S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2967

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by  M.  of  A.  WRIGHT, FARRELL, AUBRY, V. LOPEZ, O'DONNELL,
  GLICK, HEVESI, MILLMAN, KAVANAGH, BRENNAN, TITONE, KELLNER,  ROSENTHAL
  --  Multi-Sponsored by -- M. of A.  BROOK-KRASNY, COLTON, GOTTFRIED --
  read once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to providing a renter tax cred-
  it

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1310  of  the tax law is amended by adding a new
subsection (g) to read as follows:
  (G) RENTER TAX CREDIT. (1) (A) NOTWITHSTANDING ANY OTHER PROVISION  OF
LAW  TO  THE  CONTRARY,  ANY  CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY,  IS  HEREBY  AUTHORIZED
AND  EMPOWERED  TO ADOPT AND AMEND LOCAL LAWS GRANTING IN ANY SUCH CITY,
FOR TAXABLE YEARS BEGINNING ON OR AFTER TWO THOUSAND THIRTEEN, A  RENTER
TAX  CREDIT  AGAINST  THE  CITY  PERSONAL  INCOME  TAX FOR ANY QUALIFIED
TAXPAYER. IF ANY SUCH CREDIT EXCEEDS THE TAX FOR SUCH YEAR,  SUCH  LOCAL
LAW  MAY  PROVIDE  THAT  SUCH  QUALIFIED TAXPAYER RECEIVE, AND THE COMP-
TROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY  AS  AN
OVERPAYMENT, WITHOUT INTEREST, ANY EXCESS BETWEEN SUCH TAX AS SO REDUCED
AND THE AMOUNT OF THE CREDIT. IF A QUALIFIED TAXPAYER IS NOT REQUIRED TO
FILE  A RETURN PURSUANT TO A LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE,
SUCH LOCAL LAW MAY PROVIDE THAT SUCH QUALIFIED TAXPAYER MAY NEVERTHELESS
RECEIVE AND THE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSION-
ER, SHALL PAY AS AN OVERPAYMENT THE FULL AMOUNT OF THE  CREDIT,  WITHOUT
INTEREST.  (B)  ANY  CREDIT  PROVIDED BY A LOCAL LAW ADOPTED PURSUANT TO
THIS SUBSECTION SHALL NOT EXCEED THREE HUNDRED DOLLARS.
  (2) ONLY ONE CREDIT PER HOUSEHOLD AND PER QUALIFIED TAXPAYER SHALL  BE
ALLOWED  PER  TAXABLE  YEAR  UNDER THIS SUBSECTION. (A) WHEN TWO OR MORE
MEMBERS OF A HOUSEHOLD ARE ABLE TO MEET THE QUALIFICATIONS FOR A  QUALI-
FIED TAXPAYER, THE CREDIT SHALL BE EQUALLY DIVIDED BETWEEN OR AMONG SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00836-01-3
              

A. 2967                             2

INDIVIDUALS  UNLESS  SUCH  INDIVIDUALS  FILE  WITH THE NEW YORK CITY TAX
COMMISSION A WRITTEN AGREEMENT AMONG SUCH INDIVIDUALS  SETTING  FORTH  A
DIFFERENT  DIVISION.  (B) WHERE ANY RETURN REQUIRED TO BE FILED PURSUANT
TO  THE  PROVISIONS  OF  SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE IS
COMBINED WITH ANY RETURN OF TAX IMPOSED PURSUANT  TO  THE  AUTHORITY  OF
THIS CHAPTER OR ANY OTHER LAW IF SUCH TAX IS ADMINISTERED BY THE COMMIS-
SIONER,  THE  CREDIT OR THE PORTION OF THE CREDIT IF DIVIDED, ALLOWED TO
THE QUALIFIED TAXPAYER MAY BE APPLIED BY  THE  COMMISSIONER  TOWARD  ANY
LIABILITY FOR THE AFOREMENTIONED TAXES.
  (3) FOR PURPOSES OF ANY LOCAL LAW ADOPTED PURSUANT TO THIS SUBSECTION:
  (A)  "DEPENDENT"  MEANS AN INDIVIDUAL DESCRIBED IN SECTION ONE HUNDRED
FIFTY-TWO OF THE INTERNAL REVENUE CODE.
  (B) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF  THE  CITY  OF
NEW  YORK  (I) WHO HAS OCCUPIED THE SAME QUALIFIED RESIDENCE AS A RENTER
OR LESSEE FOR SIX MONTHS OR MORE  DURING  THE  TAXABLE  YEAR,  (II)  HAS
ATTAINED  THE  AGE  OF EIGHTEEN, AND (III) WHO IS REQUIRED OR CHOOSES TO
FILE A RETURN UNDER THIS ARTICLE.
  (C) "HOUSEHOLD" OR  "MEMBERS  OF  THE  HOUSEHOLD"  MEANS  A  QUALIFIED
TAXPAYER  AND  ALL  OTHER PERSONS, NOT NECESSARILY RELATED, WHO HAVE THE
SAME QUALIFIED RESIDENCE  AND  SHARE  ITS  FURNISHINGS,  FACILITIES  AND
ACCOMMODATIONS.  SUCH TERMS SHALL INCLUDE A DOMESTIC PARTNER, AS DEFINED
IN SECTION TWENTY-EIGHT HUNDRED FIVE-Q OF THE  PUBLIC  HEALTH  LAW,  BUT
SHALL  NOT  INCLUDE  A  TENANT,  SUBTENANT, ROOMER OR BOARDER WHO IS NOT
RELATED TO THE QUALIFIED TAXPAYER IN ANY DEGREE SPECIFIED IN  PARAGRAPHS
ONE  THROUGH EIGHT OF SUBSECTION (A) OF SECTION ONE HUNDRED FIFTY-TWO OF
THE INTERNAL REVENUE CODE. PROVIDED, HOWEVER, NO PERSON MAY BE A  MEMBER
OF MORE THAN ONE HOUSEHOLD AT ONE TIME.
  (D)  "HOUSEHOLD  GROSS INCOME" MEANS THE NEW YORK STATE ADJUSTED GROSS
INCOME OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE  YEAR.  HOUSEHOLD
GROSS  INCOME SHALL ONLY INCLUDE ALL SUCH INCOME RECEIVED BY ALL MEMBERS
OF THE HOUSEHOLD WHILE MEMBERS OF SUCH HOUSEHOLD.
  (E) "QUALIFIED RESIDENCE" MEANS A DWELLING IN THE CITY  OF  NEW  YORK,
WHICH IS RENTED OR LEASED, AND MAY CONSIST OF A PART OF A MULTI-DWELLING
OR  MULTI-PURPOSE  BUILDING  INCLUDING A COOPERATIVE OR CONDOMINIUM, AND
RENTAL UNITS WITHIN A SINGLE  DWELLING,  PROVIDED,  HOWEVER,  THAT  SUCH
DWELLING,  OR  BUILDING  OF WHICH SUCH DWELLING IS A PART, IS SUBJECT TO
THE REAL PROPERTY TAX.  QUALIFIED RESIDENCE INCLUDES A TRAILER OR MOBILE
HOME WHICH IS RENTED AND  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES,
WHICH  IS DEFINED AS REAL PROPERTY PURSUANT TO PARAGRAPH (G) OF SUBDIVI-
SION TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, AND
WHICH IS SUBJECT TO THE REAL PROPERTY  TAX.  QUALIFIED  RESIDENCE  SHALL
ALSO INCLUDE A DWELLING OWNED BY A HOUSING COMPANY ORGANIZED AND OPERAT-
ING PURSUANT TO THE PROVISIONS OF ARTICLES TWO, FOUR, FIVE AND ELEVEN OF
THE PRIVATE HOUSING FINANCE LAW.
  (F)  "RESIDENT  INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER OF THE
HOUSEHOLD AND CANNOT BE CLAIMED AS A PERSONAL EXEMPTION ON ANOTHER INDI-
VIDUAL'S INCOME TAX RETURN DURING THE TAXABLE YEAR.
  (4) NO CREDIT SHALL BE GRANTED UNDER THIS SUBSECTION:
  (A) IF HOUSEHOLD GROSS INCOME, IN THE CASE OF A  RESIDENT  INDIVIDUAL,
EXCEEDS FORTY-THREE THOUSAND DOLLARS.
  (B)  IF  HOUSEHOLD  GROSS  INCOME, IN THE CASE OF TWO OR MORE RESIDENT
INDIVIDUALS, OR IN THE  CASE  OF  ONE  RESIDENT  INDIVIDUAL  HAVING  ONE
DEPENDENT, EXCEEDS FIFTY-FOUR THOUSAND DOLLARS.
  (C)  IF  HOUSEHOLD  GROSS  INCOME, IN THE CASE OF TWO OR MORE RESIDENT
INDIVIDUALS HAVING ONE DEPENDENT, OR IN THE CASE OF ONE  RESIDENT  INDI-
VIDUAL HAVING TWO DEPENDENTS, EXCEEDS SIXTY-FIVE THOUSAND DOLLARS.

A. 2967                             3

  (D)  IF  HOUSEHOLD  GROSS  INCOME, IN THE CASE OF TWO OR MORE RESIDENT
INDIVIDUALS HAVING TWO OR MORE DEPENDENTS, OR IN THE CASE OF  ONE  RESI-
DENT  INDIVIDUAL  HAVING  THREE OR MORE DEPENDENTS, EXCEEDS SEVENTY-FIVE
THOUSAND DOLLARS.
  (E) TO AN INDIVIDUAL WITH RESPECT TO WHOM A DEDUCTION UNDER SUBSECTION
(C)  OF  SECTION  ONE  HUNDRED FIFTY-ONE OF THE INTERNAL REVENUE CODE IS
ALLOWABLE TO ANOTHER TAXPAYER FOR THE TAXABLE YEAR.
  (F) TO AN INDIVIDUAL WHO IS NOT A RESIDENT INDIVIDUAL OF THE CITY  FOR
THE ENTIRE TAXABLE YEAR.
  (G)  FOR  PURPOSES  OF THIS PARAGRAPH, BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWELVE, HOUSEHOLD GROSS INCOME SHALL BE ADJUSTED  ANNUALLY,  ON
JANUARY  FIRST,  BY  THE PERCENTAGE CHANGE IN THE AVERAGE COST-OF-LIVING
INDEX IN THE PERIOD JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST  OF  THE
IMMEDIATE PRIOR YEAR COMPARED WITH THE SAME PERIOD FOR THE YEAR PRIOR TO
THAT.  FOR  PURPOSES OF THIS SUBPARAGRAPH, THE "COST-OF-LIVING INDEX" IS
THE AVERAGE OF THE MONTHLY CONSUMER-PRICE-INDEX FIGURES FOR  THE  STATED
TWELVE-MONTH PERIOD, RELATIVE TO THE UNITED STATES AS A WHOLE, ISSUED BY
THE UNITED STATES DEPARTMENT OF LABOR.
  (5)  IF A QUALIFIED TAXPAYER IS NOT REQUIRED TO FILE A RETURN PURSUANT
TO SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE, A CLAIM  FOR  A  CREDIT
MAY  BE TAKEN ON A RETURN FILED WITH THE COMMISSIONER WITHIN THREE YEARS
FROM THE TIME IT WOULD HAVE BEEN REQUIRED THAT A RETURN BE FILED  PURSU-
ANT TO SUCH SECTION HAD THE QUALIFIED TAXPAYER HAD A TAXABLE YEAR ENDING
ON  DECEMBER THIRTY-FIRST. RETURNS UNDER THIS PARAGRAPH SHALL BE IN SUCH
FORM AS SHALL BE PRESCRIBED BY THE COMMISSIONER, WHICH SHALL MAKE AVAIL-
ABLE SUCH FORMS AND INSTRUCTIONS FOR FILING SUCH RETURNS.
  (6) THE COMMISSIONER MAY REQUIRE A QUALIFIED TAXPAYER TO  FURNISH  THE
FOLLOWING  INFORMATION  IN  SUPPORT OF HIS OR HER CLAIM FOR CREDIT UNDER
THIS SUBSECTION: HOUSEHOLD GROSS INCOME, RENT PAID, NAME AND ADDRESS  OF
OWNER  OR MANAGING AGENT OF THE PROPERTY RENTED, THE NAMES OF MEMBERS OF
THE HOUSEHOLD AND OTHER QUALIFYING TAXPAYERS OCCUPYING  THE  SAME  RESI-
DENCE  AND  THEIR IDENTIFYING NUMBERS INCLUDING SOCIAL SECURITY NUMBERS,
HOUSEHOLD GROSS INCOME, SIZE AND NATURE OF PROPERTY CLAIMED AS RESIDENCE
AND ALL OTHER INFORMATION WHICH MAY BE REQUIRED BY THE  COMMISSIONER  TO
DETERMINE THE CREDIT.
  (7)  THE  PROVISIONS  OF ARTICLE TWENTY-TWO OF THIS CHAPTER, INCLUDING
THE  PROVISIONS  OF  SECTION  SIX  HUNDRED  FIFTY-THREE,   SIX   HUNDRED
FIFTY-EIGHT AND SIX HUNDRED FIFTY-NINE AND THE PROVISIONS OF PART SIX OF
SUCH  ARTICLE  RELATING  TO  PROCEDURE AND ADMINISTRATION, INCLUDING THE
JUDICIAL REVIEW OF THE DECISIONS OF THE TAX APPEALS TRIBUNAL, EXCEPT  SO
MUCH OF SECTION SIX HUNDRED EIGHTY-SEVEN OF SUCH ARTICLE WHICH PERMITS A
CLAIM  FOR CREDIT OR REFUND TO BE FILED AFTER THE PERIOD PROVIDED FOR IN
PARAGRAPH FIVE OF  THIS  SUBSECTION  AND  EXCEPT  SECTIONS  SIX  HUNDRED
FIFTY-SEVEN, SIX HUNDRED EIGHTY-EIGHT AND SIX HUNDRED NINETY-SIX OF SUCH
ARTICLE,  SHALL  APPLY  TO THE PROVISIONS OF THIS SUBSECTION IN THE SAME
MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE  LANGUAGE  OF  THOSE
PROVISIONS  HAD  BEEN  INCORPORATED IN FULL INTO THIS SUBSECTION AND HAD
EXPRESSLY REFERRED TO THE CREDIT ALLOWED OR  RETURNS  FILED  UNDER  THIS
SUBSECTION,  EXCEPT  TO  THE  EXTENT  THAT  ANY SUCH PROVISION IS EITHER
INCONSISTENT WITH A PROVISION OF THIS SUBSECTION OR IS NOT  RELEVANT  TO
THIS  SUBSECTION.  AS  USED  IN  SUCH  SECTIONS  AND SUCH PART, THE TERM
"TAXPAYER" SHALL INCLUDE A QUALIFIED TAXPAYER UNDER THIS SUBSECTION AND,
NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (E) OF SECTION SIX  HUNDRED
NINETY-SEVEN  OF  THIS CHAPTER, WHERE A QUALIFIED TAXPAYER HAS PROTESTED
THE DENIAL OF A CLAIM FOR CREDIT UNDER THIS SUBSECTION AND THE  TIME  TO
FILE  A  PETITION  FOR REDETERMINATION OF A DEFICIENCY OR FOR REFUND HAS

A. 2967                             4

NOT EXPIRED, HE OR SHE SHALL, SUBJECT TO SUCH CONDITIONS AS MAY  BE  SET
BY  THE COMMISSIONER, RECEIVE SUCH INFORMATION (A) WHICH IS CONTAINED IN
ANY RETURN FILED UNDER THIS ARTICLE BY A MEMBER OF HIS OR HER  HOUSEHOLD
FOR  THE TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED, AND (B) WHICH THE
COMMISSIONER FINDS IS RELEVANT AND MATERIAL TO THE ISSUE OF WHETHER SUCH
CLAIM WAS PROPERLY DENIED. THE COMMISSIONER SHALL HAVE THE AUTHORITY  TO
PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PROC-
ESSING, DETERMINATION AND GRANTING OF CREDITS  AND  REFUNDS  UNDER  THIS
SUBSECTION.
  (8)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, THE CREDIT
ALLOWED BY A LOCAL LAW ENACTED UNDER THIS SUBSECTION SHALL BE DETERMINED
AFTER THE DETERMINATION AND APPLICATION OF ANY OTHER  CREDITS  PERMITTED
UNDER THE PROVISIONS OF THIS ARTICLE.
  (9)  A LOCAL LAW ENACTED PURSUANT TO THIS SUBSECTION SHALL BE APPLICA-
BLE WITH RESPECT TO ANY TAXABLE YEAR ONLY IF IT HAS BEEN ENACTED  ON  OR
BEFORE  JULY  THIRTY-FIRST  OF SUCH YEAR. A CERTIFIED COPY OF SUCH LOCAL
LAW SHALL BE MAILED BY REGISTERED MAIL TO THE STATE DEPARTMENT OF  TAXA-
TION  AND  FINANCE  AT  ITS  OFFICE IN ALBANY WITHIN FIFTEEN DAYS OF ITS
ENACTMENT. HOWEVER, THE STATE DEPARTMENT OF  TAXATION  AND  FINANCE  MAY
ALLOW  ADDITIONAL  TIME FOR SUCH CERTIFIED COPY TO BE MAILED IF IT DEEMS
SUCH ACTION TO BE CONSISTENT WITH ITS DUTIES UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2013.