wages an amount substantially equivalent to the tax
reasonably estimated to be due for such taxable years as a result of the
provisions of this act. Provided, however, for tax year 2011 the with-
holding tables shall reflect as accurately as practicable the full
amount of tax year 2011 liability so that such amount is withheld by
December 31, 2011. Any such regulations to implement a change in with-
holding tables and methods for tax year 2011 shall be adopted and effec-
tive as soon as practicable and the commissioner of taxation and finance
may adopt such regulations on an emergency basis notwithstanding
anything to the contrary in section 202 of the state administrative
procedure act. In carrying out his or her duties and responsibilities
under this section, the commissioner of taxation and finance may accom-
pany such a rule making procedure with a similar procedure with respect
to the taxes required to be deducted and withheld by local laws imposing
taxes pursuant to the authority of articles 30, 30-A and 30-B of the tax
law, the provisions of any other law in relation to such a procedure to
the contrary notwithstanding.
S 5. 1. Notwithstanding any provision of law to the contrary, no addi-
tion to tax required shall be imposed for failure to pay the estimated
tax in subsection (c) of section 685 of the tax law with respect to any
underpayment of a required installment due prior to, or within thirty
days of, the effective date of this act to the extent that such under-
payment was created or increased by the amendments made by this act
provided, however, that the taxpayer remits the amount of the underpay-
ment with his or her next quarterly estimated tax payment.
2. The commissioner of taxation and finance shall take steps to publi-
cize the necessary adjustments to estimated tax and, to the extent
reasonably possible, to inform the taxpayer of the tax liability changes
made by this act.
S 6. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
S 97-KKKK. EDUCATIONAL ASSISTANCE FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE OF THE MISCELLANEOUS STATE SPECIAL REVENUE FUND TO
BE KNOWN AS THE EDUCATIONAL ASSISTANCE FUND.
2. SUCH ACCOUNT SHALL CONSIST OF THIRTY PERCENT OF RECEIPTS FROM THE
IMPOSITION OF THE SURCHARGE OF PERSONAL INCOME TAXES PURSUANT TO ARTICLE
TWENTY-TWO OF THE TAX LAW, ON NEW YORK TAXABLE INCOME WHEN SUCH INCOME
IS TAXED AT A RATE GREATER THAN 6.85 PERCENT ON OR AFTER JANUARY FIRST,
TWO THOUSAND TWELVE. ANY MONEYS IN SUCH ACCOUNT MAY BE INVESTED BY THE
COMPTROLLER PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE.
3. MONEYS IN THE ACCOUNT, FOLLOWING AN APPROPRIATION BY THE LEGISLA-
TURE, SHALL BE USED ONLY FOR THE PAYMENT OF EDUCATION AID TO SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES DURING THE
CALENDAR QUARTER BEGINNING ON APRIL FIRST OF EACH YEAR IN ACCORDANCE
WITH SECTION THIRTY-SIX HUNDRED NINE-A OF THE EDUCATION LAW, AS FROM
TIME TO TIME AMENDED.
S 7. This act shall take effect immediately.