[ ] is old law to be omitted.
LBD12674-03-6
A. 9009--B 2
it, in relation to making the enhanced earned income tax credit perma-
nent (Part L); to amend part N of chapter 61 of the laws of 2005
amending the tax law relating to certain transactions and related
information and relating to the voluntary compliance initiative, in
relation to permanently extending the disclosure and penalty
provisions for transactions that present the potential for tax avoid-
ance (Part M); to amend the tax law, in relation to extending the
clean heating fuel credit for three years (Part N); to amend the
economic development law and the tax law, in relation to extending the
excelsior jobs program for five years (Part O); to amend the tax law
and the administrative code of the City of New York, in relation to
making corrections to the corporate tax reform provisions (Part P); to
amend the tax law and the administrative code of the city of New York,
in relation to the time for filing reports (Part Q); to amend the tax
law and the administrative code of the city of New York, in relation
to the business income base rate and expanding the small business
subtraction modification (Part R); intentionally omitted (Part S); to
amend the tax law, in relation to establishing a tax credit for New
York state thruway tolls for farm vehicles (Part T); to amend chapter
109 of the laws of 2006 amending the tax law and other laws relating
to providing exemptions, reimbursements and credits from various taxes
for certain alternative fuels, in relation to extending the alterna-
tive fuels tax exemptions for five years (Part U); to amend the tax
law, in relation to exempting from alcoholic beverage tax certain
alcoholic beverages furnished at no charge by certain licensees to
customers or prospective customers at a tasting held in accordance
with the alcoholic beverage control law, and to expand the beer
production credit to include wine, liquor and cider (Part V); to amend
the tax law, in relation to authorizing jeopardy assessments on ciga-
rette and tobacco product taxes assessed under article 20 thereof
(Part W); to amend the tax law and the administrative code of the city
of New York, in relation to allowing room remarketers to purchase
occupancies from hotel operators exempt from sales tax under certain
circumstances (Part X); to amend the tax law, in relation to charita-
ble contributions and charitable activities being considered in deter-
mining domicile for estate tax purposes (Part Y); to amend the state
finance law, in relation to creating the aviation purpose account and
ensuring that the funds deposited in the aviation purpose account are
used for airport improvement projects; to amend the tax law, in
relation to provide for the distribution of revenues under section
301-e of such law; to exempt sales of fuel sold for use in commercial
aircraft and general aviation aircraft from the prepayment of sales
tax imposed pursuant to the authority of section 1102(a) (1) (ii) of
such law; and to exclude sales of fuel sold for use in commercial
aircraft and general aviation aircraft from the operation of sales and
use taxes imposed pursuant to the authority of section 1210(a) of such
law (Part Z); intentionally omitted (Part AA); intentionally omitted
(Part BB); to amend the racing, pari-mutuel wagering and breeding law,
in relation to the timing of harness track reimbursements and other
technical amendments (Part CC); to amend the tax law, in relation to
the payment of vendors' fees (Part DD); to amend the tax law, in
relation to vendor fees at vendor tracks (Part EE); to amend the
racing, pari-mutuel wagering and breeding law, in relation to licenses
for simulcast facilities, sums relating to track simulcast, simulcast
of out-of-state thoroughbred races, simulcasting of races run by out-
of-state harness tracks and distributions of wagers; to amend chapter
A. 9009--B 3
281 of the laws of 1994 amending the racing, pari-mutuel wagering and
breeding law and other laws relating to simulcasting; to amend chapter
346 of the laws of 1990 amending the racing, pari-mutuel wagering and
breeding law and other laws relating to simulcasting and the imposi-
tion of certain taxes, in relation to extending certain provisions
thereof; and to amend the racing, pari-mutuel and breeding law, in
relation to extending certain provisions thereof (Part FF); to amend
the tax law, in relation to capital awards to vendor tracks (Part GG);
to amend the state finance law, in relation to allocations from the
commercial gaming revenue fund; to amend the tax law, in relation to
commissions payable to certain vendor racetracks (Part HH); to amend
the tax law, in relation to further clarifying disclosure procedures
regarding medical marihuana (Part II); to amend the real property tax
law, in relation to STAR recoupment program (Part JJ); to amend the
tax law and the state finance law, in relation to the fees associated
with a certificate of registration and decal imposed by article 21 of
the tax law for certain vehicles operating on public highways in New
York state (Part KK); in relation to enacting the empire state appren-
ticeship program; to amend the labor law, in relation to establishing
the empire state apprenticeship tax credit program and granting the
commissioner of the department of labor the power to administer such
program; and to amend the tax law, in relation to the empire state
apprenticeship tax credit (Subpart A); to amend the labor law, in
relation to establishing the empire state apprenticeship grant program
for small business and not-for-profit corporations (Subpart B)(Part
LL); to amend the tax law, in relation to providing a tax credit for
universal visitability; and providing for the repeal of such
provisions upon the expiration thereof (Part MM); to amend the tax
law, in relation to the earned income credit (Subpart A); and to amend
the tax law, in relation to income tax rates; and to repeal certain
provisions of such law relating thereto (Subpart B) (Part NN); to
amend the tax law, in relation to QEZE tax reduction credits (Part
OO); to amend the economic development law and the tax law, in
relation to tax credits for upstate reinvestment zones (Part PP); to
amend the tax law, in relation to establishing a credit for geothermal
energy systems (Part QQ); to amend the tax law, in relation to exempt-
ing commercial fuel cell electricity generating systems and electric-
ity generated by such equipment from the sales tax imposed by article
28 of the tax law and omitting such exemption from the taxes imposed
pursuant to the authority of article 29 of the tax law (Part RR); to
amend the tax law, in relation to farm savings accounts (Part SS); to
amend the tax law, in relation to the imposition of an occupancy tax
in the village of Tuckahoe; and providing for the repeal of such
provisions upon expiration thereof (Title A); to amend the tax law, in
relation to the imposition of an occupancy tax in the town of North
Castle; and providing for the repeal of such provisions upon expira-
tion thereof (Title B); to amend the tax law, in relation to the impo-
sition of an occupancy tax in the village of Harrison; and providing
for the repeal of such provisions upon expiration thereof (Title C);
to amend the tax law, in relation to authorizing the town of Green-
burgh to adopt a local law to impose a hotel/motel occupancy tax for
hotels not located in a village; authorizing specified villages in the
towns of Greenburgh and Mount Pleasant to adopt a local law to impose
a hotel/motel occupancy tax in such villages; and providing for the
repeal of such provisions upon expiration thereof (Title D); to amend
the tax law, in relation to the imposition of a hotel and motel tax in
A. 9009--B 4
the town of Woodbury; and providing for the repeal of such provisions
upon expiration thereof (Title E); to amend the tax law, in relation
to the imposition of an occupancy tax in the village of Mamaroneck;
and providing for the repeal of such provisions upon expiration there-
of (Title F); and to amend the tax law, in relation to authorizing the
imposition of an occupancy tax in the village of Port Chester; and
providing for the repeal of such provisions upon expiration thereof
(Title G) (Subpart A); and to amend the tax law, in relation to the
imposition of hotel and motel taxes in towns and villages (Subpart B)
(Part TT); to amend the state finance law and chapter 453 of the laws
of 2015 amending the state finance law relating to tax check-off
funds, in relation to making technical corrections to language relat-
ing to report recipients (Part UU); to amend the real property tax
law, in relation to farm waste energy systems (Part VV); to amend part
U of chapter 55 of the laws of 2014, amending the real property tax
law relating to the tax abatement and exemption for rent regulated and
rent controlled property occupied by senior citizens, in relation to
extending the effectiveness thereof, in relation to extending
reimbursements; and to amend section 4 of chapter 129 of the laws of
2014, amending the real property tax law relating to the tax abatement
and exemption for rent regulated and rent controlled property occupied
by persons with disabilities, in relation to extending the effective-
ness thereof (Part WW); to amend the racing, pari-mutuel wagering and
breeding law, in relation to the New York Jockey Injury Compensation
Fund, Inc. (Part XX); to amend the racing, pari-mutuel wagering and
breeding law, in relation to health insurance for jockeys (Part YY);
to amend the tax law and the economic development law, in relation to
the creation of the empire state music production credit; and to
repeal subdivision 11 of section 352 of the economic development law
relating thereto (Part ZZ); and to amend the tax law, in relation to
sales and compensating use taxes (Part AAA)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through AAA. The effective date for each partic-
ular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Intentionally Omitted
PART B
Intentionally Omitted
A. 9009--B 5
PART C
Section 1. Subparagraphs (iv), (v) and (vi) of paragraph (b) of subdi-
vision 4 of section 425 of the real property tax law, subparagraph (iv)
as amended by chapter 451 of the laws of 2015, subparagraph (v) as
amended by section 10 of part W of chapter 56 of the laws of 2010,
subparagraph (vi) as amended by section 3 of part E of chapter 83 of the
laws of 2002, and clause (E) of subparagraph (vi) as further amended by
section 1 of part W of chapter 56 of the laws of 2010, are amended to
read as follows:
(iv) Effective with applications for the enhanced exemption on final
assessment rolls to be completed in two thousand [three] SEVENTEEN, the
application form shall indicate that the owners of the property and any
owners' spouses residing on the premises [may] MUST ENROLL IN THE STAR
INCOME VERIFICATION PROGRAM ADMINISTERED BY THE DEPARTMENT IN ORDER FOR
THE PROPERTY TO BE ELIGIBLE FOR AN ENHANCED EXEMPTION PURSUANT TO THIS
SUBDIVISION. TO ENROLL THEREIN, THEY MUST authorize the assessor to have
their income eligibility verified annually thereafter by the [state]
department [of taxation and finance, in lieu of furnishing copies of the
applicable income tax return or returns with the application. If the
owners of the property and any owners' spouses residing on the premises
elect to participate in this program, which shall be known as the STAR
income verification program, they] AND must furnish their taxpayer iden-
tification numbers in order to facilitate matching with records of the
department. Thereafter, their income eligibility shall be verified annu-
ally by the department and the assessor shall not request income
documentation from them, unless such department advises the assessor
that [they do not satisfy the applicable income eligibility require-
ments, or that] it is unable to determine whether they satisfy those
requirements, OR UNLESS ONE OR MORE OF THE OWNERS OR SPOUSES IN QUESTION
WERE NOT REQUIRED TO FILE A NEW YORK INCOME TAX RETURN FOR THE APPLICA-
BLE INCOME TAX YEAR AND DID NOT DO SO. All APPLICANTS FOR THE ENHANCED
STAR EXEMPTION AND ALL assessing units shall be required to participate
in this program. ONCE ENROLLED IN THE INCOME VERIFICATION PROGRAM FOR A
PROPERTY, APPLICANTS SHALL REMAIN ENROLLED IN THE INCOME VERIFICATION
PROGRAM FOR THE PURPOSE OF QUALIFYING FOR THE ENHANCED STAR EXEMPTION IN
FUTURE YEARS ON SUCH PROPERTY, EVEN IF THEY DO NOT SATISFY THE APPLICA-
BLE INCOME ELIGIBILITY REQUIREMENTS FOR ONE OR MORE YEARS.
(v) (A) Except in the case of a city with a population of one million
or more, the assessor shall forward to the department, in the time and
manner required by the department, information identifying the persons
[who have elected to participate in the STAR income verification
program] WHO ARE ENROLLED IN THE STAR INCOME VERIFICATION PROGRAM ESTAB-
LISHED BY THIS PARAGRAPH. After receiving the department's response or
responses, the assessing authority shall cause notices to be mailed to
participants as provided by paragraph (b) of subdivision five of this
section. Information provided to the department identifying such
persons, and responses obtained from such department shall be confiden-
tial and shall not be subject to disclosure under article six of the
public officers law.
(B) In the case of a city of one million or more, the assessor shall
forward to the department [of taxation and finance], in the time and
manner required by the department, information identifying the persons
[who have elected to participate in the STAR income verification
program] WHO ARE ENROLLED IN THE STAR INCOME VERIFICATION PROGRAM ESTAB-
LISHED BY THIS PARAGRAPH. The department shall advise the assessor of
A. 9009--B 6
its findings in the manner provided by the agreement executed pursuant
to section one hundred seventy-one-o of the tax law. After receiving
such response or responses, the assessing authority shall cause notices
to be mailed to participants as provided by paragraph (b) of subdivision
five of this section. Information provided to the department identifying
such persons, and responses obtained from such department shall be
confidential and shall not be subject to disclosure under article six of
the public officers law.
(vi) Notwithstanding the provisions of subparagraphs (iv) and (v) of
this paragraph, which establish a STAR income verification program,
income documentation must be submitted to the assessor in connection
with each of the following:
(A) Initial applications for the enhanced STAR exemption;
(B) Renewal applications [submitted by a person or persons who have
not elected to participate in the STAR income verification program]
WHERE ONE OR MORE OF THE OWNERS OR SPOUSES IN QUESTION WERE NOT REQUIRED
TO FILE A NEW YORK INCOME TAX RETURN FOR THE APPLICABLE INCOME TAX YEAR
AND DID NOT DO SO;
(C) Applications that would allow an enhanced exemption to resume
after having been discontinued, UNLESS THE ENHANCED EXEMPTION WAS
DISCONTINUED DUE TO THE DEPARTMENT ADVISING THE ASSESSOR THAT THE APPLI-
CABLE INCOME ELIGIBILITY REQUIREMENTS HAVE NOT BEEN MET;
(D) Applications submitted by a person or persons who had previously
qualified for the enhanced exemption but not in the assessing unit in
question; and
(E) Applications with respect to which the department [of taxation and
finance] has advised the assessor [through the commissioner] that it is
unable to determine whether a participant or participants in the STAR
income verification program satisfy the income eligibility requirements.
S 2. Paragraph (c) of subdivision 6 of section 425 of the real proper-
ty tax law, as amended by chapter 570 of the laws of 1998, is amended to
read as follows:
(c) Senior citizens exemption. When property is eligible for the
senior citizens exemption authorized by section four hundred sixty-seven
of this article, it shall also be deemed to be eligible for the enhanced
exemption authorized by this section for certain senior citizens,
provided, where applicable, that the age requirement established by a
municipal corporation pursuant to subdivision five of section four
hundred sixty-seven of this article is satisfied, and no separate appli-
cation need be filed therefor. PROVIDED HOWEVER, THAT BEGINNING WITH
FINAL ASSESSMENT ROLLS COMPLETED IN TWO THOUSAND SEVENTEEN, SUCH PROPER-
TY SHALL NOT BE ELIGIBLE FOR SUCH ENHANCED EXEMPTION UNLESS THE OWNERS
AND ANY OWNERS' SPOUSES RESIDING THEREON HAVE ENROLLED IN THE INCOME
VERIFICATION PROGRAM ESTABLISHED BY SUBDIVISION FOUR OF THIS SECTION.
S 3. This act shall take effect immediately and shall apply to the
administration of the enhanced STAR exemption authorized by subdivision
4 of section 425 of the real property tax law beginning with final
assessment rolls to be completed in 2017.
PART D
Section 1. Subdivision 6 of section 425 of the real property tax law
is amended by adding a new paragraph (a-2) to read as follows:
(A-2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A
RENEWAL APPLICATION FOR THE "ENHANCED" STAR EXEMPTION AUTHORIZED BY
SUBDIVISION FOUR OF THIS SECTION HAS NOT BEEN FILED ON OR BEFORE THE
A. 9009--B 7
TAXABLE STATUS DATE, AND THE OWNER BELIEVES THAT GOOD CAUSE EXISTED FOR
THE FAILURE TO FILE THE RENEWAL APPLICATION BY THAT DATE, THE OWNER MAY,
NO LATER THAN THE LAST DAY FOR PAYING SCHOOL TAXES WITHOUT INCURRING
INTEREST OR PENALTY, SUBMIT A WRITTEN REQUEST TO THE COMMISSIONER ASKING
HIM OR HER TO EXTEND THE FILING DEADLINE AND GRANT THE EXEMPTION. SUCH
REQUEST SHALL CONTAIN AN EXPLANATION OF WHY THE DEADLINE WAS MISSED, AND
SHALL BE ACCOMPANIED BY A RENEWAL APPLICATION, REFLECTING THE FACTS AND
CIRCUMSTANCES AS THEY EXISTED ON THE TAXABLE STATUS DATE. AFTER CONSULT-
ING WITH THE ASSESSOR, THE COMMISSIONER MAY EXTEND THE FILING DEADLINE
AND GRANT THE EXEMPTION IF THE COMMISSIONER IS SATISFIED THAT (I) GOOD
CAUSE EXISTED FOR THE FAILURE TO FILE THE RENEWAL APPLICATION BY THE
TAXABLE STATUS DATE, AND THAT (II) THE APPLICANT IS OTHERWISE ENTITLED
TO THE EXEMPTION. THE COMMISSIONER SHALL MAIL NOTICE OF HIS OR HER
DETERMINATION TO SUCH OWNER AND THE ASSESSOR. IF THE DETERMINATION
STATES THAT THE COMMISSIONER HAS GRANTED THE EXEMPTION, THE ASSESSOR
SHALL THEREUPON BE AUTHORIZED AND DIRECTED TO CORRECT THE ASSESSMENT
ROLL ACCORDINGLY, OR, IF ANOTHER PERSON HAS CUSTODY OR CONTROL OF THE
ASSESSMENT ROLL, TO DIRECT THAT PERSON TO MAKE THE APPROPRIATE
CORRECTIONS. IF THE CORRECTION IS NOT MADE BEFORE SCHOOL TAXES ARE
LEVIED, THE FAILURE TO TAKE THE EXEMPTION INTO ACCOUNT IN THE COMPUTA-
TION OF THE TAX SHALL BE DEEMED A "CLERICAL ERROR" FOR PURPOSES OF TITLE
THREE OF ARTICLE FIVE OF THIS CHAPTER, AND SHALL BE CORRECTED ACCORDING-
LY.
S 2. Section 467 of the real property tax law is amended by adding a
new subdivision 8-a to read as follows:
8-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE LOCAL
GOVERNING BODY OF A MUNICIPAL CORPORATION THAT IS AUTHORIZED TO ADOPT A
LOCAL LAW PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION IS FURTHER
AUTHORIZED TO ADOPT A LOCAL LAW PROVIDING THAT WHERE A RENEWAL APPLICA-
TION FOR THE EXEMPTION AUTHORIZED BY THIS SECTION HAS NOT BEEN FILED ON
OR BEFORE THE TAXABLE STATUS DATE, AND THE OWNER BELIEVES THAT GOOD
CAUSE EXISTED FOR THE FAILURE TO FILE THE RENEWAL APPLICATION BY THAT
DATE, THE OWNER MAY, NO LATER THAN THE LAST DAY FOR PAYING TAXES WITHOUT
INCURRING INTEREST OR PENALTY, SUBMIT A WRITTEN REQUEST TO THE ASSESSOR
ASKING HIM OR HER TO EXTEND THE FILING DEADLINE AND GRANT THE EXEMPTION.
SUCH REQUEST SHALL CONTAIN AN EXPLANATION OF WHY THE DEADLINE WAS
MISSED, AND SHALL BE ACCOMPANIED BY A RENEWAL APPLICATION, REFLECTING
THE FACTS AND CIRCUMSTANCES AS THEY EXISTED ON THE TAXABLE STATUS DATE.
THE ASSESSOR MAY EXTEND THE FILING DEADLINE AND GRANT THE EXEMPTION IF
HE OR SHE IS SATISFIED THAT (I) GOOD CAUSE EXISTED FOR THE FAILURE TO
FILE THE RENEWAL APPLICATION BY THE TAXABLE STATUS DATE, AND THAT (II)
THE APPLICANT IS OTHERWISE ENTITLED TO THE EXEMPTION. THE ASSESSOR SHALL
MAIL NOTICE OF HIS OR HER DETERMINATION TO THE OWNER. IF THE DETERMI-
NATION STATES THAT THE ASSESSOR HAS GRANTED THE EXEMPTION, HE OR SHE
SHALL THEREUPON BE AUTHORIZED AND DIRECTED TO CORRECT THE ASSESSMENT
ROLL ACCORDINGLY, OR, IF ANOTHER PERSON HAS CUSTODY OR CONTROL OF THE
ASSESSMENT ROLL, TO DIRECT THAT PERSON TO MAKE THE APPROPRIATE
CORRECTIONS. IF THE CORRECTION IS NOT MADE BEFORE TAXES ARE LEVIED, THE
FAILURE TO TAKE THE EXEMPTION INTO ACCOUNT IN THE COMPUTATION OF THE TAX
SHALL BE DEEMED A "CLERICAL ERROR" FOR PURPOSES OF TITLE THREE OF ARTI-
CLE FIVE OF THIS CHAPTER, AND SHALL BE CORRECTED ACCORDINGLY.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART E
A. 9009--B 8
Section 1. Section 606 of the tax law is amended by adding a new
subsection (eee) to read as follows:
(EEE) SCHOOL TAX REDUCTION CREDIT FOR RESIDENTS OF A CITY WITH A POPU-
LATION OVER ONE MILLION. (1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOU-
SAND FIFTEEN, A SCHOOL TAX REDUCTION CREDIT SHALL BE ALLOWED TO A RESI-
DENT INDIVIDUAL OF THE STATE WHO IS A RESIDENT OF A CITY WITH A
POPULATION OVER ONE MILLION, AS PROVIDED BELOW. THE CREDIT SHALL BE
ALLOWED AGAINST THE TAXES AUTHORIZED BY THIS ARTICLE REDUCED BY THE
CREDITS PERMITTED BY THIS ARTICLE. IF THE CREDIT EXCEEDS THE TAX AS SO
REDUCED, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED HOWEVER, THAT NO INTEREST
WILL BE PAID THEREON. FOR PURPOSES OF THIS SUBSECTION, NO CREDIT SHALL
BE GRANTED 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.
(2) THE AMOUNT OF THE CREDIT UNDER THIS PARAGRAPH SHALL BE DETERMINED
BASED UPON THE TAXPAYER'S INCOME AS DEFINED IN SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWENTY-FIVE OF
THE REAL PROPERTY TAX LAW. FOR THE PURPOSES OF THIS PARAGRAPH, ANY
TAXPAYER UNDER SUBPARAGRAPHS (A) AND (B) OF THIS PARAGRAPH WITH INCOME
OF MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS SHALL NOT RECEIVE A
CREDIT.
(A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
THE CASE OF MARRIED INDIVIDUALS WHO MAKE A SINGLE RETURN JOINTLY AND OF
A SURVIVING SPOUSE, THE CREDIT SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS.
(B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN, THE CREDIT
SHALL BE SIXTY-TWO DOLLARS AND FIFTY CENTS.
(3) PART-YEAR RESIDENTS. IF A TAXPAYER CHANGES STATUS DURING THE TAXA-
BLE YEAR FROM RESIDENT TO NONRESIDENT, OR FROM NONRESIDENT TO RESIDENT,
THE SCHOOL TAX REDUCTION CREDIT AUTHORIZED BY THIS SUBSECTION SHALL BE
PRORATED ACCORDING TO THE NUMBER OF MONTHS IN THE PERIOD OF RESIDENCE.
S 2. Paragraphs 1 and 2 of subsection (e) of section 1310 of the tax
law, paragraph 1 as amended by section 3 of part A of chapter 56 of the
laws of 1998, paragraph 2 as amended by section 1 of part R of chapter
57 of the laws of 2008 and subparagraphs (A) and (B) of paragraph 2 as
amended by section 4 of part M of chapter 57 of the laws of 2009, are
amended to read as follows:
(1) For taxable years beginning after nineteen hundred ninety-seven,
AND ENDING BEFORE TWO THOUSAND SIXTEEN, a state school tax reduction
credit shall be allowed as provided in the following tables. The credit
shall be allowed against the taxes authorized by this article reduced by
the credits permitted by this article. If the credit exceeds the tax as
so reduced, the taxpayer may receive, and the comptroller, subject to a
certificate of the commissioner, shall pay as an overpayment, without
interest, the amount of such excess. For purposes of this subsection, no
credit shall be granted 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.
(2) The amount of the credit under this paragraph shall be determined
based upon the taxpayer's income as defined in subparagraph (ii) of
paragraph (b) of subdivision four of section four hundred twenty-five of
the real property tax law. For the purposes of this paragraph, any
taxpayer under subparagraphs (A) and (B) of this paragraph with income
A. 9009--B 9
of more than two hundred fifty thousand dollars shall not receive a
credit.
Beginning in the two thousand ten tax year and each tax year thereaft-
er THROUGH TWO THOUSAND FIFTEEN, the "more than two hundred fifty thou-
sand dollar" income limitation shall be adjusted by applying the
inflation factor set forth herein, and rounding each result to the near-
est multiple of one hundred dollars. The department shall establish the
income limitation to be associated with each subsequent tax year by
applying the inflation factor set forth herein to the figures that
define the income limitation that were applicable to the preceding tax
year, as determined pursuant to this [subdivision] SUBSECTION, and
rounding each result to the nearest multiple of one hundred dollars.
Such determination shall be made no later than March first, two thousand
ten and each year thereafter.
[For purposes of this paragraph, the "inflation factor" shall be
determined in accordance with the provisions set forth in subdivision
fifteen of section one hundred seventy-eight of this chapter.]
(A) Married individuals filing joint returns and surviving spouses. In
the case of a husband and wife who make a single return jointly and of a
surviving spouse:
For taxable years beginning: The credit shall be:
in 2001-2005 $125
in 2006 $230
in 2007-2008 $290
in 2009 [and after]- 2015 $125
(B) All others. In the case of an unmarried individual, a head of a
household or a married individual filing a separate return:
For taxable years beginning: The credit shall be:
in 2001-2005 $62.50
in 2006 $115
in 2007-2008 $145
in 2009 [and after]- 2015 $62.50
S 3. Paragraphs 1 and 2 of subsection (c) of section 11-1706 of the
administrative code of the city of New York, paragraph 1 as amended by
section 6 of part A of chapter 56 of the laws of 1998, paragraph 2 as
amended by section 2 of part R of chapter 57 of the laws of 2008 and
subparagraphs (A) and (B) of paragraph 2 as amended by section 5 of part
M of chapter 57 of the laws of 2009, are amended to read as follows:
(1) For taxable years beginning after nineteen hundred ninety-seven
AND ENDING BEFORE TWO THOUSAND SIXTEEN, a state school tax reduction
credit shall be allowed as provided in the following tables. The credit
shall be allowed against the taxes authorized by this article reduced by
the credits permitted by this article. If the credit exceeds the tax as
so reduced, the taxpayer may receive, and the comptroller, subject to a
certificate of the commissioner, shall pay as an overpayment, without
interest, the amount of such excess. For purposes of this [subdivision]
SUBSECTION, no credit shall be granted 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.
(2) The amount of the credit under this paragraph shall be determined
based upon the taxpayer's income as defined in subparagraph (ii) of
paragraph (b) of subdivision four of section four hundred twenty-five of
the real property tax law. For purposes of this paragraph, any taxpayer
under subparagraphs (A) and (B) of this paragraph with income of more
than two hundred fifty thousand dollars shall not receive a credit.
A. 9009--B 10
Beginning in the two thousand ten tax year and each tax year thereaft-
er THROUGH TWO THOUSAND FIFTEEN, the "more than two hundred fifty thou-
sand dollar" income limitation shall be adjusted by applying the
inflation factor set forth herein, and rounding each result to the near-
est multiple of one hundred dollars. The department shall establish the
income limitation to be associated with each subsequent tax year by
applying the inflation factor set forth herein to the figures that
define the income limitation that were applicable to the preceding tax
year, as determined pursuant to this [subdivision] SUBSECTION, and
rounding each result to the nearest multiple of one hundred dollars.
Such determination shall be made no later than March first, two thousand
ten and each year thereafter.
[For purposes of this paragraph, the "inflation factor" shall be
determined in accordance with the provisions set forth in subdivision
fifteen of section one hundred seventy-eight of the tax law.]
(A) Married individuals filing joint returns and surviving spouses. In
the case of a husband and wife who make a single return jointly and of a
surviving spouse:
For taxable years beginning: The credit shall be:
in 2001-2005 $125
in 2006 $230
in 2007-2008 $290
in 2009 [and after]- 2015 $125
(B) All others. In the case of an unmarried individual, a head of a
household or a married individual filing a separate return:
For taxable years beginning: The credit shall be:
in 2001-2005 $62.50
in 2006 $115
in 2007-2008 $145
in 2009 [and after]- 2015 $62.50
S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.
PART F
Section 1. Section 425 of the real property tax law is amended by
adding a new subdivision 16 to read as follows:
(16) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHEN THE
COMMISSIONER FINDS THAT A PROPERTY OWNER WAS ELIGIBLE FOR THE STAR
EXEMPTION AUTHORIZED BY THIS SECTION ON AN ASSESSMENT ROLL, BUT THE
EXEMPTION WAS NOT TAKEN INTO ACCOUNT IN THE CALCULATION OF THE PROPERTY
OWNER'S SCHOOL TAX BILL DUE TO AN ADMINISTRATIVE ERROR, AND THE PROPERTY
OWNER OR HIS OR HER AGENT PAID AN EXCESSIVE AMOUNT OF SCHOOL TAXES ON
THE PROPERTY AS A RESULT, THE COMMISSIONER OF TAXATION AND FINANCE IS
AUTHORIZED TO REMIT DIRECTLY TO THE PROPERTY OWNER THE TAX SAVINGS THAT
THE STAR EXEMPTION WOULD HAVE YIELDED IF THE STAR EXEMPTION HAD BEEN
TAKEN INTO ACCOUNT IN THE CALCULATION OF THAT TAXPAYER'S SCHOOL TAX
BILL. THE AMOUNTS PAYABLE UNDER THIS SECTION SHALL BE PAID FROM THE
ACCOUNT ESTABLISHED FOR THE PAYMENT OF STAR BENEFITS TO LATE REGISTRANTS
PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION FOURTEEN
OF THIS SECTION. WHERE SUCH A PAYMENT HAS BEEN MADE, NEITHER THE PROPER-
TY OWNER NOR HIS OR HER AGENT SHALL BE ENTITLED TO A REFUND OF THE
EXCESSIVE AMOUNT OF SCHOOL TAXES PAID ON ACCOUNT OF THE ADMINISTRATIVE
ERROR.
S 2. This act shall take effect immediately.
A. 9009--B 11
PART G
Section 1. Paragraph 10 of subsection (g) of section 658 of the tax
law is REPEALED.
S 2. Paragraph 10 of subdivision (g) of section 11-1758 of the admin-
istrative code of the city of New York is REPEALED.
S 3. Paragraph 5 of subsection (u) of section 685 of the tax law is
REPEALED.
S 4. Paragraph 5 of subdivision (t) of section 11-1785 of the adminis-
trative code of the city of New York is REPEALED.
S 5. Section 23 of part U of chapter 61 of the laws of 2011, amending
the real property tax law and other laws relating to establishing stand-
ards for electronic tax administration, as amended by section 1 of part
H of chapter 59 of the laws of 2013, is amended to read as follows:
S 23. This act shall take effect immediately; provided, however, that:
(a) the amendments to section 29 of the tax law made by section thir-
teen of this act shall apply to tax documents filed or required to be
filed on or after the sixtieth day after which this act shall have
become a law [and shall expire and be deemed repealed December 31,
2016], provided however that the amendments to paragraph 4 of subdivi-
sion (a) of section 29 of the tax law and paragraph 2 of subdivision (e)
of section 29 of the tax law made by section thirteen of this act with
regard to individual taxpayers shall take effect September 15, 2011 but
only if the commissioner of taxation and finance has reported in the
report required by section seventeen-b of this act that the percentage
of individual taxpayers electronically filing their 2010 income tax
returns is less than eighty-five percent; provided that the commissioner
of taxation and finance shall notify the legislative bill drafting
commission of the date of the issuance of such report in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law;
(b) sections fourteen, fifteen, sixteen and seventeen of this act
shall take effect September 15, 2011 but only if the commissioner of
taxation and finance has reported in the report required by section
seventeen-b of this act that the percentage of individual taxpayers
electronically filing their 2010 income tax returns is less than eight-
y-five percent; AND
(c) sections fourteen-a and fifteen-a of this act shall take effect
September 15, 2011 and expire and be deemed repealed December 31, 2012
but shall take effect only if the commissioner of taxation and finance
has reported in the report required by section seventeen-b of this act
that the percentage of individual taxpayers electronically filing their
2010 income tax returns is eighty-five percent or greater[;
(d) sections fourteen-b, fifteen-b, sixteen-a and seventeen-a of this
act shall take effect January 1, 2017 but only if the commissioner of
taxation and finance has reported in the report required by section
seventeen-b of this act that the percentage of individual taxpayers
electronically filing their 2010 income tax returns is less than eight-
y-five percent; and
(e) sections twenty-one and twenty-one-a of this act shall expire and
be deemed repealed December 31, 2016].
S 6. Subsection (aa) of section 685 of the tax law is REPEALED and a
new subsection (aa) is added to read as follows:
A. 9009--B 12
(AA) TAX PREPARER PENALTY. -- (1) IF AN INCOME TAX PREPARER TAKES A
POSITION ON ANY RETURN THAT EITHER UNDERSTATES THE TAX LIABILITY OR
INCREASES THE CLAIM FOR A REFUND, AND THE PREPARER KNEW, OR REASONABLY
SHOULD HAVE KNOWN, THAT SAID POSITION WAS NOT PROPER, AND SUCH POSITION
WAS NOT ADEQUATELY DISCLOSED ON THE RETURN OR IN A STATEMENT ATTACHED TO
THE RETURN, SUCH INCOME TAX PREPARER SHALL PAY A PENALTY OF BETWEEN ONE
HUNDRED AND ONE THOUSAND DOLLARS.
(2) IF AN INCOME TAX PREPARER TAKES A POSITION ON ANY RETURN THAT
EITHER UNDERSTATES THE TAX LIABILITY OR INCREASES THE CLAIM FOR A REFUND
AND THE UNDERSTATEMENT OF THE TAX LIABILITY OR THE INCREASED CLAIM FOR
REFUND IS DUE TO THE PREPARER'S RECKLESS OR INTENTIONAL DISREGARD OF THE
LAW, RULES OR REGULATIONS, SUCH PREPARER SHALL PAY A PENALTY OF BETWEEN
FIVE HUNDRED AND FIVE THOUSAND DOLLARS. THE AMOUNT OF THE PENALTY PAYA-
BLE BY ANY PERSON BY REASON OF THIS PARAGRAPH SHALL BE REDUCED BY THE
AMOUNT OF THE PENALTY PAID BY SUCH PERSON BY REASON OF PARAGRAPH (1) OF
THIS SUBSECTION.
(3) FOR PURPOSES OF THIS SUBSECTION, THE TERM "UNDERSTATEMENT OF
LIABILITY" MEANS ANY UNDERSTATEMENT OF THE NET AMOUNT PAYABLE WITH
RESPECT TO ANY TAX IMPOSED UNDER THIS ARTICLE OR ANY OVERSTATEMENT OF
THE NET AMOUNT CREDITABLE OR REFUNDABLE WITH RESPECT TO ANY SUCH TAX.
(4) THIS SUBSECTION SHALL NOT APPLY IF THE PENALTY UNDER SUBSECTION
(R) OF THIS SECTION IS IMPOSED ON THE TAX RETURN PREPARER WITH RESPECT
TO SUCH UNDERSTATEMENT.
S 7. Subsection (u) of section 685 of the tax law is amended by adding
two new paragraphs (1) and (2) to read as follows:
(1) FAILURE TO SIGN RETURN OR CLAIM FOR REFUND. ANY INDIVIDUAL WHO IS
A TAX RETURN PREPARER BUT IS NOT SUBJECT TO THE REQUIREMENTS UNDER
SECTION THIRTY-TWO OF THIS CHAPTER, WHO IS REQUIRED PURSUANT TO PARA-
GRAPH ONE OF SUBSECTION (G) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THIS
ARTICLE TO SIGN A RETURN OR CLAIM FOR REFUND AND WHO FAILS TO COMPLY
WITH SUCH REQUIREMENT WITH RESPECT TO SUCH RETURN OR CLAIM FOR REFUND,
SHALL BE SUBJECT TO A PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH
FAILURE TO SIGN, UNLESS IT IS SHOWN THAT SUCH FAILURE IS DUE TO REASON-
ABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT. THE MAXIMUM PENALTY IMPOSED
UNDER THIS PARAGRAPH ON ANY TAX RETURN PREPARER WITH RESPECT TO RETURNS
FILED DURING ANY CALENDAR YEAR BY THE TAX RETURN PREPARER MUST NOT
EXCEED TEN THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT IF A TAX RETURN
PREPARER HAS BEEN PENALIZED UNDER THIS PARAGRAPH FOR A PRECEDING CALEN-
DAR YEAR AND AGAIN FAILS TO SIGN HIS OR HER NAME ON ANY RETURN THAT
REQUIRES THE TAX RETURN PREPARER'S SIGNATURE DURING A SUBSEQUENT CALEN-
DAR YEAR, THEN THE PENALTY UNDER THIS PARAGRAPH FOR EACH FAILURE WILL BE
FIVE HUNDRED DOLLARS, AND NO ANNUAL CAP WILL APPLY.
(2) FAILURE TO FURNISH IDENTIFYING NUMBER. IF ANY IDENTIFYING NUMBER
REQUIRED TO BE INCLUDED ON ANY RETURN OR CLAIM FOR REFUND PURSUANT TO
PARAGRAPH TWO OF SUBSECTION (G) OF SECTION SIX HUNDRED FIFTY-EIGHT OF
THIS ARTICLE IS NOT SO INCLUDED, THE PERSON WHO IS THE TAX RETURN
PREPARER BUT IT NOT SUBJECT TO THE REQUIREMENTS UNDER SECTION THIRTY-TWO
OF THIS CHAPTER WITH RESPECT TO SUCH RETURN OR CLAIM FOR REFUND, SHALL
BE SUBJECT TO A PENALTY OF ONE HUNDRED DOLLARS FOR EACH SUCH FAILURE,
UNLESS IT IS SHOWN THAT SUCH FAILURE IS DUE TO REASONABLE CAUSE AND NOT
WILLFUL NEGLECT. THE MAXIMUM PENALTY IMPOSED UNDER THIS PARAGRAPH ON ANY
TAX RETURN PREPARER WITH RESPECT TO RETURNS FILED DURING ANY CALENDAR
YEAR MUST NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED, HOWEV-
ER, THAT IF A TAX RETURN PREPARER HAS BEEN PENALIZED UNDER THIS PARA-
GRAPH FOR A PRECEDING CALENDAR YEAR AND AGAIN FAILS TO INCLUDE THE IDEN-
TIFYING NUMBER ON ONE OR MORE RETURNS DURING A SUBSEQUENT CALENDAR YEAR,
A. 9009--B 13
THEN THE PENALTY UNDER THIS PARAGRAPH FOR EACH FAILURE WILL BE TWO
HUNDRED FIFTY DOLLARS, AND NO ANNUAL CAP WILL APPLY.
S 8. This act shall take effect immediately; provided, however, that
section seven of this act shall apply to taxable years commencing on and
after January 1, 2016.
PART H
Section 1. Subdivision 4 of section 22 of the public housing law, as
amended by section 2 of part P of chapter 59 of the laws of 2014, is
amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be [sixty-four] SEVENTY-TWO million dollars. The
limitation provided by this subdivision applies only to allocation of
the aggregate dollar amount of credit by the commissioner, and does not
apply to allowance to a taxpayer of the credit with respect to an eligi-
ble low-income building for each year of the credit period.
S 2. Subdivision 4 of section 22 of the public housing law, as amended
by section one of this act, is amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be [seventy-two] EIGHTY million dollars. The limita-
tion provided by this subdivision applies only to allocation of the
aggregate dollar amount of credit by the commissioner, and does not
apply to allowance to a taxpayer of the credit with respect to an eligi-
ble low-income building for each year of the credit period.
S 3. Subdivision 4 of section 22 of the public housing law as amended
by section two of this act is amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be [eighty] EIGHTY-EIGHT million dollars. The limita-
tion provided by this subdivision applies only to allocation of the
aggregate dollar amount of credit by the commissioner, and does not
apply to allowance to a taxpayer of the credit with respect to an eligi-
ble low-income building for each year of the credit period.
S 4. Subdivision 4 of section 22 of the public housing law, as amended
by section three of this act, is amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be [eighty-eight] NINETY-SIX million dollars. The
limitation provided by this subdivision applies only to allocation of
the aggregate dollar amount of credit by the commissioner, and does not
apply to allowance to a taxpayer of the credit with respect to an eligi-
ble low-income building for each year of the credit period.
S 5. Subdivision 4 of section 22 of the public housing law, as amended
by section four of this act, is amended to read as follows:
4. Statewide limitation. The aggregate dollar amount of credit which
the commissioner may allocate to eligible low-income buildings under
this article shall be [ninety-six] ONE HUNDRED FOUR million dollars. The
limitation provided by this subdivision applies only to allocation of
the aggregate dollar amount of credit by the commissioner, and does not
apply to allowance to a taxpayer of the credit with respect to an eligi-
ble low-income building for each year of the credit period.
S 6. This act shall take effect immediately; provided, however,
section two of this act shall take effect April 1, 2017; section three
A. 9009--B 14
of this act shall take effect April 1, 2018; section four of this act
shall take effect April 1, 2019 and section five of this act shall take
effect April 1, 2020.
PART I
Section 1. Paragraphs (a) and (b) of subdivision 29 of section 210-B
of the tax law, as added by section 17 of part A of chapter 59 of the
laws of 2014, are amended to read as follows:
(a) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[seventeen] NINETEEN, a taxpayer shall be allowed a credit, to be
computed as provided in this subdivision, against the tax imposed by
this article, for hiring and employing, for not less than one year and
for not less than thirty-five hours each week, a qualified veteran with-
in the state. The taxpayer may claim the credit in the year in which the
qualified veteran completes one year of employment by the taxpayer. If
the taxpayer claims the credit allowed under this subdivision, the
taxpayer may not use the hiring of a qualified veteran that is the basis
for this credit in the basis of any other credit allowed under this
article.
(b) Qualified veteran. A qualified veteran is an individual:
(1) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who was released from active duty by general or honorable
discharge after September eleventh, two thousand one;
(2) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [sixteen] EIGHTEEN; and
(3) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
S 2. Paragraphs 1 and 2 of subsection (a-2) of section 606 of the tax
law, as added by section 3 of part AA of chapter 59 of the laws of 2013,
are amended to read as follows:
(1) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[seventeen] NINETEEN, a taxpayer shall be allowed a credit, to be
computed as provided in this subsection, against the tax imposed by this
article, for hiring and employing, for not less than one year and for
not less than thirty-five hours each week, a qualified veteran within
the state. The taxpayer may claim the credit in the year in which the
qualified veteran completes one year of employment by the taxpayer. If
the taxpayer claims the credit allowed under this subsection, the
taxpayer may not use the hiring of a qualified veteran that is the basis
for this credit in the basis of any other credit allowed under this
article.
(2) Qualified veteran. A qualified veteran is an individual:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
A. 9009--B 15
militia; who was released from active duty by general or honorable
discharge after September eleventh, two thousand one;
(B) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [sixteen] EIGHTEEN; and
(C) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
S 3. Paragraphs 1 and 2 of subdivision (g-1) of section 1511 of the
tax law, as added by section 5 of part AA of chapter 59 of the laws of
2013, are amended to read as follows:
(1) Allowance of credit. For taxable years beginning on or after Janu-
ary first, two thousand fifteen and before January first, two thousand
[seventeen] NINETEEN, a taxpayer shall be allowed a credit, to be
computed as provided in this subdivision, against the tax imposed by
this article, for hiring and employing, for not less than one year and
for not less than thirty-five hours each week, a qualified veteran with-
in the state. The taxpayer may claim the credit in the year in which the
qualified veteran completes one year of employment by the taxpayer. If
the taxpayer claims the credit allowed under this subdivision, the
taxpayer may not use the hiring of a qualified veteran that is the basis
for this credit in the basis of any other credit allowed under this
article.
(2) Qualified veteran. A qualified veteran is an individual:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who was released from active duty by general or honorable
discharge after September eleventh, two thousand one;
(B) who commences employment by the qualified taxpayer on or after
January first, two thousand fourteen, and before January first, two
thousand [sixteen] EIGHTEEN; and
(C) who certifies by signed affidavit, under penalty of perjury, that
he or she has not been employed for thirty-five or more hours during any
week in the one hundred eighty day period immediately prior to his or
her employment by the taxpayer.
S 4. This act shall take effect immediately.
PART J
Section 1. Paragraph 1 of subdivision (a) of section 28 of the tax
law, as amended by section 1 of part O of chapter 59 of the laws of
2014, is amended to read as follows:
(1) A taxpayer which is a qualified commercial production company, or
which is a sole proprietor of a qualified commercial production company,
and which is subject to tax under article nine-A or twenty-two of this
chapter, shall be allowed a credit against such tax, pursuant to the
provisions referenced in subdivision (c) of this section, to be computed
as provided in this section. Provided, however, to be eligible for such
credit, at least seventy-five percent of the production costs (excluding
post production costs) paid or incurred directly and predominantly in
the actual filming or recording of the qualified commercial must be
costs incurred in New York state. The tax credit allowed pursuant to
A. 9009--B 16
this section shall apply to taxable years beginning before January
first, two thousand [seventeen] NINETEEN.
S 2. Paragraph (c) of subdivision 23 of section 210-B of the tax law,
as added by section 17 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(c) Expiration of credit. The credit allowed under this subdivision
shall not be applicable to taxable years beginning on or after [December
thirty-first] JANUARY FIRST, two thousand [seventeen] NINETEEN.
S 3. Paragraph 1 of subsection (jj) of section 606 of the tax law, as
amended by section 4 of part O of chapter 59 of the laws of 2014, is
amended to read as follows:
(1) Allowance of credit. A taxpayer that is eligible pursuant to the
provisions of section twenty-eight of this chapter shall be allowed a
credit to be computed as provided in such section against the tax
imposed by this article. The tax credit allowed pursuant to this section
shall apply to taxable years beginning before January first, two thou-
sand [seventeen] NINETEEN.
S 4. This act shall take effect immediately.
PART K
Section 1. Section 5 of chapter 604 of the laws of 2011, amending the
tax law relating to the credit for companies who provide transportation
to people with disabilities, is amended to read as follows:
S 5. This act shall take effect immediately and shall remain in effect
until December 31, 2016 when upon such date it shall be deemed repealed;
provided that this act shall be deemed to have been in full force and
effect on December 31, 2010; [and] provided further that this act shall
apply to all tax years commencing on or after January 1, 2011; AND
PROVIDED FURTHER THAT SECTIONS ONE AND TWO OF THIS ACT SHALL REMAIN IN
EFFECT UNTIL DECEMBER 31, 2022 WHEN UPON SUCH DATE SUCH SECTIONS SHALL
BE DEEMED REPEALED.
S 2. Paragraph (c) of subdivision 38 of section 210-B of the tax law,
as added by section 17 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(c) Application of credit. In no event shall the credit allowed under
this subdivision for any taxable year reduce the tax due for such year
to less than the amount prescribed in paragraph (d) of subdivision one
of section two hundred ten of this article. However, if the amount of
credit allowed under this subdivision for any taxable year reduces the
tax to such amount or if the taxpayer otherwise pays tax based on the
fixed dollar minimum amount, any amount of credit thus not deductible in
such taxable year shall be carried over to the following year or years,
and may be deducted from the taxpayer's tax for such year or years. THE
TAX CREDIT ALLOWED PURSUANT TO THIS SUBDIVISION SHALL NOT APPLY TO TAXA-
BLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-THREE.
S 3. This act shall take effect immediately.
PART L
Section 1. Section 2 of part I of chapter 58 of the laws of 2006,
relating to providing an enhanced earned income tax credit, as amended
by section 1 of part G of chapter 59 of the laws of 2014, is amended to
read as follows:
A. 9009--B 17
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2006 [and before January 1,
2017].
S 2. This act shall take effect immediately.
PART M
Section 1. Section 12 of part N of chapter 61 of the laws of 2005,
amending the tax law relating to certain transactions and related infor-
mation and relating to the voluntary compliance initiative, as amended
by section 1 of part B of chapter 61 of the laws of 2011, is amended to
read as follows:
S 12. This act shall take effect immediately; provided, however, that
(i) section one of this act shall apply to all disclosure statements
described in paragraph 1 of subdivision (a) of section 25 of the tax
law, as added by section one of this act, that were required to be filed
with the internal revenue service at any time with respect to "listed
transactions" as described in such paragraph 1, and shall apply to all
disclosure statements described in paragraph 1 of subdivision (a) of
section 25 of the tax law, as added by section one of this act, that
were required to be filed with the internal revenue service with respect
to "reportable transactions" as described in such paragraph 1, other
than "listed transactions", in which a taxpayer participated during any
taxable year for which the statute of limitations for assessment has not
expired as of the date this act shall take effect, and shall apply to
returns or statements described in such paragraph 1 required to be filed
by taxpayers (or persons as described in such paragraph) with the
commissioner of taxation and finance on or after the sixtieth day after
this act shall have become a law; and
(ii) sections two through four and seven through nine of this act
shall apply to any tax liability for which the statute of limitations on
assessment has not expired as of the date this act shall take effect[;
and
(iii) provided, further, that the provisions of this act, except
section five of this act, shall expire and be deemed repealed July 1,
2015; provided, that, such expiration and repeal shall not affect any
requirement imposed pursuant to this act].
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015; provided,
however that notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 25, paragraph 11 of
subsection (c) of section 683, subsections (p), (p-1), (x), (y), (z),
(aa) and (bb) of section 685, paragraph 11 of subsection (c) of section
1083, subsections (k), (k-1), (p), (q), (r), (s) and (t) of section 1085
of the tax law, and section 11 of Part N of chapter 61 of the laws of
2005, are hereby revived and shall continue in full force and effect as
such provisions existed on July 1, 2015.
PART N
Section 1. Paragraph (a) of subdivision 25 of section 210-B of the tax
law, as added by section 17 of part A of chapter 59 of the laws of 2014,
is amended to read as follows:
(a) General. A taxpayer shall be allowed a credit against the tax
imposed by this article. Such credit, to be computed as hereinafter
provided, shall be allowed for bioheat, used for space heating or hot
A. 9009--B 18
water production for residential purposes within this state purchased
before January first, two thousand [seventeen] TWENTY. Such credit shall
be $0.01 per percent of biodiesel per gallon of bioheat, not to exceed
twenty cents per gallon, purchased by such taxpayer.
S 2. Paragraph 1 of subsection (mm) of section 606 of the tax law, as
amended by chapter 193 of the laws of 2012, is amended to read as
follows:
(1) A taxpayer shall be allowed a credit against the tax imposed by
this article. Such credit, to be computed as hereinafter provided, shall
be allowed for bioheat, used for space heating or hot water production
for residential purposes within this state and purchased on or after
July first, two thousand six and before July first, two thousand seven
and on or after January first, two thousand eight and before January
first, two thousand [seventeen] TWENTY. Such credit shall be $0.01 per
percent of biodiesel per gallon of bioheat, not to exceed twenty cents
per gallon, purchased by such taxpayer.
S 3. This act shall take effect immediately.
PART O
Section 1. Section 359 of the economic development law, as amended by
section 3 of part C of chapter 68 of the laws of 2013, is amended to
read as follows:
S 359. Cap on tax credit. The total amount of tax credits listed on
certificates of tax credit issued by the commissioner for any taxable
year may not exceed the limitations set forth in this section. One-half
of any amount of tax credits not awarded for a particular taxable year
IN YEARS TWO THOUSAND ELEVEN THROUGH TWO THOUSAND TWENTY-FOUR may be
used by the commissioner to award tax credits in another taxable year.
Credit components in the aggregate With respect to taxable
shall not exceed: years beginning in:
$ 50 million 2011
$ 100 million 2012
$ 150 million 2013
$ 200 million 2014
$ 250 million 2015
$ 200 million 2016
$ 200 million 2017
$ 200 million 2018
$ 200 million 2019
$ 200 million 2020
$ 200 million 2021
$ 150 million 2022
$ 100 million 2023
$ 50 million 2024
Twenty-five percent of tax credits shall be allocated to businesses
accepted into the program under subdivision four of section three
hundred fifty-three of this article and seventy-five percent of tax
credits shall be allocated to businesses accepted into the program under
subdivision three of section three hundred fifty-three of this article.
Provided, however, if by September thirtieth of a calendar year, the
department has not allocated the full amount of credits available in
that year to either: (i) businesses accepted into the program under
A. 9009--B 19
subdivision four of section three hundred fifty-three of this article or
(ii) businesses accepted into the program under subdivision three of
section three hundred fifty-three of this article, the commissioner may
allocate any remaining tax credits to businesses referenced in [para-
graphs (i) and (ii) of this section] THIS PARAGRAPH as needed; provided,
however, that under no circumstances may the AGGREGATE statutory cap FOR
ALL PROGRAM YEARS be exceeded. ONE HUNDRED PERCENT OF THE UNAWARDED
AMOUNTS REMAINING AT THE END OF TWO THOUSAND TWENTY-FOUR MAY BE ALLO-
CATED IN SUBSEQUENT YEARS, NOTWITHSTANDING THE FIFTY PERCENT LIMITATION
ON ANY AMOUNTS OF TAX CREDITS NOT AWARDED IN TAXABLE YEARS TWO THOUSAND
ELEVEN THROUGH TWO THOUSAND TWENTY-FOUR. PROVIDED, HOWEVER, NO TAX CRED-
ITS MAY BE ALLOWED FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND THIRTY.
S 2. Subdivision 5 of section 354 of the economic development law, as
amended by section 2 of part C of chapter 68 of the laws of 2013, is
amended to read as follows:
5. A participant may claim tax benefits commencing in the first taxa-
ble year that the business enterprise receives a certificate of tax
credit or the first taxable year listed on its preliminary schedule of
benefits, whichever is later. A participant may claim such benefits for
the next nine consecutive taxable years, provided that the participant
demonstrates to the department that it continues to satisfy the eligi-
bility criteria specified in section three hundred fifty-three of this
article and subdivision two of this section in each of those taxable
years, AND PROVIDED THAT NO TAX CREDITS MAY BE ALLOWED FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY. If, in any
given year, a participant who has satisfied the eligibility criteria
specified in section three hundred fifty-three of this article realizes
job creation less than the estimated amount, the credit shall be reduced
by the proportion of actual job creation to the estimated amount,
provided the proportion is at least seventy-five percent of the jobs
estimated.
S 3. Subdivision (b) of section 31 of the tax law, as added by section
7 of part G of chapter 61 of the laws of 2011, is amended to read as
follows:
(b) To be eligible for the excelsior jobs program credit, the taxpayer
shall have been issued a "certificate of tax credit" by the department
of economic development pursuant to subdivision four of section three
hundred fifty-four of the economic development law, which certificate
shall set forth the amount of each credit component that may be claimed
for the taxable year. A taxpayer may claim such credit for ten consec-
utive taxable years commencing in the first taxable year that the
taxpayer receives a certificate of tax credit or the first taxable year
listed on its preliminary schedule of benefits, whichever is later,
PROVIDED THAT NO TAX CREDITS MAY BE ALLOWED FOR TAXABLE YEARS BEGINNING
ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY. The taxpayer shall be
allowed to claim only the amount listed on the certificate of tax credit
for that taxable year. Such certificate must be attached to the taxpay-
er's return. No cost or expense paid or incurred by the taxpayer shall
be the basis for more than one component of this credit or any other tax
credit, except as provided in section three hundred fifty-five of the
economic development law.
S 4. This act shall take effect immediately.
PART P
A. 9009--B 20
Section 1. Subdivision (c) of section 24 of the tax law, as added by
section 1 of part P of chapter 60 of the laws of 2004, is amended to
read as follows:
(c) Cross-references. For application of the credit provided for in
this section, see the following provisions of this chapter:
(1) article 9-A: section [210] 210-B: subdivision [36] 20.
(2) article 22: section 606: subsection (gg).
S 2. Subdivision (a) and paragraphs 2, 4, and 5 of subdivision (e) of
section 38 of the tax law, as added by section 1 of part EE of chapter
59 of the laws of 2013, are amended to read as follows:
(a) A taxpayer that is an eligible employer or an owner of an eligible
employer as defined in subdivision (b) of this section shall be eligible
for a credit against the tax imposed under article nine, nine-A, twen-
ty-two, [thirty-two] or thirty-three of this article, pursuant to the
provisions referenced in subdivision (e) of this section.
(2) Article 9-A: Section [210] 210-B, subdivision [46] 40.
(4) [Article 32: Section 1456, subsection (z).
(5)] Article 33: Section 1511, subdivision (cc).
S 3. Paragraph (e) of subdivision 1 of section 209 of the tax law, as
added by section 5 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(e) At the end of each year, the commissioner shall review the cumula-
tive percentage change in the consumer price index. The commissioner
shall adjust the receipt thresholds set forth in this subdivision if the
consumer price index has changed by ten percent or more since January
first, two thousand fifteen, or since the date that the thresholds were
last adjusted under this subdivision. The thresholds shall be adjusted
to reflect that cumulative percentage change in the consumer price
index. The adjusted thresholds shall be rounded to the nearest one thou-
sand dollars. As used in this paragraph, "consumer price index" means
the consumer price index for all urban consumers (CPI-U) available
[form] FROM the bureau of labor statistics of the United States depart-
ment of labor. Any adjustment shall apply to tax periods that begin
after the adjustment is made.
S 4. The opening paragraph of paragraph (a) of subdivision 5 of
section 210-A of the tax law, as amended by section 23 of part T of
chapter 59 of the laws of 2015, is amended to read as follows:
A financial instrument is a "nonqualified financial instrument" if it
is not a qualified financial instrument. A qualified financial instru-
ment means a financial instrument that is of a type described in any of
clauses (A), (B), (C), (D), (G), (H) or (I) of subparagraph two of this
paragraph and that has been marked to market in the taxable year by the
taxpayer under section 475 or section 1256 of the internal revenue code.
Further, if the taxpayer has in the taxable year marked to market a
financial instrument of the type described in any of the clauses (A),
(B), (C), (D), (G), (H) or (I) of subparagraph two of this paragraph,
then any financial instrument within that type described in the above
specified clause or clauses that has not been marked to market by the
taxpayer under section 475 or section 1256 of the internal revenue code
is a qualified financial instrument in the taxable year. Notwithstanding
the two preceding sentences, (i) a loan secured by real property shall
not be a qualified financial instrument, (ii) if the only loans that are
marked to market by the taxpayer under section 475 or section 1256 of
the internal revenue code are loans secured by real property, then no
loans shall be qualified financial instruments, [and] (iii) stock that
is investment capital as defined in paragraph (a) of subdivision five of
A. 9009--B 21
section two hundred eight of this article shall not be a qualified
financial instrument, AND (IV) STOCK THAT GENERATES OTHER EXEMPT INCOME
AS DEFINED IN SUBDIVISION SIX-A OF SECTION TWO HUNDRED EIGHT OF THIS
ARTICLE AND THAT IS NOT MARKED TO MARKET UNDER SECTION 475 OR SECTION
1256 OF THE INTERNAL REVENUE CODE SHALL NOT CONSTITUTE A QUALIFIED
FINANCIAL INSTRUMENT WITH RESPECT TO THE INCOME FROM THAT STOCK THAT IS
DESCRIBED IN SUCH SUBDIVISION SIX-A. If a corporation is included in a
combined report, the definition of qualified financial instrument shall
be determined on a combined basis.
S 5. Paragraph (c) of subdivision 7 of section 210-B of the tax law,
as added by section 17 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(c) Average number of individuals employed full-time. For the purposes
of this subdivision, average number of individuals employed full-time
shall be computed by adding the number of such individuals employed by
the taxpayer at the end of each quarter during each taxable year or
other applicable period and dividing the sum so obtained by the number
of such quarters occurring within such taxable year or other applicable
period; provided however, except that in computing base year employment,
there shall be excluded therefrom any employee with respect to whom a
credit provided for under subdivision [six of this section is] NINETEEN
OF SECTION TWO HUNDRED TEN OF THIS ARTICLE, AS SUCH SUBDIVISION WAS IN
EFFECT ON DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, WAS claimed for
the taxable year.
S 6. Paragraphs (a) and (b) of subdivision 9 of section 210-B of the
tax law, as added by section 17 of part A of chapter 59 of the laws of
2014, are amended to read as follows:
(a) Application of credit. A taxpayer shall be allowed a credit, to be
credited against the tax imposed by this article, equal to the amount of
the special additional mortgage recording tax paid by the taxpayer
pursuant to the provisions of subdivision one-a of section two hundred
fifty-three of this chapter [or] ON mortgages recorded. Provided, howev-
er, no credit shall be allowed with respect to a mortgage of real prop-
erty principally improved or to be improved by one or more structures
containing in the aggregate not more than six residential dwelling
units, each dwelling unit having its own separate cooking facilities,
where the real property is located in one or more of the counties
comprising the metropolitan commuter transportation area. Provided
further, however, no credit shall be allowed with respect to a mortgage
of real property principally improved or to be improved by one or more
structures containing in the aggregate not more than six residential
dwelling units, each dwelling unit having its own separate cooking
facilities, where the real property is located in the county of Erie.
(b) Carryover. In no event shall the credit herein provided for be
allowed in an amount which will reduce the tax payable to less than the
fixed dollar minimum amount prescribed in paragraph (d) of subdivision
one of section two hundred ten of this article. If, however, the amount
of credit allowable under this subdivision for any taxable year, includ-
ing any credit carried over from a prior taxable year, reduces the tax
to such amount or if the taxpayer otherwise pays tax based on the fixed
dollar minimum amount, any amount of credit not deductible in such taxa-
ble year may be carried over to the following year or years and may be
deducted from the taxpayer's tax for such year or years. FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, IN LIEU
OF CARRYING OVER, TO THE FOLLOWING YEAR OR YEARS, THE UNUSED PORTION OF
CREDITS ATTRIBUTABLE TO SPECIAL ADDITIONAL MORTGAGE RECORDING TAX WITH
A. 9009--B 22
RESPECT TO SUCH MORTGAGES, WHICH IS DUE AND PAID IN ANY OF SUCH TAXABLE
YEARS, THE TAXPAYER MAY ELECT TO TREAT SUCH UNUSED PORTION AS AN OVER-
PAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TEN HUNDRED EIGHTY-SIX OF THIS CHAPTER EXCEPT THAT
NO INTEREST SHALL BE PAID ON SUCH OVERPAYMENT.
S 7. Subdivision 45 of section 210-B of the tax law, as added by
section 17 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
45. Order of credits. [(a)] Credits allowable under this article which
cannot be carried over and which are not refundable shall be deducted
first. [The credit allowable under subdivision six of this section shall
be deducted immediately after the deduction of all credits allowable
under this article which cannot be carried over and which are not
refundable, whether or not a portion of such credit is refundable.]
Credits allowable under this article which can be carried over, and
carryovers of such credits, shall be deducted next [after the deduction
of the credit allowable under subdivision six of this section], and
among such credits, those whose carryover is of limited duration shall
be deducted before those whose carryover is of unlimited duration. Cred-
its allowable under this article which are refundable [(other than the
credit allowable under subdivision six of this section)] shall be
deducted last.
S 8. Paragraph (a) of subdivision 3 of section 210-C of the tax law,
as added by section 18 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(a) Subject to the provisions of paragraph (c) of subdivision two of
this section, a taxpayer may elect to treat as its combined group all
corporations that meet the ownership requirements described in paragraph
(a) of subdivision two of this section (such corporations collectively
referred to in this subdivision as the "commonly owned group"). If that
election is made, the commonly owned group shall calculate the combined
business income, combined capital, and fixed dollar minimum bases of all
members of the group in accordance with [paragraph] SUBDIVISION four of
this [subdivision] SECTION, whether or not that business income or busi-
ness capital is from a single unitary business.
S 9. Paragraph I of subdivision 1 of section 11-604 of the administra-
tive code of the city of New York, as added by chapter 491 of the laws
of 2007, is amended to read as follows:
I. Notwithstanding any provision of this subdivision to the contrary,
for taxable years beginning on or after January first, two thousand
seven for any corporation that:
(a) has a business allocation percentage for the taxable year, as
determined under paragraph (a) of subdivision three of this section, of
one hundred percent;
(b) has no investment capital or income at any time during the taxable
year;
(c) has no subsidiary capital or income at any time during the taxable
year; and
(d) has gross income, as defined in section sixty-one of the internal
revenue code, less than two hundred fifty thousand dollars for the taxa-
ble year:
the tax imposed by subdivision one of section 11-603 of this subchap-
ter shall be the greater of the tax on entire net income computed under
clause one of subparagraph (a) of paragraph E of this subdivision and
the fixed dollar minimum tax specified in clause four of subparagraph
(a) of paragraph E of this subdivision.
A. 9009--B 23
For purposes of this paragraph, FOR TAXABLE YEARS BEGINNING BEFORE
JANUARY FIRST, TWO THOUSAND FIFTEEN, any corporation for which an
election under subsection (a) of section six hundred sixty of the tax
law is not in effect for the taxable year may elect to treat as entire
net income the sum of:
(i) entire net income as determined under section two hundred eight of
the tax law; and
(ii) any deductions taken for the taxable year in computing federal
taxable income for New York city taxes paid or accrued under this chap-
ter.
S 10. Subdivision 2 of section 11-651 of the administrative code of
the city of New York, as added by section 1 of part D of chapter 60 of
the laws of 2015, is amended to read as follows:
2. Each reference in THE TAX LAW OR this code to subchapters two or
three of this chapter, or any of the provisions thereof, shall be deemed
a reference also to this subchapter, and any of the applicable
provisions thereof, where appropriate and with all necessary modifica-
tions.
S 11. Paragraph (a) of subdivision 4 of section 11-652 of the adminis-
trative code of the city of New York, as added by section 1 of part D of
chapter 60 of the laws of 2015, is amended to read as follows:
(a) The term "investment capital" means investments in stocks that:
(i) satisfy the definition of a capital asset under section 1221 of the
internal revenue code at all times the taxpayer owned such stocks during
the taxable year; (ii) are held by the taxpayer for investment for more
than one year; (iii) the dispositions of which are, or would be, treated
by the taxpayer as generating long-term capital gains or losses under
the internal revenue code; (iv) for stocks acquired on or after January
first, two thousand fifteen, at any time after the close of the day in
which they are acquired, have never been held for sale to customers in
the regular course of business; and (v) before the close of the day on
which the stock was acquired, are clearly identified in the taxpayer's
records as stock held for investment in the same manner as required
under section 1236(a)(1) of the internal revenue code for the stock of a
dealer in securities to be eligible for capital gain treatment (whether
or not the taxpayer is a dealer of securities subject to section 1236),
provided, however, that for stock acquired prior to October first, two
thousand fifteen that was not subject to section 1236(a) of the internal
revenue code, such identification in the taxpayer's records must occur
before October first, two thousand fifteen. Stock in a corporation that
is conducting a unitary business with the taxpayer, stock in a corpo-
ration that is included in a combined report with the taxpayer pursuant
to the commonly owned group election in subdivision three of section
11-654.3 of this subchapter, and stock [used] ISSUED by the taxpayer
shall not constitute investment capital. For purposes of this subdivi-
sion, if the taxpayer owns or controls, directly or indirectly, less
than twenty percent of the voting power of the stock of a corporation,
that corporation will be presumed to be conducting a business that is
not unitary with the business of the taxpayer.
S 12. Subparagraph 2 of paragraph (a) of subdivision 18 of section
11-654 of the administrative code of the city of New York, as added by
section 1 of part D of chapter 60 of the laws of 2015, is amended to
read as follows:
(2) The amount determined in this subparagraph is the product of (i)
the excess of (A) the tax computed under clause (i) of subparagraph one
of paragraph (e) of subdivision one of this section, without allowance
A. 9009--B 24
of any credits allowed by this section, over (B) the tax so computed,
determined as if the corporation had no such distributive share or guar-
anteed payments with respect to the unincorporated business, and (ii) a
fraction, the numerator of which is four and the denominator of which is
eight and eighty-five one hundredths, [provided however,] EXCEPT THAT IN
THE CASE OF A FINANCIAL CORPORATION AS DEFINED IN CLAUSE (I) OF SUBPARA-
GRAPH ONE OF PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, SUCH
DENOMINATOR IS NINE, AND in the case of a taxpayer that is subject to
paragraph (j) or (k) of subdivision one of this section, such denomina-
tor shall be the rate of tax as determined by such paragraph (j) or (k)
for the taxable year; [and,] provided[, however,] that the amounts
computed in subclauses (A) and (B) of clause (i) of this subparagraph
shall be computed with the following modifications:
(A) such amounts shall be computed without taking into account any
carryforward or carryback by the partner of a net operating loss or a
prior net operation loss conversion subtraction;
(B) if, prior to taking into account any distributive share or guaran-
teed payments from any unincorporated business or any net operating loss
carryforward or carryback, the entire net income of the partner is less
than zero, such entire net income shall be treated as zero; and
(C) if such partner's net total distributive share of income, gain,
loss and deductions of, and guaranteed payments from, any unincorporated
business is less than zero, such net total shall be treated as zero. The
amount determined in this subparagraph shall not be less than zero.
S 13. Subparagraph 1 of paragraph (b) of subdivision 18 of section
11-654 of the administrative code of the city of New York, as added by
section 1 of part D of chapter 60 of the laws of 2015, is amended to
read as follows:
(1) Notwithstanding anything to the contrary in paragraph (a) of this
subdivision, in the case of a corporation that, before the application
of this subdivision or any other credit allowed by this section, is
liable for the tax on business income under clause (i) of subparagraph
one of paragraph (e) of subdivision one of this section, the credit or
the sum of the credits that may be taken by such corporation for a taxa-
ble year under this subdivision with respect to an unincorporated busi-
ness or unincorporated businesses in which it is a partner shall not
exceed the tax so computed, without allowance of any credits allowed by
this section, multiplied by a fraction the numerator of which is four
and the denominator of which is eight and eighty-five one-hundredths
[provided, however], EXCEPT THAT IN THE CASE OF A FINANCIAL CORPORATION
AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH ONE OF PARAGRAPH (E) OF SUBDI-
VISION ONE OF THIS SECTION, SUCH DENOMINATOR IS NINE, AND in the case of
a taxpayer that is subject to paragraph (j) or (k) of subdivision one of
this section, such denominator shall be the rate of tax as determined by
such paragraph (j) or (k) for the taxable year. If the credit allowed
under this subdivision or the sum of such credits exceeds the product of
such tax and such fraction, the amount of the excess may be carried
forward, in order, to each of the seven immediately succeeding taxable
years and, to the extent not previously taken, shall be allowed as a
credit in each of such years. In applying the provisions of the preced-
ing sentence, the credit determined for the taxable year under paragraph
(a) of this subdivision shall be taken before taking any credit carry-
forward pursuant to this paragraph and the credit carryforward attribut-
able to the earliest taxable year shall be taken before taking a credit
carryforward attributable to a subsequent taxable year.
A. 9009--B 25
S 14. Subparagraph 8 of paragraph (a) of subdivision 21 of section
11-654 of the administrative code of the city of New York, as added by
section 1 of part D of chapter 60 of the laws of 2015, is amended to
read as follows:
(8) The credit allowed under this subdivision shall only be allowed
for taxable years beginning before January first, two thousand [sixteen]
NINETEEN.
S 15. Paragraph (c) of subdivision 2 of section 11-654.2 of the admin-
istrative code of the city of New York, as added by section 1 of part D
of chapter 60 of the laws of 2015, is amended to read as follows:
(c) Receipts from sales of tangible personal property and electricity
that are traded as commodities as the term "commodity" is defined in
section four hundred seventy-five of the internal revenue code, shall be
included in the receipts fraction in accordance with clause [(i)] (IX)
of subparagraph two of paragraph (a) of subdivision five of this
section.
S 16. The opening paragraph of paragraph (a) of subdivision 5 of
section 11-654.2 of the administrative code of the city of New York, as
added by section 1 of part D of chapter 60 of the laws of 2015, is
amended to read as follows:
A financial instrument is a "nonqualified financial instrument" if it
is not a qualified financial instrument. A qualified financial instru-
ment means a financial instrument that is of a type described in any of
clause (i), (ii), (iii), (iv), (vii), (viii) or (ix) of subparagraph two
of this paragraph and that has been marked to market in the taxable year
by the taxpayer under section 475 or section 1256 of the internal reven-
ue code. Further, if the taxpayer has in the taxable year marked to
market a financial instrument of the type described in any of clause
(i), (ii), (iii), (iv), (vii), (viii) or (ix) of subparagraph two of
this paragraph, then any financial instrument within that type described
in the above specified clause or clauses that has not been marked to
market by the taxpayer under section 475 or section 1256 of the internal
revenue code is a qualified financial instrument in the taxable year.
Notwithstanding the two preceding sentences, (i) a loan secured by real
property shall not be a qualified financial instrument, (ii) if the only
loans that are marked to market by the taxpayer under section 475 or
section 1256 of the internal revenue code are loans secured by real
property, then no loans shall be qualified financial instruments, [and]
(iii) stock that is investment capital as defined in paragraph (a) of
subdivision [4] FOUR of section 11-652 of this subchapter shall not be a
qualified financial instrument, AND (IV) STOCK THAT GENERATES OTHER
EXEMPT INCOME AS DEFINED IN SUBDIVISION FIVE-A OF SECTION 11-652 OF THIS
SUBCHAPTER AND THAT IS NOT MARKED TO MARKET UNDER SECTION 475 OR SECTION
1256 OF THE INTERNAL REVENUE CODE SHALL NOT CONSTITUTE A QUALIFIED
FINANCIAL INSTRUMENT WITH RESPECT TO THE INCOME FROM THAT STOCK THAT IS
DESCRIBED IN SUCH SUBDIVISION FIVE-A. If a corporation is included in a
combined report, the definition of qualified financial instrument shall
be determined on a combined basis.
S 17. This act shall take effect immediately; provided however that
sections one, two, three, four, five, six, seven and eight of this act
shall be deemed to have been in full force and effect on the same date
and in the same manner as part A of chapter 59 of the laws of 2014, took
effect, and sections nine, ten, eleven, twelve, thirteen, fourteen,
fifteen and sixteen of this act shall be deemed to have been in full
force and effect on the same date and in the same manner as part D of
chapter 60 of the laws of 2015, took effect.
A. 9009--B 26
PART Q
Section 1. Subdivision 5 of section 183-a of the tax law, as amended
by section 61 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
5. The report covering the tax surcharge which must be calculated
pursuant to this section based upon the tax reportable on the report due
by March fifteenth of any year under section one hundred eighty-three of
this article, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
THOUSAND SIXTEEN, AND ON THE REPORT DUE BY APRIL FIFTEENTH OF ANY YEAR
UNDER SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE, FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, shall
be filed on or before March fifteenth of the year next succeeding such
year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, AND ON OR BEFORE APRIL FIFTEENTH OF THE YEAR NEXT SUCCEEDING
SUCH YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND SIXTEEN. An extension pursuant to section one hundred ninety-
three of this article shall be allowed only if a taxpayer files with the
commissioner an application for extension in such form as said commis-
sioner may prescribe by regulation and pays on or before the date of
such filing in addition to any other amounts required under this arti-
cle, either ninety percent of the entire tax surcharge required to be
paid under this section for the applicable period, or not less than the
tax surcharge shown on the taxpayer's report for the preceding year, if
such preceding year consisted of twelve months. The tax surcharge
imposed by this section shall be payable to the commissioner in full at
the time the report is required to be filed, and such tax surcharge or
the balance thereof, imposed on any taxpayer which ceases to exercise
its franchise or be subject to the tax surcharge imposed by this section
shall be payable to the commissioner at the time the report is required
to be filed, provided such tax surcharge of a domestic corporation which
continues to possess its franchise shall be subject to adjustment as the
circumstances may require; all other tax surcharges of any such taxpay-
er, which pursuant to the foregoing provisions of this section would
otherwise be payable subsequent to the time such report is required to
be filed, shall nevertheless be payable at such time. All of the
provisions of this article presently applicable to section one hundred
eighty-three of this article are applicable to the tax surcharge imposed
by this section except for section one hundred ninety-two of this arti-
cle.
S 2. Subdivision 4 of section 186-a of the tax law, as amended by
chapter 536 of the laws of 1998, is amended to read as follows:
4. Every utility subject to tax hereunder shall file, on or before
March fifteenth of each year, a return for the year ended on the preced-
ing December thirty-first, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY
FIRST, TWO THOUSAND SIXTEEN, except that the year ended on December
thirty-first, nineteen hundred seventy-six shall be deemed, for the
purposes of this subdivision, to have commenced on June first, nineteen
hundred seventy-six, AND SHALL FILE, ON OR BEFORE APRIL FIFTEENTH OF
EACH YEAR, A RETURN FOR THE YEAR ENDED ON THE PRECEDING DECEMBER THIR-
TY-FIRST, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND SIXTEEN, including any period for which the tax imposed hereby
or by any amendment hereof is effective, each of which returns shall
state the gross income or gross operating income for the period covered
by each such return. Returns shall be filed with the commissioner of
taxation and finance on a form to be furnished by the commissioner for
A. 9009--B 27
such purpose and shall contain such other data, information or matter as
the commissioner may require to be included therein. Notwithstanding the
foregoing provisions of this subdivision, the commissioner may require
any utility to file an annual return, which shall contain any data spec-
ified by the commissioner, regardless of whether the utility is subject
to tax under this section; and the commissioner may require a landlord
selling to a tenant gas, electric, steam, water or refrigeration or
furnishing gas, electric, steam, water or refrigerator service, where
the same has been subjected to tax under this section on the sale to
such landlord, to file, on or before the fifteenth day of March of each
year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, AND ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR, FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
an information return for the year ended on the preceding December thir-
ty-first, covering such year in such form and containing such data as
the commissioner may specify. Every return shall have annexed thereto a
certification by the head of the utility making the same, or of the
owner or of a co-partner thereof, or of a principal officer of the
corporation, if such business be conducted by a corporation, to the
effect that the statements contained therein are true.
S 3. Subdivision 6 of section 186-e of the tax law, as added by chap-
ter 2 of the laws of 1995, is amended to read as follows:
6. Returns. Every provider of telecommunication services subject to
tax under this section shall file, on or before March fifteenth of each
year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, AND ON OR BEFORE APRIL FIFTEENTH OF EACH YEAR, FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, a
return for the year ended on the preceding December thirty-first, and
pay the tax due, which return shall state the gross receipts for the
period covered by each such return and the resale exclusions during such
period. Returns shall be filed with the commissioner on a form to be
furnished by the commissioner for such purpose and shall contain such
other data, information or matter as the commissioner may require to be
included therein. Notwithstanding the foregoing provisions of this
subdivision, the commissioner may require any provider of telecommuni-
cation services to file an annual return, which shall contain any data
specified by the commissioner, regardless of whether such provider is
subject to tax under this section. Every return shall have annexed ther-
eto a certification by the head of the provider of telecommunication
services making the same, or of the owner or of a partner or member
thereof, or of a principal officer of the corporation, if such business
be conducted by a corporation, to the effect that the statements
contained therein are true.
S 4. Subdivision 1 of section 192 of the tax law, as amended by chap-
ter 96 of the laws of 1976, is amended to read as follows:
1. Corporations paying franchise tax. Every corporation, association
or joint-stock company liable to pay a tax under section one hundred
eighty-three or one hundred eighty-five of this chapter shall, on or
before March fifteenth in each year, FOR TAXABLE YEARS BEGINNING BEFORE
JANUARY FIRST, TWO THOUSAND SIXTEEN, AND ON OR BEFORE APRIL FIFTEENTH IN
EACH YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND SIXTEEN, make a written report to the [tax commission] COMMIS-
SIONER of its condition at the close of its business on the preceding
December thirty-first, stating the amount of its authorized capital
stock, the amount of stock paid in, the date and rate per centum of each
dividend paid by it during the year ending with such day, the entire
A. 9009--B 28
amount of the capital of such corporation, and the capital employed by
it in this state during such year.
S 5. Subdivision 1 of section 192 of the tax law, as amended by
section 26 of part S of chapter 59 of the laws of 2014, is amended to
read as follows:
1. Corporations paying franchise tax. Every corporation, association
or joint-stock company liable to pay a tax under section one hundred
eighty-three of this chapter shall, on or before March fifteenth in each
year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, AND ON OR BEFORE APRIL FIFTEENTH IN EACH YEAR, FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, make a
written report to the [tax commission] COMMISSIONER of its condition at
the close of its business on the preceding December thirty-first, stat-
ing the amount of its authorized capital stock, the amount of stock paid
in, the date and rate per centum of each dividend paid by it during the
year ending with such day, the entire amount of the capital of such
corporation, and the capital employed by it in this state during such
year.
S 6. Subdivision 2 of section 192 of the tax law, as amended by chap-
ter 96 of the laws of 1976, is amended to read as follows:
2. Transportation and transmission corporations. Every transportation
or transmission corporation, joint-stock company or association liable
to pay an additional franchise tax under section one hundred eighty-four
of this chapter, shall also, on or before March fifteenth of each year,
make a written report to the [tax commission] COMMISSIONER of the amount
of its gross earnings subject to the tax imposed by said section for the
year ended on the preceding December thirty-first, FOR TAXABLE YEARS
BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, except that the
year ended on December thirty-first, nineteen hundred seventy-six shall
be deemed, for the purposes of this subdivision, to have commenced on
July first, nineteen hundred seventy-six, AND SHALL ALSO, ON OR BEFORE
APRIL FIFTEENTH OF EACH YEAR, MAKE A WRITTEN REPORT TO THE COMMISSIONER
OF THE AMOUNT OF ITS GROSS EARNINGS SUBJECT TO THE TAX IMPOSED BY SAID
SECTION FOR THE YEAR ENDED ON THE PRECEDING DECEMBER THIRTY-FIRST, FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
Any such corporation, joint-stock company or association which ceases to
be subject to the tax imposed by section one hundred eighty-four of this
chapter by reason of a liquidation, dissolution, merger or consolidation
with any other corporation, or any other cause, shall, on the date of
such cessation or at such other time as the [tax commission] COMMISSION-
ER may require, make a written report to the [tax commission] COMMIS-
SIONER of the amount of its gross earnings subject to the tax imposed by
section one hundred eighty-four of this chapter for any period for which
no report was theretofore filed. Any corporation, joint-stock company or
association subject to a tax upon dividends under said section one
hundred eighty-four of this chapter shall also include in its report
under this subdivision required to be filed a statement of the author-
ized capital of the company, the amount of capital stock issued, and the
amount of dividends of every nature paid during the year ended on the
preceding December thirty-first. As to tax payers subject to such tax
upon dividends under said section one hundred eighty-four of this chap-
ter, the year ended on December thirty-first, nineteen hundred seventy-
six shall be deemed, for the purposes of this subdivision, to have
commenced on July first, nineteen hundred seventy-six.
A. 9009--B 29
S 7. Paragraph (a) of subdivision 1 of section 197-b of the tax law,
as amended by section 1 of part G-1 of chapter 57 of the laws of 2009,
is amended to read as follows:
(a) For taxable years beginning on or after January first, nineteen
hundred seventy-seven, every taxpayer subject to tax under section one
hundred eighty-two, one hundred eighty-two-a, former section one hundred
eighty-two-b, one hundred eighty-four, one hundred eighty-six-a or one
hundred eighty-six-e of this article, must pay in each year an amount
equal to (i) twenty-five percent of the tax imposed under each of such
sections for the preceding taxable year if the preceding year's tax
exceeded one thousand dollars but was equal to or less than one hundred
thousand dollars, or (ii) forty percent of the tax imposed under any of
these sections for the preceding taxable year if the preceding year's
tax exceeded one hundred thousand dollars. If the preceding year's tax
under section one hundred eighty-four, one hundred eighty-six-a or one
hundred eighty-six-e of this article exceeded one thousand dollars and
the taxpayer is subject to the tax surcharge imposed by section one
hundred eighty-four-a or one hundred eighty-six-c of this article,
respectively, the taxpayer must also pay in each such year an amount
equal to (i) twenty-five percent of the tax surcharge imposed under such
section for the preceding taxable year if the preceding year's tax
exceeded one thousand dollars but was equal to or less than one hundred
thousand dollars, or (ii) forty percent of the tax surcharge imposed
under that section for the preceding taxable year if the preceding
year's tax exceeded one hundred thousand dollars. The amount or amounts
must be paid with the return or report required to be filed with respect
to the tax or tax surcharge for the preceding taxable year or with an
application for extension of the time for filing the return or report,
FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN,
AND MUST BE PAID ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH
FOLLOWING THE CLOSE OF THE TAXABLE YEAR, FOR TAXABLE YEARS BEGINNING ON
OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
S 8. Paragraph (a) of subdivision 1 of section 209 of the tax law, as
amended by section 5 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
(a) For the privilege of exercising its corporate franchise, or of
doing business, or of employing capital, or of owning or leasing proper-
ty in this state in a corporate or organized capacity, or of maintaining
an office in this state, or of deriving receipts from activity in this
state, for all or any part of each of its fiscal or calendar years,
every domestic or foreign corporation, except corporations specified in
subdivision four of this section, shall annually pay a franchise tax,
upon the basis of its business income base, or upon such other basis as
may be applicable as hereinafter provided, for such fiscal or calendar
year or part thereof, on a report which shall be filed, except as here-
inafter provided, on or before the fifteenth day of March next succeed-
ing the close of each such year, FOR TAXABLE YEARS BEGINNING BEFORE
JANUARY FIRST, TWO THOUSAND SIXTEEN, AND ON OR BEFORE THE FIFTEENTH DAY
OF APRIL NEXT SUCCEEDING THE CLOSE OF EACH SUCH YEAR, FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, or, in the
case of a corporation which reports on the basis of a fiscal year, with-
in two and one-half months after the close of such fiscal year, FOR
TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND
ON OR BEFORE THE FIFTEENTH DAY OF THE FOURTH MONTH AFTER THE CLOSE OF
SUCH FISCAL YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,
TWO THOUSAND SIXTEEN, and shall be paid as hereinafter provided.
A. 9009--B 30
S 9. Subdivision 1 of section 211 of the tax law, as amended by chap-
ter 436 of the laws of 1974, the opening paragraph as amended by chapter
190 of the laws of 1990 and the second undesignated paragraph as amended
by chapter 542 of the laws of 1985, is amended to read as follows:
1. Every taxpayer[, as well as every foreign corporation having an
employee, including any officer, within the state,] shall annually on or
before March fifteenth, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY
FIRST, TWO THOUSAND SIXTEEN, AND ANNUALLY ON OR BEFORE APRIL FIFTEENTH,
FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN, transmit to the [tax commission] COMMISSIONER a report in a
form prescribed by [it] THE COMMISSIONER (except that a corporation
which reports on the basis of a fiscal year shall transmit its report
within two and one-half months after the close of its fiscal year, FOR
TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND
ON OR BEFORE THE FIFTEENTH DAY OF THE FOURTH MONTH AFTER THE CLOSE OF
ITS FISCAL YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,
TWO THOUSAND SIXTEEN, and except, also, that a corporation which is a
DISC shall transmit its report on or before the fifteenth day of the
ninth month following the close of its calendar or fiscal year), setting
forth such information as the [tax commission] COMMISSIONER may
prescribe and every taxpayer which ceases to exercise its franchise or
to be subject to the tax imposed by this article shall transmit to the
[tax commission] COMMISSIONER a report on the date of such cessation or
at such other time as the [tax commission] COMMISSIONER may require
covering each year or period for which no report was theretofore filed.
In the case of a termination year of an S corporation, the S short year
and the C short year shall be treated as separate short taxable years,
provided, however, the due date of the report for the S short year shall
be the same as the due date of the report for the C short year. Every
taxpayer shall also transmit such other reports and such facts and
information as the [tax commission] COMMISSIONER may require in the
administration of this article. The [tax commission] COMMISSIONER may
grant a reasonable extension of time for filing reports whenever good
cause exists.
An automatic extension of six months for the filing of its annual
report shall be allowed any taxpayer if, within the time prescribed by
the preceding paragraph, such taxpayer files with the [tax commission]
COMMISSIONER an application for extension in such form as [said commis-
sion] THE COMMISSIONER may prescribe by regulation and pays on or before
the date of such filing the amount properly estimated as its tax.
S 10. Subdivision (a) of section 213-b of the tax law, as amended by
section 2 of part G-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
(a) First installments for certain taxpayers.--In privilege periods of
twelve months ending at any time during the calendar year nineteen
hundred seventy and thereafter, every taxpayer subject to the tax
imposed by section two hundred nine of this chapter must pay with the
report required to be filed for the preceding privilege period, or with
an application for extension of the time for filing the report, FOR
TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND
MUST PAY ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH OF SUCH PRIV-
ILEGE PERIODS, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,
TWO THOUSAND SIXTEEN, an amount equal to (i) twenty-five percent of the
preceding year's tax if the preceding year's tax exceeded one thousand
dollars but was equal to or less than one hundred thousand dollars, or
(ii) forty percent of the preceding year's tax if the preceding year's
A. 9009--B 31
tax exceeded one hundred thousand dollars. If the preceding year's tax
under section two hundred nine of this chapter exceeded one thousand
dollars and the taxpayer is subject to the tax surcharge imposed by
section two hundred nine-B of this chapter, the taxpayer must also pay
with the tax surcharge report required to be filed for the preceding
privilege period, or with an application for extension of the time for
filing the report, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
THOUSAND SIXTEEN, AND MUST PAY ON OR BEFORE THE FIFTEENTH DAY OF THE
THIRD MONTH OF SUCH PRIVILEGE PERIODS, FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, an amount equal to (i) twen-
ty-five percent of the tax surcharge imposed for the preceding year if
the preceding year's tax was equal to or less than one hundred thousand
dollars, or (ii) forty percent of the tax surcharge imposed for the
preceding year if the preceding year's tax exceeded one hundred thousand
dollars.
S 11. Subdivision (f) of section 213-b of the tax law, as amended by
chapter 613 of the laws of 1976, is amended to read as follows:
(f) The preceding year's tax defined.-- As used in this section, "the
preceding year's tax" means the tax imposed upon the taxpayer by section
two hundred nine of this chapter for the preceding calendar or fiscal
year, or, for purposes of computing the first installment of estimated
tax when EITHER THE MANDATORY FIRST INSTALLMENT IS PAID PURSUANT TO
SUBDIVISION (A) OF THIS SECTION OR an application has been filed for
extension of the time for filing the report required to be filed for
such preceding calendar or fiscal year, the amount properly estimated
pursuant to section two hundred thirteen of this chapter as the tax
imposed upon the taxpayer for such calendar or fiscal year.
S 12. Paragraph 1 of subsection (c) of section 658 of the tax law, as
amended by chapter 760 of the laws of 1992, is amended to read as
follows:
(1) Partnerships. Every partnership having a resident partner or
having any income derived from New York sources, determined in accord-
ance with the applicable rules of section six hundred thirty-one as in
the case of a nonresident individual, shall make a return for the taxa-
ble year setting forth all items of income, gain, loss and deduction and
such other pertinent information as the commissioner may by regulations
and instructions prescribe. Such return shall be filed on or before the
fifteenth day of the fourth month following the close of each taxable
year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN, AND ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING
THE CLOSE OF EACH TAXABLE YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN, except that the due date for the
return of a partnership consisting entirely of nonresident aliens shall
be the date prescribed for the filing of its federal partnership return
for the taxable year. For purposes of this paragraph, "taxable year"
means a year or a period which would be a taxable year of the partner-
ship if it were subject to tax under this article.
S 13. Subparagraph (A) of paragraph 3 of subsection (c) of section 658
of the tax law, as amended by section 18 of part U of chapter 61 of the
laws of 2011, is amended to read as follows:
(A) Every subchapter K limited liability company, every limited
liability company that is a disregarded entity for federal income tax
purposes, and every partnership which has any income derived from New
York sources, determined in accordance with the applicable rules of
section six hundred thirty-one of this article as in the case of a
nonresident individual, shall[, within sixty days after the last day of
A. 9009--B 32
the taxable year,] ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH
FOLLOWING THE CLOSE OF EACH TAXABLE YEAR make a payment of a filing fee.
The amount of the filing fee is the amount set forth in subparagraph (B)
of this paragraph. The minimum filing fee is twenty-five dollars for
taxable years beginning in two thousand eight and thereafter. Limited
liability companies that are disregarded entities for federal income tax
purposes must pay a filing fee of twenty-five dollars for taxable years
beginning on or after January first, two thousand eight.
S 14. Subsection (i) of section 1087 of the tax law, as added by chap-
ter 188 of the laws of 1964, is amended to read as follows:
(i) Prepaid tax.--For purposes of this section, any tax paid by the
taxpayer before the last day prescribed for its payment (including any
amount paid by the taxpayer as estimated tax for a taxable year) shall
be deemed to have been paid by it on the fifteenth day of the third
month following the close of the taxable year the income of which is the
basis for tax under article nine-a, [nine-b or nine-c,] or on the last
day prescribed in article nine for the filing of a final return for such
taxable year, or portion thereof, determined in all cases without regard
to any extension of time granted the taxpayer, FOR TAXABLE YEARS BEGIN-
NING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND ON THE FIFTEENTH
DAY OF THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR THE
INCOME OF WHICH IS THE BASIS FOR TAX UNDER ARTICLE NINE-A, OR ON THE
LAST DAY PRESCRIBED IN ARTICLE NINE FOR THE FILING OF A FINAL RETURN FOR
SUCH TAXABLE YEAR, OR PORTION THEREOF, DETERMINED IN ALL CASES WITHOUT
REGARD TO ANY EXTENSION OF TIME GRANTED THE TAXPAYER, FOR TAXABLE YEARS
BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
S 15. Paragraph 3 of subdivision (a) of section 1514 of the tax law,
as amended by section 89 of part A of chapter 389 of the laws of 1997,
is amended to read as follows:
(3) Such amount or amounts described in paragraphs one and two of this
subdivision shall be paid with the return required to be filed with
respect to such tax or tax surcharge for such preceding taxable year or
with an application for extension of the time for filing such return,
FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN,
AND SHALL BE PAID ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH OF
EACH TAXABLE YEAR, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND SIXTEEN.
S 16. Subdivision (f) of section 1514 of the tax law, as amended by
section 26 of part H3 of chapter 62 of the laws of 2003, is amended to
read as follows:
(f) The preceding year's tax defined. As used in this section, "the
preceding year's tax" means, for taxpayers subject to tax under subdivi-
sion (b) of section fifteen hundred ten of this article, the taxes
imposed upon the taxpayer by sections fifteen hundred one and fifteen
hundred ten of this article from the preceding taxable year or as other-
wise determined by subdivision (b) of section fifteen hundred five of
this article, and for taxpayers subject to tax under section fifteen
hundred two-a of this article, the tax imposed upon the taxpayer by such
section fifteen hundred two-a of this article from the preceding year,
or for purposes of computing the first installment of estimated tax when
EITHER THE MANDATORY FIRST INSTALLMENT IS PAID PURSUANT TO SUBDIVISION
(A) OF THIS SECTION OR an application has been filed for extension of
the time for filing the return required to be filed for such preceding
taxable year, the amount properly estimated pursuant to paragraph one of
subdivision (b) of section fifteen hundred sixteen of this article as
the tax imposed upon the taxpayer for such taxable year.
A. 9009--B 33
S 17. Subdivision (a) of section 1515 of the tax law, as added by
chapter 649 of the laws of 1974 and as further amended by section 104 of
part A of chapter 62 of the laws of 2011, is amended to read as follows:
(a) Every taxpayer and every other foreign and alien insurance corpo-
ration having an employee, including any officer, in this state or
having an agent or representative in this state, shall annually, on or
before the fifteenth day of the third month following the close of its
taxable year, FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO
THOUSAND SIXTEEN, AND ON OR BEFORE THE FIFTEENTH DAY OF THE FOURTH MONTH
FOLLOWING THE CLOSE OF ITS TAXABLE YEAR, FOR TAXABLE YEARS BEGINNING ON
OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, transmit to the [tax
commission] COMMISSIONER a return in a form prescribed by [it] THE
COMMISSIONER setting forth such information as the [tax commission]
COMMISSIONER may prescribe and every taxpayer which ceases to exercise
its franchise or to be subject to the tax imposed by this article shall
transmit to the [tax commission] COMMISSIONER a return on the date of
such cessation or at such other time as the [tax commission] COMMISSION-
ER may require covering each year or period for which no return was
theretofore filed. A copy of each return required under this subdivision
shall also be transmitted to the superintendent of financial services at
or before the times specified for filing such returns with the [tax
commission] COMMISSIONER.
S 18. Subdivisions (a) and (b) of section 11-514 of the administrative
code of the city of New York, subdivision (a) as amended by chapter 183
of the laws of 2009, are 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] 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
estimated tax, shall be paid, ON OR BEFORE THE FIFTEENTH DAY OF THE
FOURTH MONTH FOLLOWING THE CLOSE OF A TAXABLE YEAR FOR TAXABLE YEARS
BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND ON OR BEFORE
THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF A TAXABLE
YEAR FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN:
(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;
(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
A. 9009--B 34
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.
(b) Decedents. The return for any deceased individual shall be made
and filed by his or her executor, administrator, or other person charged
with his or her property. If a final return of a decedent is for a frac-
tional part of a year, the due date of such return shall be, FOR TAXABLE
YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, the
fifteenth day of the fourth month following the close of the twelve-
month period [which] THAT began with the first day of such fractional
part of the year, AND, FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
FIRST, TWO THOUSAND SIXTEEN, THE FIFTEENTH DAY OF THE THIRD MONTH
FOLLOWING THE CLOSE OF THE TWELVE-MONTH PERIOD THAT BEGAN WITH THE FIRST
DAY OF SUCH FRACTIONAL PART OF THE YEAR.
S 19. Subdivision (i) of section 11-527 of the administrative code of
the city of New York is amended to read as follows:
(i) Prepaid tax. For purposes of this section, any tax paid by the
taxpayer before the last day prescribed for its payment and any amount
paid by the taxpayer as estimated tax for a taxable year shall be deemed
to have been paid by the taxpayer, FOR TAXABLE YEARS BEGINNING BEFORE
JANUARY FIRST, TWO THOUSAND SIXTEEN, on the fifteenth day of the fourth
month following the close of his or her taxable year with respect to
which such amount constitutes a credit or payment, AND, FOR TAXABLE
YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, ON THE
FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF HIS OR HER TAXA-
BLE YEAR WITH RESPECT TO WHICH SUCH AMOUNT CONSTITUTES A CREDIT OR
PAYMENT.
S 20. Paragraph (a) of subdivision 1 of section 11-653 of the adminis-
trative code of the city of New York, as added by section 1 of part D of
chapter 60 of the laws of 2015, is amended to read as follows:
(a) For the privilege of doing business, or of employing capital, or
of owning or leasing property in the city in a corporate or organized
capacity, or of maintaining an office in the city, for all or any part
of each of its fiscal or calendar years, every domestic or foreign
corporation, except corporations specified in subdivision four of this
section, shall annually pay a tax, upon the basis of its business
income, or upon such other basis as may be applicable as hereinafter
provided, for such fiscal or calendar year or part thereof, on a report
[which] THAT shall be filed, except as hereinafter provided, FOR TAXABLE
YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, on or before
the fifteenth day of March next succeeding the close of each such CALEN-
DAR year, or, in the case of a taxpayer [which] THAT reports on the
basis of a fiscal year, within two and one-half months after the close
of EACH such fiscal year, AND FOR TAXABLE YEARS BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN, ON OR BEFORE THE FIFTEENTH DAY OF
APRIL NEXT SUCCEEDING THE CLOSE OF EACH SUCH CALENDAR YEAR, OR, IN THE
CASE OF A TAXPAYER THAT REPORTS ON THE BASIS OF A FISCAL YEAR, WITHIN
THREE AND ONE-HALF MONTHS AFTER THE CLOSE OF EACH SUCH FISCAL YEAR, and
shall be paid as hereinafter provided.
S 21. Subdivision 1 of section 11-655 of the administrative code of
the city of New York, as added by section 1 of part D of chapter 60 of
the laws of 2015, is amended to read as follows:
1. Every corporation having an officer, agent or representative within
the city, shall, annually on or before March fifteenth FOR TAXABLE YEARS
BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, AND ANNUALLY ON OR
BEFORE APRIL FIFTEENTH FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY
A. 9009--B 35
FIRST, TWO THOUSAND SIXTEEN, transmit to the commissioner of finance a
report, in a form prescribed by the commissioner of finance [(except
that a corporation which reports on the basis of a fiscal year shall
transmit its report within two and one-half months after the close of
its fiscal year)], setting forth such information as the commissioner of
finance may prescribe, [and every] EXCEPT THAT A CORPORATION THAT
REPORTS ON THE BASIS OF A FISCAL YEAR SHALL TRANSMIT SUCH REPORT, FOR
TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN,
WITHIN TWO AND ONE-HALF MONTHS AFTER THE CLOSE OF ITS FISCAL YEAR, AND,
FOR TAXABLE YEARS BEGINNING AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
WITHIN THREE AND ONE-HALF MONTHS AFTER THE CLOSE OF ITS FISCAL YEAR.
EVERY taxpayer [which] THAT ceases to do business in the city or to be
subject to the tax imposed by this subchapter shall transmit to the
commissioner of finance a report on the date of such cessation or at
such other time as the commissioner of finance may require covering each
year or period for which no report was theretofore filed. Every taxpayer
shall also transmit such other reports and such facts and information as
the commissioner of finance may require in the administration of this
subchapter. The commissioner of finance may grant a reasonable extension
of time for filing reports whenever good cause exists.
An automatic extension of six months for the filing of its annual
report shall be allowed any taxpayer if, within the time prescribed by
the preceding paragraph, whichever is applicable, such taxpayer files
with the commissioner of finance an application for extension in such
form as the commissioner of finance may prescribe by regulation and pays
on or before the date of such filing the amount properly estimated as
its tax.
S 22. Subdivision 1 of section 11-658 of the administrative code of
the city of New York, as added by section 1 of part D of chapter 60 of
the laws of 2015, is amended to read as follows:
1. [Every] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOU-
SAND SIXTEEN, EVERY taxpayer subject to the tax imposed by section
11-653 of this subchapter shall pay with the report required to be filed
for the preceding privilege period, if any, or with an application for
extension of the time and filing such report, an amount equal to twen-
ty-five per centum of the preceding year's tax if such preceding year's
tax exceeded one thousand dollars. FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, SUCH AMOUNT SHALL BE PAID ON
OR BEFORE THE FIFTEENTH DAY OF MARCH NEXT SUCCEEDING THE CLOSE OF EACH
SUCH CALENDAR YEAR, OR, IN THE CASE OF A TAXPAYER THAT REPORTS ON THE
BASIS OF A FISCAL YEAR, WITHIN TWO AND ONE-HALF MONTHS AFTER THE CLOSE
OF EACH SUCH FISCAL YEAR.
S 23. Subdivision 6 of section 11-658 of the administrative code of
the city of New York, as added by section 1 of part D of chapter 60 of
the laws of 2015, is amended to read as follows:
6. As used in this section, "the preceding year's tax" means the tax
imposed upon the taxpayer by section 11-653 of this subchapter for the
preceding calendar or fiscal year, or, for purposes of computing the
first installment of estimated tax when EITHER THE MANDATORY FIRST
INSTALLMENT IS PAID PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR an
application has been filed for extension of the time for filing the
report required to be filed for such preceding calendar or fiscal year,
the amount properly estimated pursuant to section 11-657 of this
subchapter as the tax imposed upon the taxpayer for such calendar or
fiscal year.
A. 9009--B 36
S 24. This act shall take effect immediately provided, however, that
section five of this act shall take effect on the same date and in the
same manner as section 26 of part S of chapter 59 of the laws of 2014,
takes effect, and that section five of this act shall apply to taxable
years beginning on or after January 1, 2018 and that section thirteen of
this act shall apply to taxable years beginning on or after January 1,
2016.
PART R
Section 1. Subparagraph (iv) of paragraph (a) of subdivision 1 of
section 210 of the tax law, as amended by section 12 of part A of chap-
ter 59 of the laws of 2014, is amended to read as follows:
(iv) (A) for taxable years beginning before January first, two thou-
sand sixteen, if the business income base is not more than two hundred
ninety thousand dollars the amount shall be six and one-half percent of
the business income base; if the business income base is more than two
hundred ninety thousand dollars but not over three hundred ninety thou-
sand dollars the amount shall be the sum of (1) eighteen thousand eight
hundred fifty dollars, (2) seven and one-tenth percent of the excess of
the business income base over two hundred ninety thousand dollars but
not over three hundred ninety thousand dollars and (3) four and thirty-
five hundredths percent of the excess of the business income base over
three hundred fifty thousand dollars but not over three hundred ninety
thousand dollars;
(B) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND SEVENTEEN, IF THE BUSINESS INCOME BASE IS NOT MORE THAN TWO HUNDRED
NINETY THOUSAND DOLLARS THE AMOUNT SHALL BE FOUR PERCENT OF THE BUSINESS
INCOME BASE; IF THE BUSINESS INCOME BASE IS MORE THAN TWO HUNDRED NINETY
THOUSAND DOLLARS BUT NOT OVER THREE HUNDRED NINETY THOUSAND DOLLARS THE
AMOUNT SHALL BE THE SUM OF (1) ELEVEN THOUSAND SIX HUNDRED DOLLARS, (2)
SIX AND ONE-HALF PERCENT OF THE EXCESS OF THE BUSINESS INCOME BASE OVER
TWO HUNDRED NINETY THOUSAND DOLLARS BUT NOT OVER THREE HUNDRED NINETY
THOUSAND DOLLARS AND (3) EIGHTEEN AND THIRTEEN HUNDREDTHS PERCENT OF THE
EXCESS OF THE BUSINESS INCOME BASE OVER THREE HUNDRED FIFTY THOUSAND
DOLLARS BUT NOT OVER THREE HUNDRED NINETY THOUSAND DOLLARS;
S 2. Paragraph 39 of subsection (c) of section 612 of the tax law, as
added by section 1 of part Y of chapter 59 of the laws of 2013, is
amended to read as follows:
(39) (A) In the case of a taxpayer who is a small business OR A
TAXPAYER WHO IS A MEMBER, PARTNER, OR SHAREHOLDER OF A LIMITED LIABILITY
COMPANY, PARTNERSHIP, OR NEW YORK S CORPORATION, RESPECTIVELY, THAT IS A
SMALL BUSINESS, who OR WHICH has business income and/or farm income as
defined in the laws of the United States, an amount equal to [three]
FIFTEEN percent of the net items of income, gain, loss and deduction
attributable to such business or farm entering into federal adjusted
gross income, but not less than zero[, for taxable years beginning after
two thousand thirteen, an amount equal to three and three-quarters
percent of the net items of income, gain, loss and deduction attribut-
able to such business or farm entering into federal adjusted gross
income, but not less than zero, for taxable years beginning after two
thousand fourteen, and an amount equal to five percent of the net items
of income, gain, loss and deduction attributable to such business or
farm entering into federal adjusted gross income, but not less than
zero, for taxable years beginning after two thousand fifteen].
A. 9009--B 37
(B) (I) For the purposes of this paragraph, the term small business
shall mean: (I) a sole proprietor [or a farm business] who employs one
or more persons during the taxable year and who has net business income
or net farm income of less than two hundred fifty thousand dollars, OR
(II) A LIMITED LIABILITY COMPANY, PARTNERSHIP OR NEW YORK S CORPORATION
THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS NEW
YORK GROSS BUSINESS INCOME ATTRIBUTABLE TO A NON-FARM BUSINESS THAT IS
GREATER THAN ZERO BUT LESS THAN ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS OR NET FARM INCOME ATTRIBUTABLE TO A FARM BUSINESS THAT IS
GREATER THAN ZERO BUT LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM NEW YORK GROSS BUSINESS
INCOME SHALL MEAN: (I) IN THE CASE OF A LIMITED LIABILITY COMPANY OR A
PARTNERSHIP NEW YORK SOURCE GROSS INCOME AS DEFINED IN SUBPARAGRAPH (B)
OF PARAGRAPH THREE OF SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT
OF THIS ARTICLE, AND, (II) IN THE CASE OF A NEW YORK S CORPORATION, NEW
YORK RECEIPTS INCLUDED IN THE NUMERATOR OF THE APPORTIONMENT FACTOR
DETERMINED UNDER SECTION TWO HUNDRED TEN-A OF THIS CHAPTER FOR THE TAXA-
BLE YEAR.
(C) TO QUALIFY FOR THIS MODIFICATION IN RELATION TO A NON-FARM SMALL
BUSINESS THAT IS A LIMITED LIABILITY COMPANY, PARTNERSHIP OR NEW YORK S
CORPORATION, THE TAXPAYER'S INCOME ATTRIBUTABLE TO THE NET BUSINESS
INCOME FROM ITS OWNERSHIP INTERESTS IN NON-FARM LIMITED LIABILITY COMPA-
NIES, PARTNERSHIPS OR NEW YORK S CORPORATIONS MUST BE LESS THAN TWO
HUNDRED FIFTY THOUSAND DOLLARS.
S 3. Paragraph 35 of subdivision (c) of section 11-1712 of the admin-
istrative code of the city of New York, as added by section 2 of part Y
of chapter 59 of the laws of 2013, is amended to read as follows:
(35) (A) In the case of a taxpayer who is a small business OR A
TAXPAYER WHO IS A MEMBER, PARTNER, OR SHAREHOLDER OF A LIMITED LIABILITY
COMPANY, PARTNERSHIP, OR NEW YORK S CORPORATION, RESPECTIVELY, THAT IS A
SMALL BUSINESS, who OR WHICH has business income and/or farm income as
defined in the laws of the United States, an amount equal to [three]
FIFTEEN percent of the net items of income, gain, loss and deduction
attributable to such business or farm entering into federal adjusted
gross income, but not less than zero[, for taxable years beginning after
two thousand thirteen, an amount equal to three and three-quarters
percent of the net items of income, gain, loss and deduction attribut-
able to such business or farm entering into federal adjusted gross
income, but not less than zero, for taxable years beginning after two
thousand fourteen, and an amount equal to five percent of the net items
of income, gain, loss and deduction attributable to such business or
farm entering into federal adjusted gross income, but not less than
zero, for taxable years beginning after two thousand fifteen].
(B) (I) For the purposes of this paragraph, the term small business
shall mean: (I) a sole proprietor [or a farm business] who employs one
or more persons during the taxable year and who has net business income
or net farm income of less than two hundred fifty thousand dollars; OR
(II) A LIMITED LIABILITY COMPANY, PARTNERSHIP OR NEW YORK S CORPORATION
THAT DURING THE TAXABLE YEAR EMPLOYS ONE OR MORE PERSONS AND HAS NEW
YORK GROSS BUSINESS INCOME ATTRIBUTABLE TO A NON-FARM BUSINESS THAT IS
GREATER THAN ZERO BUT LESS THAN ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS OR NET FARM INCOME ATTRIBUTABLE TO A FARM BUSINESS THAT IS
GREATER THAN ZERO BUT LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM NEW YORK GROSS BUSINESS
INCOME SHALL MEAN: (I) IN THE CASE OF A LIMITED LIABILITY COMPANY OR A
PARTNERSHIP, NEW YORK SOURCE GROSS INCOME AS DEFINED IN SUBPARAGRAPH (B)
A. 9009--B 38
OF PARAGRAPH THREE OF SUBSECTION (C) OF SECTION SIX HUNDRED FIFTY-EIGHT
OF ARTICLE TWENTY-TWO OF THE TAX LAW, AND, (II) IN THE CASE OF A NEW
YORK S CORPORATION, NEW YORK RECEIPTS INCLUDED IN THE NUMERATOR OF THE
APPORTIONMENT FACTOR DETERMINED UNDER SECTION TWO HUNDRED TEN-A OF ARTI-
CLE NINE-A OF THE TAX LAW FOR THE TAXABLE YEAR.
(C) TO QUALIFY FOR THIS MODIFICATION IN RELATION TO A NON-FARM SMALL
BUSINESS THAT IS A LIMITED LIABILITY COMPANY, PARTNERSHIP OR NEW YORK S
CORPORATION, THE TAXPAYER'S INCOME ATTRIBUTABLE TO THE NET BUSINESS
INCOME FROM ITS OWNERSHIP INTERESTS IN NON-FARM LIMITED LIABILITY COMPA-
NIES, PARTNERSHIPS OR NEW YORK S CORPORATIONS MUST BE LESS THAN TWO
HUNDRED FIFTY THOUSAND DOLLARS.
S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2017.
PART S
Intentionally Omitted
PART T
Section 1. Intentionally omitted.
S 2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
49. NEW YORK STATE THRUWAY TOLLS TAX CREDIT. (A) A TAXPAYER THAT OPER-
ATES A FARM VEHICLE IN CONNECTION WITH FARM OPERATIONS, ON THE NEW YORK
STATE THRUWAY, AND PAYS NEW YORK STATE THRUWAY TOLLS THROUGH AN E-ZPASS
ACCOUNT, SHALL BE ALLOWED A CREDIT, AS HEREINAFTER PROVIDED, AGAINST THE
TAX IMPOSED BY THIS ARTICLE FOR TAXABLE YEARS BEGINNING ON OR AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN BUT BEFORE JANUARY FIRST, TWO THOU-
SAND NINETEEN. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR MAY NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT
PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS
SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, OR IF
THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM
AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN THAT TAXABLE YEAR
SHALL BE CARRIED FORWARD TO THE FOLLOWING YEAR OR YEARS AND MAY BE
DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
(B) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL
APPLY:
(1) "MOTOR VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
(2) "FARM VEHICLE" MEANS A MOTOR VEHICLE HAVING A GROSS VEHICLE WEIGHT
RATING OF NOT MORE THAN TWENTY-SIX THOUSAND POUNDS THAT IS OWNED BY A
PERSON PRIMARILY ENGAGED IN PRODUCTION BY MEANS OF (I) THE PLANTING,
CULTIVATION AND HARVESTING OF AGRICULTURAL, VEGETABLE AND FOOD PRODUCTS
OF THE SOIL, INCLUDING HORTICULTURAL SPECIALTIES SUCH AS NURSERY STOCK,
ORNAMENTAL SHRUBS, ORNAMENTAL TREES AND FLOWERS, (II) THE RAISING, FEED-
ING AND CARE OF LIVESTOCK, BEES, AND POULTRY, OR (III) DAIRY FARMING.
SUCH FARM VEHICLE SHALL BE PRINCIPALLY USED FOR THE TRANSPORTATION OF
AGRICULTURAL OR DAIRY COMMODITIES OR SUPPLIES, OR USED IN CONJUNCTION
WITH LUMBERING OPERATIONS CONNECTED WITH BUT ONLY INCIDENTAL TO THE
OPERATION OF A FARM.
(3) "E-ZPASS BUSINESS ACCOUNT" MEANS A PREPAID E-ZPASS ACCOUNT ISSUED
BY AN AUTHORIZED ENTITY IN A CORPORATION'S OR COMMERCIAL ENTERPRISE'S
NAME.
A. 9009--B 39
(4) "E-ZPASS COMMERCIAL ACCOUNT" MEANS A POST-PAID E-ZPASS ACCOUNT
ISSUED BY AN AUTHORIZED ENTITY IN A CORPORATION'S OR COMMERCIAL ENTER-
PRISE'S NAME.
(C)(1) THE CREDIT FOR A TAXPAYER OWNING AND OPERATING A FARM VEHICLE
AND HOLDING AN E-ZPASS BUSINESS OR COMMERCIAL ACCOUNT OR ACCOUNTS SHALL
BE IN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE SUM OF ALL NEW YORK
STATE THRUWAY TOLLS PAID BY THE TAXPAYER THROUGH SUCH AN ACCOUNT OR
ACCOUNTS DURING THE TAXABLE YEAR FOR THAT FARM VEHICLE, PROVIDED THE
QUALIFYING NEW YORK STATE THRUWAY TOLLS WERE INCURRED IN CONNECTION WITH
FARM OPERATIONS.
(2) IF A TAXPAYER HAS MORE THAN ONE E-ZPASS TRANSPONDER ON AN ACCOUNT
OR HAS MORE THAN ONE ACCOUNT, ALL THE NEW YORK STATE THRUWAY TOLLS PAID
BY THE TAXPAYER FOR ALL E-ZPASS TRANSPONDERS AND ALL ACCOUNTS SHALL BE
AGGREGATED FOR PURPOSES OF APPLYING THE AMOUNTS OF NEW YORK STATE THRU-
WAY TOLLS REFERENCED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.
(D) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AMOUNT OF ANY
CLAIM MADE FOR A NEW YORK STATE THRUWAY TOLLS TAX CREDIT MAY BE VERIFIED
THROUGH E-ZPASS TOLL RECEIPT RECORDS CREATED AND MAINTAINED BY THE ENTI-
TY AUTHORIZED TO ISSUE THE E-ZPASS ACCOUNT AND MADE AVAILABLE TO, AND
UPON REQUEST BY, THE DEPARTMENT FOR THIS PURPOSE.
S 3. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) NEW YORK STATE THRUWAY TOLLS TAX CREDIT. (1) A TAXPAYER THAT
OPERATES A FARM VEHICLE IN CONNECTION WITH FARM OPERATIONS, ON THE NEW
YORK STATE THRUWAY, AND PAYS NEW YORK STATE THRUWAY TOLLS THROUGH AN
E-ZPASS ACCOUNT, SHALL BE ALLOWED A CREDIT, AS HEREINAFTER PROVIDED,
AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR TAXABLE YEARS BEGINNING ON
OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN BUT BEFORE JANUARY FIRST,
TWO THOUSAND NINETEEN. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS
SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE
CARRIED FORWARD TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM
THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
(2) FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL
APPLY:
(A) "MOTOR VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
(B) "FARM VEHICLE" MEANS A MOTOR VEHICLE HAVING A GROSS VEHICLE WEIGHT
RATING OF NOT MORE THAN TWENTY-SIX THOUSAND POUNDS THAT IS OWNED BY A
PERSON PRIMARILY ENGAGED IN PRODUCTION BY MEANS OF (I) THE PLANTING,
CULTIVATION AND HARVESTING OF AGRICULTURAL, VEGETABLE AND FOOD PRODUCTS
OF THE SOIL, INCLUDING HORTICULTURAL SPECIALTIES SUCH AS NURSERY STOCK,
ORNAMENTAL SHRUBS, ORNAMENTAL TREES AND FLOWERS, (II) THE RAISING, FEED-
ING AND CARE OF LIVESTOCK, BEES, AND POULTRY, OR (III) DAIRY FARMING.
SUCH FARM VEHICLE SHALL BE PRINCIPALLY USED FOR THE TRANSPORTATION OF
AGRICULTURAL OR DAIRY COMMODITIES OR SUPPLIES, OR USED IN CONJUNCTION
WITH LUMBERING OPERATIONS CONNECTED WITH BUT ONLY INCIDENTAL TO THE
OPERATION OF A FARM.
(C) "E-ZPASS BUSINESS ACCOUNT" MEANS A PREPAID E-ZPASS ACCOUNT ISSUED
BY AN AUTHORIZED ENTITY IN A CORPORATION'S OR COMMERCIAL ENTERPRISE'S
NAME.
(D) "E-ZPASS COMMERCIAL ACCOUNT" MEANS A POST-PAID E-ZPASS ACCOUNT
ISSUED BY AN AUTHORIZED ENTITY IN A CORPORATION'S OR COMMERCIAL ENTER-
PRISE'S NAME.
(3)(A) THE CREDIT FOR A TAXPAYER OWNING AND OPERATING A FARM VEHICLE
AND HOLDING AN E-ZPASS BUSINESS OR COMMERCIAL ACCOUNT OR ACCOUNTS SHALL
A. 9009--B 40
BE IN AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE SUM OF ALL NEW YORK
STATE THRUWAY TOLLS PAID BY THE TAXPAYER THROUGH SUCH AN ACCOUNT OR
ACCOUNTS DURING THE TAXABLE YEAR FOR THAT FARM VEHICLE, PROVIDED THE
QUALIFYING NEW YORK STATE THRUWAY TOLLS WERE INCURRED IN CONNECTION WITH
FARM OPERATIONS.
(B) IF A TAXPAYER HAS MORE THAN ONE E-ZPASS TRANSPONDER ON AN ACCOUNT
OR HAS MORE THAN ONE ACCOUNT, ALL THE NEW YORK STATE THRUWAY TOLLS PAID
BY THE TAXPAYER FOR ALL E-ZPASS TRANSPONDERS AND ALL ACCOUNTS SHALL BE
AGGREGATED FOR PURPOSES OF APPLYING THE AMOUNTS OF NEW YORK STATE THRU-
WAY TOLLS REFERENCED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
(4) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AMOUNT OF ANY
CLAIM MADE FOR A NEW YORK STATE THRUWAY TOLLS TAX CREDIT MAY BE VERIFIED
THROUGH E-ZPASS TOLL RECEIPTS RECORDS CREATED AND MAINTAINED BY THE
ENTITY AUTHORIZED TO ISSUE THE E-ZPASS ACCOUNT AND MADE AVAILABLE TO,
AND UPON REQUEST BY, THE DEPARTMENT OF TAXATION AND FINANCE FOR THIS
PURPOSE.
S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) NEW YORK STATE AMOUNT OF CREDIT UNDER
THRUWAY TOLLS TAX CREDIT SUBDIVISION FORTY-NINE OF
UNDER SUBSECTION (CCC) SECTION TWO HUNDRED TEN-B
S 5. Intentionally omitted.
S 6. Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 22 to read as follows:
(22) THE AMOUNT OF ANY NEW YORK STATE THRUWAY TOLLS USED IN THE CALCU-
LATION OF ANY CREDIT ALLOWED UNDER SUBDIVISION FORTY-NINE OF SECTION TWO
HUNDRED TEN-B OF THIS ARTICLE.
S 7. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 43 to read as follows:
(43) THE AMOUNT OF ANY NEW YORK STATE THRUWAY TOLLS USED IN THE CALCU-
LATION OF ANY CREDIT ALLOWED UNDER SUBSECTION (CCC) OF SECTION SIX
HUNDRED SIX OF THIS ARTICLE.
S 8. Intentionally omitted.
S 9. This act shall take effect immediately.
PART U
Section 1. Section 19 of Part W-1 of chapter 109 of the laws of 2006
amending the tax law and other laws relating to providing exemptions,
reimbursements and credits from various taxes for certain alternative
fuels, as amended by section 1 of part V of chapter 59 of the laws of
2014, is amended to read as follows:
S 19. This act shall take effect immediately; provided, however, that
sections one through thirteen of this act shall take effect September 1,
2006 and shall be deemed repealed on September 1, [2016] 2021 and such
repeal shall apply in accordance with the applicable transitional
provisions of sections 1106 and 1217 of the tax law, and shall apply to
sales made, fuel compounded or manufactured, and uses occurring on or
after such date, and with respect to sections seven through eleven of
this act, in accordance with applicable transitional provisions of
sections 1106 and 1217 of the tax law; provided, however, that the
commissioner of taxation and finance shall be authorized on and after
the date this act shall have become a law to adopt and amend any rules
or regulations and to take any steps necessary to implement the
provisions of this act; provided further that sections fourteen through
A. 9009--B 41
sixteen of this act shall take effect immediately and shall apply to
taxable years beginning on or after January 1, 2006.
S 2. This act shall take effect immediately.
PART V
Section 1. Section 37 of the tax law, as added by chapter 109 of the
laws of 2012, subdivision (c) as amended by section 52 of part A of
chapter 59 of the laws of 2014, is amended to read as follows:
S 37. [Beer] ALCOHOLIC BEVERAGE production credit. (a) General. A
taxpayer subject to tax under article nine-A or twenty-two of this chap-
ter, that is registered as a distributor under article eighteen of this
chapter, and that produces sixty million or fewer gallons of beer OR
CIDER, TWENTY MILLION OR FEWER GALLONS OF WINE, OR EIGHT HUNDRED THOU-
SAND OR FEWER GALLONS OF LIQUOR in this state in the taxable year, shall
be allowed a credit against such taxes in the amount specified in subdi-
vision (b) of this section and pursuant to the provisions referenced in
subdivision (c) of this section. Provided, however, that no credit shall
be allowed for any beer, CIDER, WINE OR LIQUOR produced in excess of
fifteen million five hundred thousand gallons in the taxable year. If
the taxpayer is a partner in a partnership or shareholder of a New York
S corporation, then the cap imposed by the preceding sentence shall be
applied at the entity level, so that the aggregate credit allowed to all
the partners or shareholders of each such entity in the taxable year
does not exceed that cap.
(b) The amount of the credit per taxpayer per taxable year (or pro
rata share of earned credit in the case of a partnership) for each
gallon of beer, CIDER, WINE OR LIQUOR produced in this state [on or
after April first, two thousand twelve] shall be determined as follows:
(1) for the first five hundred thousand gallons of beer, CIDER, WINE
OR LIQUOR produced in this state in the taxable year, the credit shall
equal fourteen cents per gallon; and
(2) for each gallon of beer, CIDER, WINE OR LIQUOR produced in this
state in the taxable year in excess of five hundred thousand gallons,
the credit shall equal four and one-half cents per gallon.
(c) Cross-references. For application of the credit provided for in
this section, see the following provisions of this chapter:
(1) Article 9-A: Section 210-B, subdivision 39.
(2) Article 22: Section 606, subsections (i) and (uu).
S 2. Subdivision 39 of section 210-B of the tax law, as added by
section 17 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
39. [Beer] ALCOHOLIC BEVERAGE production credit. A taxpayer shall be
allowed a credit, to be computed as provided in section thirty-seven of
this chapter, against the tax imposed by this article. In no event shall
the credit allowed under this subdivision for any taxable year reduce
the tax due for such year to less than the amount prescribed in para-
graph (d) of subdivision one of section two hundred ten of this article.
However, if the amount of credit allowed under this subdivision for any
taxable year reduces the tax to such amount or if the taxpayer otherwise
pays tax based on the fixed dollar minimum amount, any amount of credit
thus not deductible in such taxable year shall be treated as an overpay-
ment of tax to be credited or refunded in accordance with the provisions
of section one thousand eighty-six of this chapter. Provided, however,
the provisions of subsection (c) of section one thousand eighty-eight of
this chapter notwithstanding, no interest shall be paid thereon.
A. 9009--B 42
S 3. Subdivision 3 of section 420 of the tax law, as amended by chap-
ter 94 of the laws of 1934, is amended to read as follows:
3. "Alcoholic beverages" mean and include CIDERS, AS DEFINED BY THE
ALCOHOLIC BEVERAGE CONTROL LAW, beers, wines or liquors.
S 4. Section 424 of the tax law is amended by adding a new subdivision
6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THERE SHALL BE
EXEMPT FROM THE TAXES IMPOSED UNDER THIS ARTICLE, ALCOHOLIC BEVERAGES
FURNISHED BY A LICENSED PRODUCER OF ALCOHOLIC BEVERAGES AT NO CHARGE TO
A CUSTOMER OR PROSPECTIVE CUSTOMER AT A TASTING HELD IN ACCORDANCE WITH
THE ALCOHOLIC BEVERAGE CONTROL LAW FOR CONSUMPTION AT SUCH TASTING.
S 5. Clause (xxxiv) of subparagraph (B) of paragraph 1 of subsection
(i) of section 606 of the tax law, as amended by section 68 of part A of
chapter 59 of the laws of 2014, is amended to read as follows:
(xxxiv) [Beer] ALCOHOLIC BEVERAGE Amount of credit
production credit under under subdivision thirty-nine of
subsection (uu) section two hundred ten-B
S 6. Subsection (uu) of section 606 of the tax law, as added by chap-
ter 109 of the laws of 2012, is amended to read as follows:
(uu) [Beer] ALCOHOLIC BEVERAGE production credit. A taxpayer shall be
allowed a credit, to be computed as provided in section thirty-seven of
this chapter, against the tax imposed by this article. If the amount of
the credit allowed under this subsection for any taxable year shall
exceed the taxpayer's tax for such year, the excess shall be treated as
an overpayment of tax to be credited or refunded in accordance with the
provisions of section six hundred eighty-six of this article, provided,
however, that no interest shall be paid thereon.
S 7. Subdivision 13 of section 1118 of the tax law, as added by
section 2 of part U of chapter 59 of the laws of 2015, is amended to
read as follows:
(13) In respect to the use of the following items at a tasting held by
a licensed [brewery, farm brewery, cider producer, farm cidery, distil-
lery or farm distillery] PRODUCER OF ALCOHOLIC BEVERAGES in accordance
with the alcoholic beverage control law: (i) the alcoholic beverage or
beverages authorized by the alcoholic beverage control law to be
furnished at no charge to a customer or prospective customer at such
tasting for consumption at such tasting; and (ii) bottles, corks, caps
and labels used to package such alcoholic beverages.
S 8. This act shall take effect immediately, provided, however, that:
sections one, two, five and six of this act shall apply to taxable years
beginning on or after January 1, 2016; sections three and four of this
act shall apply to taxable periods beginning on or after April 1, 2016;
and section seven of this act shall apply to uses occurring on and after
June 1, 2016.
PART W
Section 1. The tax law is amended by adding a new section 478-a to
read as follows:
S 478-A. JEOPARDY ASSESSMENTS. IF THE COMMISSIONER BELIEVES THAT THE
COLLECTION OF ANY TAX WILL BE JEOPARDIZED BY DELAY, HE OR SHE MAY DETER-
MINE THE AMOUNT OF SUCH TAX AND ASSESS THE SAME, TOGETHER WITH ALL
INTEREST AND PENALTIES PROVIDED BY LAW, AGAINST ANY PERSON LIABLE THERE-
FOR PRIOR TO THE FILING OF HIS OR HER RETURN AND PRIOR TO THE DATE WHEN
HIS OR HER RETURN IS REQUIRED TO BE FILED. THE AMOUNT SO DETERMINED
SHALL BECOME DUE AND PAYABLE TO THE COMMISSIONER BY THE PERSON AGAINST
A. 9009--B 43
WHOM SUCH A JEOPARDY ASSESSMENT IS MADE, AS SOON AS NOTICE THEREOF IS
GIVEN TO HIM OR HER. THE PROVISIONS OF SECTION FOUR HUNDRED
SEVENTY-EIGHT OF THIS ARTICLE SHALL APPLY TO ANY SUCH DETERMINATION
EXCEPT TO THE EXTENT THAT THEY MAY BE INCONSISTENT WITH THE PROVISIONS
OF THIS SECTION. THE COMMISSIONER MAY ABATE ANY JEOPARDY ASSESSMENT IF
HE OR SHE FINDS THAT JEOPARDY DOES NOT EXIST. THE COLLECTION OF ANY
JEOPARDY ASSESSMENT MAY BE STAYED BY FILING WITH THE COMMISSIONER A BOND
ISSUED BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE
AND APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES AS TO SOLVENCY
AND RESPONSIBILITY, OR SUCH OTHER SECURITY ACCEPTABLE TO THE COMMISSION-
ER, CONDITIONED UPON PAYMENT OF THE AMOUNT ASSESSED AND INTEREST THERE-
ON, OR ANY LESSER AMOUNT TO WHICH SUCH ASSESSMENT MAY BE REDUCED BY THE
ADMINISTRATIVE LAW JUDGE OR THE TAX APPEALS TRIBUNAL OR BY A PROCEEDING
UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AS
PROVIDED IN SECTION FOUR HUNDRED SEVENTY-EIGHT OF THIS ARTICLE, SUCH
PAYMENT TO BE MADE WHEN THE ASSESSMENT OR ANY SUCH REDUCTION THEREOF
BECOMES FINAL AND NOT SUBJECT TO FURTHER REVIEW. IF SUCH A BOND IS FILED
AND THEREAFTER A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES IS COMMENCED AS PROVIDED IN SECTION FOUR HUNDRED
SEVENTY-EIGHT OF THIS ARTICLE, DEPOSIT OF THE TAXES, PENALTIES AND
INTEREST ASSESSED SHALL NOT BE REQUIRED AS A CONDITION PRECEDENT TO THE
COMMENCEMENT OF SUCH PROCEEDING. WHERE A JEOPARDY ASSESSMENT IS MADE,
ANY PROPERTY SEIZED FOR THE COLLECTION OF THE TAX SHALL NOT BE SOLD: (1)
UNTIL EXPIRATION OF THE TIME TO APPLY FOR A HEARING AS PROVIDED IN
SECTION FOUR HUNDRED SEVENTY-EIGHT OF THIS ARTICLE, AND (2) IF SUCH
APPLICATION IS TIMELY FILED, UNTIL THE EXPIRATION OF THE TIME TO FILE AN
EXCEPTION TO THE DETERMINATION OF THE ADMINISTRATIVE LAW JUDGE OR, IF AN
EXCEPTION IS TIMELY FILED, UNTIL FOUR MONTHS AFTER THE TAX APPEALS
TRIBUNAL HAS GIVEN NOTICE OF ITS DECISION TO THE PERSON AGAINST WHOM THE
ASSESSMENT IS MADE; PROVIDED, HOWEVER, SUCH PROPERTY MAY BE SOLD AT ANY
TIME IF SUCH PERSON HAS FAILED TO ATTEND A HEARING OF WHICH HE OR SHE
HAS BEEN DULY NOTIFIED, OR IF HE OR SHE CONSENTS TO THE SALE, OR IF THE
COMMISSIONER DETERMINES THAT THE EXPENSES OF CONSERVATION AND MAINTE-
NANCE WILL GREATLY REDUCE THE NET PROCEEDS, OR IF THE PROPERTY IS
PERISHABLE.
S 2. This act shall take effect immediately.
PART X
Section 1. Paragraph 2 of subdivision (e) of section 1105 of the tax
law, as amended by section 1 of part Q of chapter 59 of the laws of
2012, is amended to read as follows:
(2) Except as provided in subdivision (r) of section eleven hundred
eleven of this part, when occupancy is provided, for a single consider-
ation, with property, services, amusement charges, or any other items,
the separate sale of which is not subject to tax under this article, AND
THE RENT PAID FOR SUCH OCCUPANCY DOES NOT QUALIFY FOR THE EXEMPTION IN
SUBDIVISION (KK) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE, the
entire consideration shall be treated as rent subject to tax under para-
graph one of this subdivision; provided, however, that where the amount
of the rent for occupancy is stated separately from the price of such
property, services, amusement charges, or other items, on any sales
slip, invoice, receipt, or other statement given the occupant, and such
rent is reasonable in relation to the value of such property, services,
amusement charges or other items, only such separately stated rent will
be subject to tax under paragraph one of this subdivision.
A. 9009--B 44
S 2. Section 1115 of the tax law is amended by adding a new subdivi-
sion (kk) to read as follows:
(KK) RENT PAID BY A ROOM REMARKETER TO AN OPERATOR THAT IS NOT A ROOM
REMARKETER FOR AN OCCUPANCY THAT THE ROOM REMARKETER INTENDS TO PROVIDE
TO AN OCCUPANT FOR RENT SHALL BE EXEMPT FROM THE HOTEL UNIT FEE IMPOSED
BY SECTION ELEVEN HUNDRED FOUR OF THIS ARTICLE AND THE TAX IMPOSED BY
SUBDIVISION (E) OF SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE, PROVIDED
THAT SUCH ROOM REMARKETER FURNISHES SUCH OPERATOR A CERTIFICATE IN SUCH
FORM AND CONTAINING SUCH INFORMATION AS MAY BE PRESCRIBED BY THE COMMIS-
SIONER. THE EXEMPTION CERTIFICATE PROVIDED FOR BY THIS SUBDIVISION SHALL
BE ADMINISTERED BY THE COMMISSIONER IN CONFORMITY WITH THE RULES FOR
EXEMPTION OR RESALE CERTIFICATES IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF
SUBDIVISION (C) OF SECTION ELEVEN HUNDRED THIRTY-TWO OF THIS ARTICLE.
S 3. Paragraph 4 of subdivision a of section 11-2502 of the adminis-
trative code of the city of New York, as amended by section 4 of part Q
of chapter 59 of the laws of 2012, is amended to read as follows:
(4) (i) When occupancy is provided, for a single consideration, with
property, services, amusement charges, or any other items, the separate
sale of which is not subject to tax under this chapter, AND THE RENT
PAID FOR SUCH OCCUPANCY DOES NOT QUALIFY FOR THE EXEMPTION IN SUBDIVI-
SION 1 OF THIS SECTION, the entire consideration shall be treated as
rent subject to tax under paragraph one of this subdivision; provided,
however, that where the amount of the rent for occupancy is stated sepa-
rately from the price of such property, services, amusement charges or
other items on any sales slip, invoice, receipt, or other statement
given the occupant and such rent is reasonable in relation to the value
of such property, services, amusement charges, or other items, only such
separately stated rent will be subject to tax under this subdivision.
(ii) In regard to the collection of tax on occupancies by remarketers,
when occupancy is provided, for a single consideration, with property,
services, amusement charges, or any other items, whether or not such
other items are taxable, the rent portion of the consideration for such
sale shall be computed as follows: the total consideration for the sale
multiplied by a fraction, the numerator of which shall be the consider-
ation paid to the hotel for the occupancy and the denominator of which
shall be the consideration paid to the hotel for the occupancy plus the
consideration paid to the providers of the other items being sold, or by
any other reasonable method pursuant to which the rent portion of
consideration would be no less than the computation of rent portion of
consideration under subparagraph (i) of this paragraph. Nothing herein
shall be construed to subject to tax or exempt from tax any service or
property or amusement charge or other items otherwise subject to tax or
exempt from tax under this chapter.
S 4. Section 11-2502 of the administrative code of the city of New
York is amended by adding a new subdivision 1 to read as follows:
1. AN OCCUPANCY THAT AN OPERATOR CONVEYS OR FURNISHES TO A ROOM
REMARKETER THAT THE ROOM REMARKETER INTENDS TO CONVEY OR FURNISH,
DIRECTLY OR INDIRECTLY, TO AN OCCUPANT FOR RENT SHALL BE EXEMPT FROM THE
TAXES IMPOSED BY THIS SECTION, PROVIDED THAT SUCH ROOM REMARKETER
FURNISHES THE OPERATOR WITH A CERTIFICATE IN SUCH FORM AND CONTAINING
SUCH INFORMATION AS MAY BE PRESCRIBED BY THE COMMISSIONER OF FINANCE.
THE OPERATOR SHALL RETAIN SUCH STATEMENT AND PROVIDE IT TO THE COMMIS-
SIONER OF FINANCE UPON REQUEST.
S 5. This act shall take effect immediately and apply to rent paid for
occupancies on or after June 1, 2016.
A. 9009--B 45
PART Y
Section 1. The section heading of section 951-a of the tax law, as
added by chapter 190 of the laws of 1990, is amended to read as follows:
[Definitions] GENERAL PROVISIONS AND DEFINITIONS.
S 2. Section 951-a of the tax law is amended by adding a new
subsection (f) to read as follows:
(F) TAX TREATMENT OF CHARITABLE CONTRIBUTIONS FOR DETERMINING DOMI-
CILE. NOTWITHSTANDING ANY OTHER PROVISION OF ANY OTHER LAW TO THE
CONTRARY, THE MAKING OF A FINANCIAL CONTRIBUTION, GIFT, BEQUEST,
DONATION OR ANY OTHER FINANCIAL INSTRUMENT OR PLEDGE IN ANY AMOUNT OR
THE DONATION OR LOAN OF ANY OBJECT OF ANY VALUE, OR THE VOLUNTEERING,
GIVING OR DONATION OF UNCOMPENSATED TIME, OR ANY COMBINATION OF THE
FOREGOING, CONSIDERED A CHARITABLE CONTRIBUTION UNDER SUBSECTION (C) OF
SECTION ONE HUNDRED SEVENTY OF THE INTERNAL REVENUE CODE, OR TO A
NOT-FOR-PROFIT ORGANIZATION, AS DEFINED IN SUBDIVISION SEVEN OF SECTION
ONE HUNDRED SEVENTY-NINE-Q OF THE STATE FINANCE LAW, SHALL NOT BE USED
IN ANY MANNER TO DETERMINE WHERE AN INDIVIDUAL IS DOMICILED AT THE TIME
OF HIS OR HER DEATH.
S 3. This act shall take effect immediately.
PART Z
Section 1. Subdivision 2 of section 89-b of the state finance law, as
amended by chapter 56 of the laws of 1993, is amended to read as
follows:
2. The dedicated highway and bridge trust fund shall consist of [two]
THREE accounts: (a) the special obligation reserve and payment account;
[and] (b) the highway and bridge capital account; AND (C) THE AVIATION
PURPOSE ACCOUNT. Moneys in each account shall be kept separate and not
commingled with any other moneys in the custody of the comptroller.
S 2. Section 89-b of the state finance law is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) THE AVIATION PURPOSE ACCOUNT SHALL CONSIST OF ALL MONEYS
REQUIRED TO BE DEPOSITED BY SECTION THREE HUNDRED TWELVE OF THE TAX LAW
AND ANY OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND, ACCOUNT OR SOURCE.
(B) MONEYS IN THE AVIATION PURPOSE ACCOUNT SHALL BE UTILIZED FOR
AIRPORTS AND AVIATION FACILITIES AND EQUIPMENT AND RELATED PROJECTS,
INCLUDING BUT NOT LIMITED TO THE ACQUISITION OF REAL OR TANGIBLE
PERSONAL PROPERTY, CONSTRUCTION, RECONSTRUCTION, RECONDITIONING, PRESER-
VATION, MAINTENANCE OR IMPROVEMENT OF AIRPORT OR AVIATION CAPITAL FACIL-
ITIES AND NOISE MITIGATION PROJECTS, AND ANY OTHER PURPOSE NOT PROHIBIT-
ED BY FEDERAL LAW.
S 3. Section 312 of the tax law, as amended by section 32 of part K of
chapter 61 of the laws of 2011, is amended to read as follows:
S 312. Deposit and disposition of revenue.-- (a) Except as otherwise
provided, of all taxes, interest and penalties collected or received on
or after April first, two thousand one, from the taxes imposed by
[sections] SECTION three hundred one-a [and three hundred one-e] of this
article, (i) initially eighty and three-tenths percent shall be deposit-
ed, as prescribed by subdivision (d) of section three hundred one-j of
this article and (ii) nineteen and seven-tenths percent shall be depos-
ited in such mass transportation operating assistance fund to the credit
of the metropolitan mass transportation operating assistance account and
the public transportation systems operating assistance account thereof
A. 9009--B 46
in the manner provided by subdivision eleven of section one hundred
eighty-two-a of this chapter. Provided, further that on or before the
twenty-fifth day of each month commencing with April, two thousand one,
the comptroller shall deduct the amount of six hundred twenty-five thou-
sand dollars prior to any deposit or disposition of the taxes, interest,
and penalties collected or received pursuant to such [sections] SECTION
three hundred one-a [and three hundred one-e] and shall deposit such
amount in the dedicated fund accounts pursuant to subdivision (d) of
section three hundred one-j of this article. Provided, further, that
commencing January fifteenth, nineteen hundred ninety-one, and on or
before the tenth day of March and the fifteenth day of June and Septem-
ber of such year, the commissioner shall, based on information supplied
by taxpayers and other appropriate sources, estimate the amount of the
utility credit authorized by section three hundred one-d of this article
which has been accrued to reduce tax liability under section one hundred
eighty-six-a of this chapter during the period covered by such estimate
and certify to the state comptroller such estimated amount. The comp-
troller shall forthwith, after receiving such certificate, deduct the
amount of such credit so certified by the commissioner prior to any
deposit or disposition of the taxes, interest and penalties collected or
received pursuant to such [sections] SECTION three hundred one-a [and
three hundred one-e] and shall pay such amount so certified and deducted
into the state treasury to the credit of the general fund. Also, subse-
quently, during the fiscal year when the commissioner becomes aware of
changes or modifications with respect to actual credit usage, the
commissioner shall, as soon as practicable, issue a certification
setting forth the amount of any required adjustment to the amount of
actual credit usage previously certified. After receiving the certif-
icate of the commissioner with respect to actual credit usage or modifi-
cation of the same, the comptroller shall forthwith adjust general fund
receipts and the revenues to be deposited or disposed of under this
article to reflect the difference so certified by the commissioner. The
commissioner shall not be liable for any overestimate or underestimate
of the amount of the utility credit which has been accrued to reduce tax
liability under such section one hundred eighty-six-a. Nor shall the
commissioner be liable for any inaccuracy in any certificate with
respect to the amount of such credit actually used or any required
adjustment with respect to actual credit usage, but the commissioner
shall as soon as practicable after discovery of any error adjust the
next certification under this section to reflect any such error.
Prior to making deposits as provided in this section, the comptroller
shall retain such amount as the commissioner may determine to be neces-
sary, subject to the approval of the director of the budget, for reason-
able costs of the department in administering and collecting the taxes
deposited pursuant to this section and for refunds and reimbursements
with respect to such taxes, out of which the comptroller shall pay any
refunds or reimbursements of such taxes to which taxpayers shall be
entitled.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL TAXES, INTEREST,
AND PENALTIES COLLECTED OR RECEIVED ON OR AFTER DECEMBER FIRST, TWO
THOUSAND SEVENTEEN FROM THE TAXES IMPOSED BY SECTION THREE HUNDRED ONE-E
OF THIS ARTICLE SHALL BE DEPOSITED IN THE AVIATION PURPOSE ACCOUNT OF
THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED BY SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
A. 9009--B 47
S 4. Paragraph 1 of subdivision (a) of section 1102 of the tax law, as
amended by chapter 261 of the laws of 1988, is amended to read as
follows:
(1) Every distributor of motor fuel shall pay, as a prepayment on
account of the taxes imposed by this article and pursuant to the author-
ity of article twenty-nine of this chapter, a tax on each gallon of
motor fuel (i) which he imports or causes to be imported into this state
for use, distribution, storage or sale in the state or produces,
refines, manufactures or compounds in this state or (ii) if the tax has
not been imposed prior to its sale in this state, which he sells (which
acts shall in regard to motor fuel hereinafter in this article be encom-
passed by the phrase "imported, manufactured or sold"), except when
imported, manufactured or sold under circumstances which preclude the
collection of such tax by reason of the United States constitution and
of the laws of the United States enacted pursuant thereto or when
imported or manufactured by an organization described in paragraph one
or two of subdivision (a) of section eleven hundred sixteen of this
article or a hospital included in the organizations described in para-
graph four of such subdivision for its own use and consumption and
except kero-jet fuel when imported by an airline for use in its
airplanes, AND EXCEPT AVIATION GASOLINE SOLD FOR USE IN COMMERCIAL
AIRCRAFT AND GENERAL AVIATION AIRCRAFT.
S 5. Subparagraph (i) of paragraph 1 of subdivision (a) of section
1210 of the tax law, as amended by section 3 of part Z of chapter 59 of
the laws of 2015, is amended to read as follows:
(i) Any local law, ordinance or resolution enacted by any city of less
than one million or by any county or school district, imposing the taxes
authorized by this subdivision, shall, notwithstanding any provision of
law to the contrary, exclude from the operation of such local taxes all
sales of tangible personal property for use or consumption directly and
predominantly in the production of tangible personal property, gas,
electricity, refrigeration or steam, for sale, by manufacturing, proc-
essing, generating, assembly, refining, mining or extracting; and all
sales of tangible personal property for use or consumption predominantly
either in the production of tangible personal property, for sale, by
farming or in a commercial horse boarding operation, or in both; AND ALL
SALES OF FUEL SOLD FOR USE IN COMMERCIAL AIRCRAFT AND GENERAL AVIATION
AIRCRAFT; and, unless such city, county or school district elects other-
wise, shall omit the provision for credit or refund contained in clause
six of subdivision (a) or subdivision (d) of section eleven hundred
nineteen of this chapter.
S 6. Subparagraphs (xii) and (xiii) of paragraph 4 of subdivision (a)
of section 1210 of tax law, as amended by section 3 of part Z of chapter
59 of the laws of 2015, are amended and a new subparagraph (xiv) is
added to read as follows:
(xii) shall omit, unless such city elects otherwise, the exemption for
residential solar energy systems equipment and electricity provided in
subdivision (ee) of section eleven hundred fifteen of this chapter;
[and] (xiii) shall omit, unless such city elects otherwise, the
exemption for commercial solar energy systems equipment and electricity
provided in subdivision (ii) of section eleven hundred fifteen of this
chapter; AND (XIV) SHALL EXCLUDE FROM THE OPERATION OF SUCH LOCAL TAXES
ALL SALES OF FUEL SOLD FOR USE IN COMMERCIAL AIRCRAFT AND GENERAL
AVIATION AIRCRAFT. Any reference in this chapter or in any local law,
ordinance or resolution enacted pursuant to the authority of this arti-
cle to former subdivisions (n) or (p) of this section shall be deemed to
A. 9009--B 48
be a reference to clauses (xii) or (xiii) of this paragraph, respective-
ly, and any such local law, ordinance or resolution that provides the
exemptions provided in such former subdivisions (n) and/or (p) shall be
deemed instead to provide the exemptions provided in clauses (xii)
and/or (xiii) of this paragraph.
S 7. Notwithstanding any law to the contrary, the comptroller is here-
by authorized and directed to transfer from the general fund for deposit
into the mass transportation operating assistance fund, pursuant to
section 88-a of the state finance law and the dedicated mass transporta-
tion trust fund, pursuant to section 89-c of the state finance law, upon
request of the director of the budget, on or before March 31 of each
year, an amount equal to the amount of revenue received by the commis-
sioner of taxation and finance during the state fiscal year from petro-
leum business taxes imposed pursuant to the authority of section 301-e
of the tax law that would have otherwise been directed to such funds
pursuant to section 312 of the tax law as such section was in effect on
the day before this act became a law.
S 8. This act shall take effect immediately, provided that sections
one, two and seven of this act shall take effect April 1, 2017; provided
further that sections three, four, five and six of this act shall take
effect December 1, 2017; and provided further that if section 19 of part
W1 of chapter 109 of the laws of 2006 shall not have expired on or
before such date then section four of this act shall take effect on the
same date as the reversion of paragraph 1 of subdivision (a) of section
1102 of the tax law, pursuant to such chapter.
PART AA
Intentionally Omitted
PART BB
Intentionally Omitted
PART CC
Section 1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law, as amended by section 1 of part Y of chapter 58 of the laws of
2012, is amended to read as follows:
S 308. Officials at harness horse race meetings. 1. At all harness
race meetings licensed by the [state racing and wagering board] GAMING
COMMISSION in accordance with the provisions of sections two hundred
twenty-two through seven hundred five of this chapter qualified judges
and starters shall be designated by the [state racing and wagering
board] GAMING COMMISSION. Such officials shall enforce the rules and
regulations of the [state racing and wagering board] GAMING COMMISSION
and shall render regular written reports of the activities and conduct
of such race meetings to the [state racing and wagering board] GAMING
COMMISSION.
2. The licensed racing corporations shall reimburse the [state racing
and wagering board] GAMING COMMISSION for the per diem cost to the
[board] COMMISSION to employ one associate judge and the starter to
serve at harness race meetings. The [board] COMMISSION shall notify EACH
such licensed racing [corporations] CORPORATION of the per diem cost of
the associate judge and the starter [prior to the beginning] AT THE
TRACK OF SUCH LICENSED RACING CORPORATION WITHIN SIXTY DAYS OF THE END
A. 9009--B 49
of each month. Payment of the reimbursement required by this section
shall be made to the [board] COMMISSION by each entity required to make
such payments [on the last business day of each month] WITHIN THIRTY
DAYS OF SUCH NOTIFICATION BY THE COMMISSION and shall cover all the
costs incurred during that month. A penalty of five percent of payment
due, and interest at the rate of one percent per month calculated from
such [last day of each month] DATE THAT PAYMENT IS DUE to the date of
the payment of the per diem cost shall be payable in case any per diem
cost imposed by this subdivision is not paid when due. The [board]
COMMISSION shall promulgate rules and regulations to ensure the proper
reimbursement of such costs.
3. The [board] COMMISSION shall pay into the racing regulation
account, as defined in section ninety-nine-i of the state finance law,
under the joint custody of the comptroller and the [board] COMMISSION,
the total amount of the reimbursements collected pursuant to this
section. With the approval of the director of the budget, monies
[utilized] USED to pay the costs and expenses of the operations of the
[board] COMMISSION shall be paid out of such account on the audit and
warrant of the comptroller on vouchers, certified and approved by the
director of the division of the budget or his or her duly designated
official.
4. Any associate judge and starter whose per diem costs are reimbursed
by a licensed racing corporation shall remain employees of the [state
racing and wagering board] GAMING COMMISSION and shall retain all the
rights and privileges of their current civil service jurisdictional
classification and status and collective bargaining unit representation.
S 2. This act shall take effect immediately.
PART DD
Section 1. Subparagraph (ii) of paragraph 1 of subdivision b of
section 1612 of the tax law is amended by adding a new clause (G-2) to
read as follows:
(G-2) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, WHEN A VENDOR
TRACK IS LOCATED WITHIN REGION SIX OF DEVELOPMENT ZONE TWO AS DEFINED BY
SECTION THIRTEEN HUNDRED TEN OF THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW AND IS LOCATED WITHIN ONTARIO COUNTY, SUCH VENDOR TRACK
SHALL RECEIVE AN ADDITIONAL COMMISSION AT A RATE EQUAL TO THE PERCENTAGE
OF REVENUE WAGERED AT THE VENDOR TRACK AFTER PAYOUT FOR PRIZES PURSUANT
TO THIS CHAPTER, WHICH PERCENTAGE SHALL BE ONE HUNDRED, LESS THE SUM OF
THE PERCENTAGES OF NET REVENUE WAGERED AT THE VENDOR TRACK RETAINED BY
THE COMMISSION FOR OPERATION, ADMINISTRATION, AND PROCUREMENT PURPOSES;
AND THE VENDOR'S FEE, MARKETING ALLOWANCE AND CAPITAL AWARD PAID TO THE
VENDOR TRACK PURSUANT TO THIS CHAPTER; AND THE EFFECTIVE TAX RATE PAID
ON ALL GROSS GAMING REVENUE PAID BY A GAMING FACILITY WITHIN SENECA OR
WAYNE COUNTIES PURSUANT TO SECTION THIRTEEN HUNDRED FIFTY-ONE OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, PROVIDED, HOWEVER, SUCH
ADDITIONAL COMMISSION SHALL BE APPLIED TO REVENUE WAGERED AT THE VENDOR
TRACK AFTER PAYOUT FOR PRIZES ONLY WHILE A GAMING FACILITY IN SENECA OR
WAYNE COUNTIES IS OPEN AND OPERATIONAL PURSUANT TO AN OPERATION CERTIF-
ICATE ISSUED PURSUANT TO SECTION THIRTEEN HUNDRED THIRTY-ONE OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW. THE ADDITIONAL COMMISSION
SET FORTH IN THIS CLAUSE SHALL BE PAID TO THE VENDOR TRACK WITHIN SIXTY
DAYS AFTER THE CONCLUSION OF THE STATE FISCAL YEAR BASED ON THE CALCU-
LATED PERCENTAGE DURING THE PREVIOUS FISCAL YEAR.
A. 9009--B 50
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.
PART EE
Section 1. Clause (F) of subparagraph (ii) of paragraph 1 of subdivi-
sion b of section 1612 of the tax law, as amended by section 1 of part
WW of chapter 59 of the laws of 2015, is amended to read as follows:
(F) notwithstanding clauses (A), (B), (C), (D) and (E) of this subpar-
agraph, when a vendor track, is located in Sullivan county and within
sixty miles from any gaming facility in a contiguous state such vendor
fee shall, for a period of [eight] NINE years commencing April first,
two thousand eight, be at a rate of forty-one percent of the total
revenue wagered at the vendor track after payout for prizes pursuant to
this chapter, after which time such rate shall be as for all tracks in
clause (C) of this subparagraph.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART FF
Section 1. Paragraph (a) of subdivision 1 of section 1003 of the
racing, pari-mutuel wagering and breeding law, as amended by section 1
of part NN of chapter 59 of the laws of 2015, is amended to read as
follows:
(a) Any racing association or corporation or regional off-track
betting corporation, authorized to conduct pari-mutuel wagering under
this chapter, desiring to display the simulcast of horse races on which
pari-mutuel betting shall be permitted in the manner and subject to the
conditions provided for in this article may apply to the commission for
a license so to do. Applications for licenses shall be in such form as
may be prescribed by the commission and shall contain such information
or other material or evidence as the commission may require. No license
shall be issued by the commission authorizing the simulcast transmission
of thoroughbred races from a track located in Suffolk county. The fee
for such licenses shall be five hundred dollars per simulcast facility
and for account wagering licensees that do not operate either a simul-
cast facility that is open to the public within the state of New York or
a licensed racetrack within the state, twenty thousand dollars per year
payable by the licensee to the commission for deposit into the general
fund. Except as provided in this section, the commission shall not
approve any application to conduct simulcasting into individual or group
residences, homes or other areas for the purposes of or in connection
with pari-mutuel wagering. The commission may approve simulcasting into
residences, homes or other areas to be conducted jointly by one or more
regional off-track betting corporations and one or more of the follow-
ing: a franchised corporation, thoroughbred racing corporation or a
harness racing corporation or association; provided (i) the simulcasting
consists only of those races on which pari-mutuel betting is authorized
by this chapter at one or more simulcast facilities for each of the
contracting off-track betting corporations which shall include wagers
made in accordance with section one thousand fifteen, one thousand
sixteen and one thousand seventeen of this article; provided further
that the contract provisions or other simulcast arrangements for such
simulcast facility shall be no less favorable than those in effect on
January first, two thousand five; (ii) that each off-track betting
A. 9009--B 51
corporation having within its geographic boundaries such residences,
homes or other areas technically capable of receiving the simulcast
signal shall be a contracting party; (iii) the distribution of revenues
shall be subject to contractual agreement of the parties except that
statutory payments to non-contracting parties, if any, may not be
reduced; provided, however, that nothing herein to the contrary shall
prevent a track from televising its races on an irregular basis primari-
ly for promotional or marketing purposes as found by the commission. For
purposes of this paragraph, the provisions of section one thousand thir-
teen of this article shall not apply. Any agreement authorizing an
in-home simulcasting experiment commencing prior to May fifteenth, nine-
teen hundred ninety-five, may, and all its terms, be extended until June
thirtieth, two thousand [sixteen] SEVENTEEN; provided, however, that any
party to such agreement may elect to terminate such agreement upon
conveying written notice to all other parties of such agreement at least
forty-five days prior to the effective date of the termination, via
registered mail. Any party to an agreement receiving such notice of an
intent to terminate, may request the commission to mediate between the
parties new terms and conditions in a replacement agreement between the
parties as will permit continuation of an in-home experiment until June
thirtieth, two thousand [sixteen] SEVENTEEN; and (iv) no in-home simul-
casting in the thoroughbred special betting district shall occur without
the approval of the regional thoroughbred track.
S 2. Subparagraph (iii) of paragraph d of subdivision 3 of section
1007 of the racing, pari-mutuel wagering and breeding law, as amended by
section 2 of part NN of chapter 59 of the laws of 2015, is amended to
read as follows:
(iii) Of the sums retained by a receiving track located in Westchester
county on races received from a franchised corporation, for the period
commencing January first, two thousand eight and continuing through June
thirtieth, two thousand [sixteen] SEVENTEEN, the amount used exclusively
for purses to be awarded at races conducted by such receiving track
shall be computed as follows: of the sums so retained, two and one-half
percent of the total pools. Such amount shall be increased or decreased
in the amount of fifty percent of the difference in total commissions
determined by comparing the total commissions available after July twen-
ty-first, nineteen hundred ninety-five to the total commissions that
would have been available to such track prior to July twenty-first,
nineteen hundred ninety-five.
S 3. The opening paragraph of subdivision 1 of section 1014 of the
racing, pari-mutuel wagering and breeding law, as amended by section 3
of part NN of chapter 59 of the laws of 2015, is amended to read as
follows:
The provisions of this section shall govern the simulcasting of races
conducted at thoroughbred tracks located in another state or country on
any day during which a franchised corporation is conducting a race meet-
ing in Saratoga county at Saratoga thoroughbred racetrack until June
thirtieth, two thousand [sixteen] SEVENTEEN and on any day regardless of
whether or not a franchised corporation is conducting a race meeting in
Saratoga county at Saratoga thoroughbred racetrack after June thirtieth,
two thousand [sixteen] SEVENTEEN. On any day on which a franchised
corporation has not scheduled a racing program but a thoroughbred racing
corporation located within the state is conducting racing, every off-
track betting corporation branch office and every simulcasting facility
licensed in accordance with section one thousand seven (that have
entered into a written agreement with such facility's representative
A. 9009--B 52
horsemen's organization, as approved by the commission), one thousand
eight, or one thousand nine of this article shall be authorized to
accept wagers and display the live simulcast signal from thoroughbred
tracks located in another state or foreign country subject to the
following provisions:
S 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering
and breeding law, as amended by section 4 of part NN of chapter 59 of
the laws of 2015, is amended to read as follows:
1. The provisions of this section shall govern the simulcasting of
races conducted at harness tracks located in another state or country
during the period July first, nineteen hundred ninety-four through June
thirtieth, two thousand [sixteen] SEVENTEEN. This section shall super-
sede all inconsistent provisions of this chapter.
S 5. The opening paragraph of subdivision 1 of section 1016 of the
racing, pari-mutuel wagering and breeding law, as amended by section 5
of part NN of chapter 59 of the laws of 2015, is amended to read as
follows:
The provisions of this section shall govern the simulcasting of races
conducted at thoroughbred tracks located in another state or country on
any day during which a franchised corporation is not conducting a race
meeting in Saratoga county at Saratoga thoroughbred racetrack until June
thirtieth, two thousand [sixteen] SEVENTEEN. Every off-track betting
corporation branch office and every simulcasting facility licensed in
accordance with section one thousand seven that have entered into a
written agreement with such facility's representative horsemen's organ-
ization as approved by the commission, one thousand eight or one thou-
sand nine of this article shall be authorized to accept wagers and
display the live full-card simulcast signal of thoroughbred tracks
(which may include quarter horse or mixed meetings provided that all
such wagering on such races shall be construed to be thoroughbred races)
located in another state or foreign country, subject to the following
provisions; provided, however, no such written agreement shall be
required of a franchised corporation licensed in accordance with section
one thousand seven of this article:
S 6. The opening paragraph of section 1018 of the racing, pari-mutuel
wagering and breeding law, as amended by section 6 of part NN of chapter
59 of the laws of 2015, is amended to read as follows:
Notwithstanding any other provision of this chapter, for the period
July twenty-fifth, two thousand one through September eighth, two thou-
sand [fifteen] SIXTEEN, when a franchised corporation is conducting a
race meeting within the state at Saratoga Race Course, every off-track
betting corporation branch office and every simulcasting facility
licensed in accordance with section one thousand seven (that has entered
into a written agreement with such facility's representative horsemen's
organization as approved by the commission), one thousand eight or one
thousand nine of this article shall be authorized to accept wagers and
display the live simulcast signal from thoroughbred tracks located in
another state, provided that such facility shall accept wagers on races
run at all in-state thoroughbred tracks which are conducting racing
programs subject to the following provisions; provided, however, no such
written agreement shall be required of a franchised corporation licensed
in accordance with section one thousand seven of this article.
S 7. Section 32 of chapter 281 of the laws of 1994, amending the
racing, pari-mutuel wagering and breeding law and other laws relating
to simulcasting, as amended by section 7 of part NN of chapter 59 of the
laws of 2015, is amended to read as follows:
A. 9009--B 53
S 32. This act shall take effect immediately and the pari-mutuel tax
reductions in section six of this act shall expire and be deemed
repealed on July 1, [2016] 2017; provided, however, that nothing
contained herein shall be deemed to affect the application, qualifica-
tion, expiration, or repeal of any provision of law amended by any
section of this act, and such provisions shall be applied or qualified
or shall expire or be deemed repealed in the same manner, to the same
extent and on the same date as the case may be as otherwise provided by
law; provided further, however, that sections twenty-three and twenty-
five of this act shall remain in full force and effect only until May 1,
1997 and at such time shall be deemed to be repealed.
S 8. Section 54 of chapter 346 of the laws of 1990, amending the
racing, pari-mutuel wagering and breeding law and other laws relating to
simulcasting and the imposition of certain taxes, as amended by section
8 of part NN of chapter 59 of the laws of 2015, is amended to read as
follows:
S 54. This act shall take effect immediately; provided, however,
sections three through twelve of this act shall take effect on January
1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed-
ing law, as added by section thirty-eight of this act, shall expire and
be deemed repealed on July 1, [2016] 2017; and section eighteen of this
act shall take effect on July 1, 2008 and sections fifty-one and fifty-
two of this act shall take effect as of the same date as chapter 772 of
the laws of 1989 took effect.
S 9. Paragraph (a) of subdivision 1 of section 238 of the racing,
pari-mutuel wagering and breeding law, as amended by section 9 of part
NN of chapter 59 of the laws of 2015, is amended to read as follows:
(a) The franchised corporation authorized under this chapter to
conduct pari-mutuel betting at a race meeting or races run thereat shall
distribute all sums deposited in any pari-mutuel pool to the holders of
winning tickets therein, provided such tickets be presented for payment
before April first of the year following the year of their purchase,
less an amount which shall be established and retained by such fran-
chised corporation of between twelve to seventeen per centum of the
total deposits in pools resulting from on-track regular bets, and four-
teen to twenty-one per centum of the total deposits in pools resulting
from on-track multiple bets and fifteen to twenty-five per centum of the
total deposits in pools resulting from on-track exotic bets and fifteen
to thirty-six per centum of the total deposits in pools resulting from
on-track super exotic bets, plus the breaks. The retention rate to be
established is subject to the prior approval of the gaming commission.
Such rate may not be changed more than once per calendar quarter to be
effective on the first day of the calendar quarter. "Exotic bets" and
"multiple bets" shall have the meanings set forth in section five
hundred nineteen of this chapter. "Super exotic bets" shall have the
meaning set forth in section three hundred one of this chapter. For
purposes of this section, a "pick six bet" shall mean a single bet or
wager on the outcomes of six races. The breaks are hereby defined as the
odd cents over any multiple of five for payoffs greater than one dollar
five cents but less than five dollars, over any multiple of ten for
payoffs greater than five dollars but less than twenty-five dollars,
over any multiple of twenty-five for payoffs greater than twenty-five
dollars but less than two hundred fifty dollars, or over any multiple of
fifty for payoffs over two hundred fifty dollars. Out of the amount so
retained there shall be paid by such franchised corporation to the
commissioner of taxation and finance, as a reasonable tax by the state
A. 9009--B 54
for the privilege of conducting pari-mutuel betting on the races run at
the race meetings held by such franchised corporation, the following
percentages of the total pool for regular and multiple bets five per
centum of regular bets and four per centum of multiple bets plus twenty
per centum of the breaks; for exotic wagers seven and one-half per
centum plus twenty per centum of the breaks, and for super exotic bets
seven and one-half per centum plus fifty per centum of the breaks. For
the period June first, nineteen hundred ninety-five through September
ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be
three per centum and such tax on multiple wagers shall be two and one-
half per centum, plus twenty per centum of the breaks. For the period
September tenth, nineteen hundred ninety-nine through March thirty-
first, two thousand one, such tax on all wagers shall be two and six-
tenths per centum and for the period April first, two thousand one
through December thirty-first, two thousand [sixteen] SEVENTEEN, such
tax on all wagers shall be one and six-tenths per centum, plus, in each
such period, twenty per centum of the breaks. Payment to the New York
state thoroughbred breeding and development fund by such franchised
corporation shall be one-half of one per centum of total daily on-track
pari-mutuel pools resulting from regular, multiple and exotic bets and
three per centum of super exotic bets provided, however, that for the
period September tenth, nineteen hundred ninety-nine through March thir-
ty-first, two thousand one, such payment shall be six-tenths of one per
centum of regular, multiple and exotic pools and for the period April
first, two thousand one through December thirty-first, two thousand
[sixteen] SEVENTEEN, such payment shall be seven-tenths of one per
centum of such pools.
S 10. This act shall take effect immediately.
PART GG
Section 1. Clause (H) of subparagraph (ii) of paragraph 1 of subdivi-
sion b of section 1612 of the tax law, as amended by section 1 of part
MM of chapter 59 of the laws of 2015, is amended to read as follows:
(H) notwithstanding clauses (A), (B), (C), (D), (E), (F) and (G) of
this subparagraph, the track operator of a vendor track shall be eligi-
ble for a vendor's capital award of up to four percent of the total
revenue wagered at the vendor track after payout for prizes pursuant to
this chapter, which shall be used exclusively for capital project
investments to improve the facilities of the vendor track which promote
or encourage increased attendance at the video lottery gaming facility
including, but not limited to hotels, other lodging facilities, enter-
tainment facilities, retail facilities, dining facilities, events
arenas, parking garages and other improvements that enhance facility
amenities; provided that such capital investments shall be approved by
the division, in consultation with the state racing and wagering board,
and that such vendor track demonstrates that such capital expenditures
will increase patronage at such vendor track's facilities and increase
the amount of revenue generated to support state education programs. The
annual amount of such vendor's capital awards that a vendor track shall
be eligible to receive shall be limited to two million five hundred
thousand dollars, except for Aqueduct racetrack, for which there shall
be no vendor's capital awards. Except for tracks having less than one
thousand one hundred video gaming machines, and except for a vendor
track located west of State Route 14 from Sodus Point to the Pennsylva-
nia border within New York, each track operator shall be required to
A. 9009--B 55
co-invest an amount of capital expenditure equal to its cumulative
vendor's capital award. For all tracks, except for Aqueduct racetrack,
the amount of any vendor's capital award that is not used during any one
year period may be carried over into subsequent years ending before
April first, two thousand [sixteen] SEVENTEEN. Any amount attributable
to a capital expenditure approved prior to April first, two thousand
[sixteen] SEVENTEEN and completed before April first, two thousand
[eighteen] NINETEEN; or approved prior to April first, two thousand
[twenty] TWENTY-ONE and completed before April first, two thousand
[twenty-two] TWENTY-THREE for a vendor track located west of State Route
14 from Sodus Point to the Pennsylvania border within New York, shall be
eligible to receive the vendor's capital award. In the event that a
vendor track's capital expenditures, approved by the division prior to
April first, two thousand [sixteen] SEVENTEEN and completed prior to
April first, two thousand [eighteen] NINETEEN, exceed the vendor track's
cumulative capital award during the five year period ending April first,
two thousand [sixteen] SEVENTEEN, the vendor shall continue to receive
the capital award after April first, two thousand [sixteen] SEVENTEEN
until such approved capital expenditures are paid to the vendor track
subject to any required co-investment. In no event shall any vendor
track that receives a vendor fee pursuant to clause (F) or (G) of this
subparagraph be eligible for a vendor's capital award under this
section. Any operator of a vendor track which has received a vendor's
capital award, choosing to divest the capital improvement toward which
the award was applied, prior to the full depreciation of the capital
improvement in accordance with generally accepted accounting principles,
shall reimburse the state in amounts equal to the total of any such
awards. Any capital award not approved for a capital expenditure at a
video lottery gaming facility by April first, two thousand [sixteen]
SEVENTEEN shall be deposited into the state lottery fund for education
aid; and
S 2. This act shall take effect immediately.
PART HH
Section 1. Paragraph b of subdivision 3 of section 97-nnnn of the
state finance law, as added by chapter 174 of the laws of 2013, is
amended to read as follows:
b. ten percent of the moneys in such fund, AS ATTRIBUTABLE TO A
SPECIFIC LICENSED GAMING FACILITY, shall be appropriated or transferred
from the commercial gaming revenue fund equally between the host munici-
pality and host county OF SUCH FACILITY.
S 2. Clause (G) of subparagraph (ii) of paragraph 1 of subdivision b
of section 1612 of the tax law, as added by chapter 174 of the laws of
2013, is amended to read as follows:
(G) Notwithstanding any provision to the contrary, when a vendor track
is located within regions one, two, or five of development zone two as
defined by section thirteen hundred ten of the racing, pari-mutuel
wagering and breeding law, such vendor track shall receive an additional
commission at a rate equal to the percentage of revenue wagered at the
vendor track after payout for prizes pursuant to this chapter, WHICH
PERCENTAGE SHALL BE ONE HUNDRED, less [ten percent] THE SUM OF THE
PERCENTAGES OF NET REVENUE WAGERED AT THE VENDOR TRACK retained by the
commission for operation, administration, and procurement purposes; and
[payment of] the vendor's fee, marketing allowance[,] and capital award
paid TO THE VENDOR TRACK pursuant to this chapter; and the effective tax
A. 9009--B 56
rate paid on all gross gaming revenue paid by a gaming facility within
the same region pursuant to section thirteen hundred fifty-one of the
racing, pari-mutuel wagering and breeding law, PROVIDED, HOWEVER, SUCH
ADDITIONAL COMMISSION SHALL BE APPLIED TO REVENUE WAGERED AT THE VENDOR
TRACK AFTER PAYOUT FOR PRIZES ONLY WHILE A GAMING FACILITY IN THE SAME
REGION IS OPEN AND OPERATIONAL PURSUANT TO AN OPERATION CERTIFICATE
ISSUED PURSUANT TO SECTION THIRTEEN HUNDRED THIRTY-ONE OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW. The additional commission SET
FORTH IN THIS CLAUSE shall be paid to the vendor track within sixty days
after the conclusion of the state fiscal year based on the calculated
percentage during the previous fiscal year.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.
PART II
Section 1. Subdivision 1 of section 491 of the tax law, as added by
chapter 90 of the laws of 2014, is amended to read as follows:
1. Except in accordance with proper judicial order or as in this
section or otherwise provided by law, it shall be unlawful for the
commissioner, any officer or employee of the department, or any officer
or person who, pursuant to this section, is permitted to inspect any
return or report or to whom a copy, an abstract or a portion of any
return or report is furnished, or to whom any information contained in
any return or report is furnished, or any person engaged or retained by
such department on an independent contract basis or any person who in
any manner may acquire knowledge of the contents of a return or report
filed pursuant to this article to divulge or make known in any manner
the contents or any other information relating to the business of a
distributor, owner or other person contained in any return or report
required under this article. The officers charged with the custody of
such returns or reports shall not be required to produce any of them or
evidence of anything contained in them in any action or proceeding in
any court, except on behalf of the state, the state department of
health, or the commissioner in an action or proceeding under the
provisions of this chapter or on behalf of the state or the commissioner
in any other action or proceeding involving the collection of a tax due
under this chapter to which the state or the commissioner is a party or
a claimant or on behalf of any party to any action or proceeding under
the provisions of this article, when the returns or the reports or the
facts shown thereby are directly involved in such action or proceeding,
or in an action or proceeding relating to the regulation or taxation of
medical marihuana on behalf of officers to whom information shall have
been supplied as provided in subdivision two of this section, in any of
which events the court may require the production of, and may admit in
evidence so much of said returns or reports or of the facts shown there-
by as are pertinent to the action or proceeding and no more. Nothing
herein shall be construed to prohibit the commissioner, in his or her
discretion, from allowing the inspection or delivery of a certified copy
of any return or report filed under this article or of any information
contained in any such return or report by or to a duly authorized offi-
cer or employee of the state department of health; or by or to the
attorney general or other legal representatives of the state when an
action shall have been recommended or commenced pursuant to this chapter
in which such returns or reports or the facts shown thereby are directly
involved; or the inspection of the returns or reports required under
A. 9009--B 57
this article by the comptroller or duly designated officer or employee
of the state department of audit and control, for purposes of the audit
of a refund of any tax paid by a registered organization or other person
under this article; nor to prohibit the delivery to a registered organ-
ization, or a duly authorized representative of such registered organ-
ization, a certified copy of any return or report filed by such regis-
tered organization pursuant to this article, nor to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns or reports and the items thereof. THIS SECTION
SHALL ALSO NOT BE CONSTRUED TO PROHIBIT THE DISCLOSURE, FOR TAX ADMINIS-
TRATION PURPOSES, TO THE DIVISION OF THE BUDGET AND THE OFFICE OF THE
STATE COMPTROLLER, OF INFORMATION AGGREGATED FROM THE RETURNS FILED BY
ALL THE REGISTERED ORGANIZATIONS MAKING SALES OF, OR MANUFACTURING,
MEDICAL MARIHUANA IN A SPECIFIED COUNTY, WHETHER THE NUMBER OF SUCH
REGISTERED ORGANIZATIONS IS ONE OR MORE. PROVIDED FURTHER THAT, NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, THE COMMISSIONER MAY, IN
HIS OR HER DISCRETION, PERMIT THE PROPER OFFICER OF ANY COUNTY ENTITLED
TO RECEIVE AN ALLOCATION, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
PURSUANT TO THIS ARTICLE AND SECTION EIGHTY-NINE-H OF THE STATE FINANCE
LAW, OR THE AUTHORIZED REPRESENTATIVE OF SUCH OFFICER, TO INSPECT ANY
RETURN FILED UNDER THIS ARTICLE, OR MAY FURNISH TO SUCH OFFICER OR THE
OFFICER'S AUTHORIZED REPRESENTATIVE AN ABSTRACT OF ANY SUCH RETURN OR
SUPPLY SUCH OFFICER OR SUCH REPRESENTATIVE WITH INFORMATION CONCERNING
AN ITEM CONTAINED IN ANY SUCH RETURN, OR DISCLOSED BY ANY INVESTIGATION
OF TAX LIABILITY UNDER THIS ARTICLE.
S 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 491 of the tax law made by
section one of this act shall be deemed to have been in full force and
effect on and after January 1, 2016, and shall not affect the repeal of
such section and shall be deemed to be repealed therewith.
PART JJ
Section 1. Subdivision 15 of section 425 of the real property tax law,
as added by section 1 of part E of chapter 59 of the laws of 2015, is
amended to read as follows:
15. Recoupment of exemptions by commissioner. (a) Generally. If the
commissioner should determine, based upon data collected under the STAR
registration program, that property improperly received the basic STAR
exemption [on] IN THE CURRENT SCHOOL YEAR OR one or more of the three
preceding [assessment rolls] SCHOOL YEARS, the commissioner shall treat
the exemption as an improperly granted exemption and proceed in the
manner provided by this subdivision; provided that final assessment
rolls that were filed prior to April first, two thousand eleven shall
not be subject to the provisions of this subdivision.
(b) Procedure. The tax savings attributable to each such improperly
granted exemption shall be collected from the owners whose property
improperly received the exemption for the applicable year, together with
interest as specified in this subdivision, by utilizing any of the
procedures for collection, levy, and lien of personal income tax set
forth in article twenty-two of the tax law, any other relevant proce-
dures referenced within the provisions of that article, and any other
law as may be applicable, so far as practicable when recouping the
exemption amount pursuant to this subdivision, except that:
(i) IN ORDER FOR THE RECOUPMENT PROCEDURE TO BE CONSIDERED TIMELY, THE
NOTICE REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH MUST BE MAILED NO
A. 9009--B 58
LATER THAN THREE YEARS AFTER THE CONCLUSION OF THE SCHOOL YEAR FOR WHICH
THE EXEMPTION IN QUESTION WAS GRANTED, OR IN THE CASE OF AN EXEMPTION
THAT WAS GRANTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR, NO LATER THAN SEPTEMBER THIRTIETH, TWO THOUSAND SIXTEEN;
(II) prior to directing that an improperly granted exemption be
recouped pursuant to this subdivision, the commissioner shall provide
the owners with notice and an opportunity to show the commissioner that
the exemption was properly granted. If the owners fail to respond to
such notice within forty-five days from the mailing thereof, or if their
response does not show to the commissioner's satisfaction that the
eligibility requirements were in fact satisfied, the commissioner shall
proceed with the recoupment of the improperly granted exemption in
accordance with the provisions of this subdivision; and
[(ii)] (III) notwithstanding the provisions of paragraph (b) of subdi-
vision six of this section, neither an assessor nor a board of assess-
ment review has the authority to consider an objection to the recoupment
of an exemption pursuant to this subdivision, nor may such an action be
reviewed in a proceeding to review an assessment pursuant to title one
or one-A of article seven of this chapter. Such an action may only be
challenged before the department. If an owner is dissatisfied with the
department's final determination, the owner may appeal that determi-
nation to the board in a form and manner to be prescribed by the commis-
sioner. Such appeal shall be filed within forty-five days from the issu-
ance of the department's final determination. If dissatisfied with the
board's determination, the owner may seek judicial review thereof pursu-
ant to article seventy-eight of the civil practice law and rules. The
owner shall otherwise have no right to challenge such final determi-
nation in a court action, administrative proceeding, including but not
limited to an administrative proceeding pursuant to article forty of the
tax law, or any other form of legal recourse against the commissioner,
the department, the board, the assessor, or any other person, state
agency, or local government.
(c) The amount to be recouped for each improperly received exemption
shall have interest added at the rate prescribed by section nine hundred
twenty-four-a of this chapter or such other law as may be applicable for
each month or portion thereof since the levy of school taxes upon such
assessment roll.
(d) In the event that a revocation of prior exemption pursuant to
subdivision twelve of this section or a voluntary renunciation of the
STAR exemption pursuant to section four hundred ninety-six of this
[chapter] ARTICLE has occurred, the provisions of this subdivision shall
not be applicable to the exemptions so revoked or voluntarily renounced.
S 2. This act shall take effect immediately.
PART KK
Section 1. Paragraphs a and b of subdivision 1 of section 502 of the
tax law, paragraph a as amended by section 1 of part E of chapter 60 of
the laws of 2007, and paragraph b as amended by section 1 of part T-1 of
chapter 57 of the laws of 2009, are amended to read as follows:
a. Each carrier shall apply to the commissioner for a certificate of
registration for each motor vehicle operated or to be operated by [him]
SUCH CARRIER on the public highways in this state. Application shall be
made upon a form prescribed by such commissioner and shall set forth the
gross and unloaded weight of each motor vehicle, license plate informa-
tion for each motor vehicle and such other information as the commis-
A. 9009--B 59
sioner may require. Such weights shall be subject to audit and approval
by the commissioner. [The application shall be accompanied by a fee of
fifteen dollars for each motor vehicle listed in the application.] The
commissioner shall issue [without further charge] a certificate of
registration for each motor vehicle or a consolidated certificate of
registration for all or any portion of such vehicles of such carrier
which shall contain such information and be in such form as the commis-
sioner shall prescribe. In the case of the loss, mutilation or
destruction of a certificate of registration, the commissioner shall
issue a duplicate thereof [upon payment of a fee of two dollars]. Any
such certificate of registration shall not be transferable, except as
hereinafter provided, and shall be valid until revoked, suspended or
surrendered. Such certificate of registration shall be maintained in the
carrier's regular place of business. In the event of an increase in the
gross or unloaded weight of any motor vehicle subject to this article,
application for a corrected certificate of registration shall be made
upon a form prescribed by such commissioner setting forth the previous
gross or unloaded weight, the new gross or unloaded weight and such
other information as the commissioner may require. In the event of a
decrease in the gross or unloaded weight of any motor vehicle subject to
this article, application may be made for a corrected certificate of
registration in a similar manner, provided that any such application on
the basis of a decrease in the gross or unloaded weight of any motor
vehicle may be made only during the month of January. In the event of a
decrease in the gross or unloaded weight of any motor vehicle subject to
this article, an application to cancel a certificate of registration on
the basis of such decrease may be made during any month. The corrected
gross or unloaded weight shall be subject to audit and approval by the
commissioner. In the event of a change to the license plate information
of any motor vehicle subject to this article, an application for a
corrected certificate of registration shall be made upon a form
prescribed by the commissioner setting forth the previous license plate
information, the new license plate information and such other informa-
tion as the commissioner may require. Upon surrendering the certificate
of registration previously issued, the commissioner shall[, without
further charge,] issue a corrected certificate of registration.
b. Every automotive fuel carrier shall apply to the commissioner for a
special certificate of registration, in place of the certificate of
registration described in paragraph a of this subdivision, for each
motor vehicle operated or to be operated by [him] SUCH CARRIER on the
public highways in this state to transport automotive fuel. Provided,
however, a special certificate of registration shall not be required
under this paragraph for a tractor or other self-propelled device which,
except with respect to the fuel in the ordinary fuel tank intended for
its propulsion, transports automotive fuel solely by means of a trailer,
dolly or other device drawn by such tractor or other self-propelled
device if a certificate of registration prescribed by paragraph a of
this subdivision has been issued for the self-propelled device. Applica-
tion shall be made upon an application form prescribed by the commis-
sioner. [The application shall be accompanied by a fee of fifteen
dollars for each trailer, semi-trailer, dolly or other device listed in
the application.] The commissioner shall issue [without further charge]
such special certificate of registration for each motor vehicle listed
in the application or a consolidated certificate of registration for all
or any portion of such vehicles of such carrier. All of the provisions
of this article with respect to certificates of registration shall be
A. 9009--B 60
applicable to the special certificates of registration issued to automo-
tive fuel carriers under this paragraph as if those provisions had been
set forth in full in this paragraph and expressly referred to the
special certificates of registration required by this paragraph except
to the extent that any such provision is either inconsistent with a
provision of this paragraph or not relevant to the certificates of
registration required by this paragraph. Any certificate of registration
shall not be transferable, and shall be valid until revoked, suspended
or surrendered. Such special certificate of registration shall be main-
tained in the carrier's regular place of business. Nothing contained in
this paragraph shall in any way exempt an automotive fuel carrier from
payment of the taxes imposed pursuant to this article.
S 2. Paragraphs a and b of subdivision 6 of section 502 of the tax
law, as added by section 1 of part K-1 of chapter 57 of the laws of
2009, are amended to read as follows:
a. The commissioner may require the use of decals as evidence that a
carrier has a valid certificate of registration for each motor vehicle
operated or to be operated on the public highways of this state as
required by paragraph a of subdivision one of this section. If the
commissioner requires the use of decals, the commissioner shall issue
for each motor vehicle with a valid certificate of registration a decal
that shall be of a size and design and containing such information as
the commissioner prescribes. [The fee for any decal issued pursuant to
this paragraph is four dollars.] In the case of the loss, mutilation, or
destruction of a decal, the commissioner shall issue a new decal upon
proof of the facts [and payment of four dollars]. The decal shall be
firmly and conspicuously affixed upon the motor vehicle for which it is
issued as closely as practical to the registration or license plates and
at all times be visible and legible. No decal is transferable. A decal
shall be valid until it expires or is revoked, suspended, or surren-
dered.
b. The commissioner may require the use of special decals as evidence
that an automotive fuel carrier has a valid special certificate of
registration for each motor vehicle operated or to be operated on the
public highways of this state to transport automotive fuel as required
by paragraph b of subdivision one of this section. If the commissioner
requires the use of special decals, the commissioner shall issue for
each motor vehicle with a valid special certificate of registration a
special decal that shall be distinctively colored and of a size and
design and containing such information as the commissioner prescribes.
[The fee for any special decal issued pursuant to this paragraph is four
dollars.] In the case of the loss, mutilation, or destruction of a
special decal, the commissioner shall issue a new special decal upon
proof of the facts [and payment of four dollars]. The special decal
shall be firmly and conspicuously affixed upon the motor vehicle for
which it is issued pursuant to the rules and regulations prescribed by
the commissioner to enable the easy identification of the automotive
fuel carrier certificate of registration number and at all times be
visible and legible. No special decal is transferable and shall be valid
until it expires or is revoked, suspended, or surrendered.
S 3. The tax law is amended by adding a new section 502-a to read as
follows:
S 502-A. CERTIFICATE OF REGISTRATION AND DECAL FEES. THE APPLICATION
FOR A CERTIFICATE OF REGISTRATION AND DECAL DESCRIBED IN PARAGRAPH A OF
SUBDIVISION ONE AND PARAGRAPH A OF SUBDIVISION SIX OF SECTION FIVE
HUNDRED TWO OF THIS ARTICLE, OR A SPECIAL CERTIFICATE OF REGISTRATION
A. 9009--B 61
AND SPECIAL DECAL AS DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE AND
PARAGRAPH B OF SUBDIVISION SIX OF SUCH SECTION, SHALL BE ACCOMPANIED BY
A FEE OF ONE DOLLAR AND FIFTY CENTS. IN THE CASE OF THE LOSS, MUTILA-
TION OR DESTRUCTION OF ANY SUCH DOCUMENTS, THE COMMISSIONER SHALL ISSUE
A DUPLICATE SET THEREOF UPON PAYMENT OF A FEE OF ONE DOLLAR AND FIFTY
CENTS. PROVIDED, HOWEVER, THERE SHALL BE NO ADDITIONAL CHARGE FOR THE
ISSUANCE OF A CORRECTED CERTIFICATE OF REGISTRATION PURSUANT TO PARA-
GRAPH A OF SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
S 4. Subdivision 8 of section 509 of the tax law, as separately
amended by section 3 of part K-1 and section 2 of part T-1 of chapter 57
of the laws of 2009, is amended to read as follows:
8. To issue replacement certificates of registration or decals at such
times as the commissioner may deem necessary for the proper and effi-
cient enforcement of the provisions of this article, but not more often
than once every year and to require the surrender of the then outstand-
ing certificates of registration and decals. All of the provisions of
this article with respect to certificates of registration and decals
shall be applicable to replacement certificates of registration and
decals issued hereunder, except that the replacement certificate of
registration or decal shall be issued upon payment of a fee of [fifteen
dollars] ONE DOLLAR AND FIFTY CENTS for each motor vehicle and for any
trailer, semi-trailer, dolly or other device drawn thereby for which a
certificate of registration or decal is required to be issued under this
article;
S 5. Section 515 of the tax law, as added by chapter 329 of the laws
of 1991, is amended to read as follows:
S 515. Disposition of revenues. All taxes, interest, penalties and
fees collected or received pursuant to this article shall be deposited
daily in one account with such responsible banks, banking houses or
trust companies as may be designated by the comptroller, and to the
credit of the comptroller on account of the dedicated highway and bridge
trust fund established pursuant to section eighty-nine-b of the state
finance law. Such an account may be established in one or more of such
depositories and such deposits shall be kept separate and apart from all
other moneys in the possession of the comptroller. The comptroller shall
require adequate security from all such depositories.
Of the revenues so deposited, the comptroller shall retain in his
hands such amount as the commissioner of taxation and finance may deter-
mine to be necessary for refunds or reimbursements of the taxes
collected or received pursuant to this article to which taxpayers shall
be entitled under the provisions of this article, out of which amount
the comptroller shall pay any refunds or reimbursements of the taxes
collected or received pursuant to this article to which taxpayers shall
be entitled under such provisions. The comptroller, after reserving the
amount to pay such refunds or reimbursements, shall, on or before the
last day of each month, pay the balance of the revenue so deposited
during such month into the dedicated highway and bridge trust fund
established pursuant to section eighty-nine-b of the state finance law.
NOTWITHSTANDING THE FOREGOING OR ANY OTHER LAW TO THE CONTRARY, THE
COMPTROLLER SHALL DEPOSIT ALL MONIES COLLECTED ON ACCOUNT OF THE REGIS-
TRATION FEES IMPOSED PURSUANT TO SECTION FIVE HUNDRED TWO-A AND SUBDIVI-
SION EIGHT OF SECTION FIVE HUNDRED NINE OF THIS ARTICLE INTO THE HIGHWAY
USE TAX ADMINISTRATION ACCOUNT ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-Y OF THE STATE FINANCE LAW. THE MONIES DEPOSITED IN SUCH
ACCOUNT SHALL BE AVAILABLE TO THE COMMISSIONER FOR THE COSTS OF ISSUING
THE CERTIFICATES OF REGISTRATION AND HIGHWAY USE TAX DECALS REQUIRED BY
A. 9009--B 62
THIS ARTICLE AND FOR ANY OTHER COSTS OF ADMINISTERING THE PROVISIONS OF
SECTIONS FIVE HUNDRED TWO, FIVE HUNDRED TWO-A AND FIVE HUNDRED NINE OF
THIS ARTICLE. ANY MONEYS NOT USED IN A GIVEN YEAR SHALL BE RETURNED TO
SUCH ACCOUNT AND BE ADDED TO THE TOTAL FUNDS AVAILABLE FOR DISBURSEMENT
IN THE SUCCEEDING YEAR.
S 6. The state finance law is amended by adding a new section 99-y to
read as follows:
S 99-Y. HIGHWAY USE TAX ADMINISTRATION ACCOUNT. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL ACCOUNT
TO BE KNOWN AS THE "HIGHWAY USE TAX ADMINISTRATION ACCOUNT".
2. THE HIGHWAY USE TAX ADMINISTRATION ACCOUNT SHALL CONSIST OF ALL
MONIES COLLECTED FROM THE HIGHWAY USE TAX REGISTRATION AND DECAL FEES
COLLECTED PURSUANT TO SECTIONS FIVE HUNDRED TWO-A AND FIVE HUNDRED NINE
OF THE TAX LAW, AND ANY OTHER MONIES DEPOSITED INTO THE ACCOUNT PURSUANT
TO LAW.
3. MONIES OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE USED FOR THE COSTS OF THE COMMISSIONER OF TAXATION AND FINANCE
IN ADMINISTERING SECTIONS FIVE HUNDRED TWO, FIVE HUNDRED TWO-A AND FIVE
HUNDRED NINE OF THE TAX LAW, AND EXPENDED FOR THE PURPOSES SET FORTH IN
SECTION FIVE HUNDRED FIFTEEN OF THE TAX LAW.
S 7. This act shall take effect immediately.
PART LL
Section 1. This act shall be known and may be cited as the "empire
state apprenticeship program".
S 2. This act enacts into law components of legislation relating to
the empire state apprenticeship program. Each component is wholly
contained within a Subpart identified as Subparts A through B. The
effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section four of this act sets forth the general effective date
of this act.
SUBPART A
Section 1. The labor law is amended by adding a new section 25-c to
read as follows:
S 25-C. POWER TO ADMINISTER THE EMPIRE STATE APPRENTICESHIP TAX CREDIT
PROGRAM. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AND ADMINISTER
THE EMPIRE STATE APPRENTICESHIP TAX CREDIT PROGRAM TO PROVIDE TAX INCEN-
TIVES TO QUALIFIED AND CERTIFIED EMPLOYERS FOR EMPLOYING QUALIFIED
APPRENTICES PURSUANT TO AN APPRENTICESHIP AGREEMENT REGISTERED WITH THE
DEPARTMENT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT
HUNDRED ELEVEN OF THIS CHAPTER. THE COMMISSIONER IS AUTHORIZED TO
PROVIDE TAX CREDITS TO BE ALLOCATED UP TO TEN MILLION DOLLARS OF TAX
CREDITS ANNUALLY, BEGINNING TAXABLE YEAR TWO THOUSAND SIXTEEN AND ENDING
BEFORE TAXABLE YEAR TWO THOUSAND TWENTY. ANY UNUSED ALLOCATION OF THE
CREDIT SHALL BE MADE AVAILABLE IN EACH OF THE SUBSEQUENT TAXABLE YEARS
FOR ALL ELIGIBLE YEARS OF THE APPRENTICESHIP ALLOWED UNDER SUBDIVISION
(C) OF THIS SECTION.
A. 9009--B 63
(B) DEFINITIONS. (1) THE TERM "APPRENTICESHIP AGREEMENT" MEANS THE
AGREEMENT AS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF THIS CHAPTER.
(2) THE TERM "QUALIFIED EMPLOYER" MEANS AN EMPLOYER THAT HAS ENTERED
INTO A REGISTERED APPRENTICESHIP AGREEMENT. FOR THE PURPOSES OF THIS
SECTION A "QUALIFIED EMPLOYER" SHALL NOT INCLUDE AN EMPLOYER THAT IS A
CONTRACTOR OR SUBCONTRACTOR WHO IS A PARTNERSHIP, FIRM, CORPORATION,
LIMITED LIABILITY COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED
BY LAW TO DO BUSINESS WITHIN THE STATE WHO ENGAGES IN CONSTRUCTION AS
DEFINED IN THIS SECTION AND WHOSE APPRENTICESHIP AGREEMENT INCLUDES
SKILLS RELATED TO THE CONSTRUCTION INDUSTRY.
(3) FOR PURPOSES OF THIS SECTION, THE TERM "CONSTRUCTION" MEANS
CONSTRUCTING, RECONSTRUCTING, ALTERING, MAINTAINING, MOVING, REHABILI-
TATING, REPAIRING, RENOVATING, FABRICATING, SERVICING, OR DEMOLITION OF
ANY BUILDING, STRUCTURE, OR IMPROVEMENT, OR COMPONENT, OR RELATING TO
THE EXCAVATION OF OR OTHER DEVELOPMENT OR IMPROVEMENT TO LAND.
(4) THE TERM "CERTIFIED EMPLOYER" MEANS A QUALIFIED EMPLOYER THAT HAS
BEEN CERTIFIED AS ELIGIBLE BY THE COMMISSIONER TO PARTICIPATE IN THE
EMPIRE STATE APPRENTICESHIP TAX CREDIT PROGRAM ESTABLISHED IN THIS
SECTION.
(5) THE TERM "QUALIFIED APPRENTICE" MEANS AN INDIVIDUAL EMPLOYED IN A
FULL TIME POSITION FOR AT LEAST SIX MONTHS OF A TAXABLE YEAR AND WHO HAS
ENTERED INTO AN AGREEMENT WITH A QUALIFIED EMPLOYER PURSUANT TO SECTION
EIGHT HUNDRED SIXTEEN OF THIS CHAPTER.
(6) THE TERM "MENTOR" MEANS AN INDIVIDUAL WHO PROVIDES INSTRUCTION,
GUIDANCE, AND SUPPORT TO THE APPRENTICE ON A REGULAR BASIS THROUGHOUT
THEIR APPRENTICESHIP UNTIL THE COMPLETION OF THEIR APPRENTICESHIP AND
FOR THE YEAR AFTER THEY COMPLETE THEIR APPRENTICESHIP AS THE APPRENTICE
SEEKS EMPLOYMENT IN THE FIELD OR INDUSTRY OF THEIR APPRENTICESHIP. THE
GOAL OF THE MENTOR IS TO HELP TRAIN THE APPRENTICE IN HIS OR HER TRADE
AND TO HELP THE APPRENTICE SUCCESSFULLY COMPLETE THE APPRENTICESHIP AND
TO SECURE AND RETAIN EMPLOYMENT.
(C) (1) A CERTIFIED EMPLOYER SHALL BE ENTITLED TO A TAX CREDIT AGAINST
INCOME TAX FOR EACH QUALIFIED APPRENTICE FOR TAX YEAR EQUAL TO: (A) THE
LESSER OF TWO THOUSAND DOLLARS OR THE TOTAL AMOUNT OF WAGES PAID FOR THE
FIRST YEAR OF THE APPRENTICESHIP; (B) THE LESSER OF THREE THOUSAND
DOLLARS OR THE TOTAL AMOUNT OF WAGES PAID FOR THE SECOND YEAR OF THE
APPRENTICESHIP; AND (C) THE LESSER OF FOUR THOUSAND DOLLARS OR THE TOTAL
AMOUNT OF WAGES PAID FOR EACH OF THE THIRD, FOURTH, AND FIFTH YEARS OF
THE APPRENTICESHIP.
(2) A CERTIFIED EMPLOYER SHALL BE ENTITLED TO AN ENHANCED TAX CREDIT
IF THE EMPLOYER CAN SHOW THAT THE APPRENTICE FOR WHICH THE EMPLOYER
RECEIVED THE TAX CREDIT PURSUANT TO THIS SUBDIVISION IS BEING TRAINED IN
HIS OR HER TRADE BY A MENTOR AS DEFINED IN THIS SECTION. THE ENHANCED
CREDIT SHALL BE AN ADDITIONAL FIVE HUNDRED DOLLARS FOR EACH YEAR OF THE
APPRENTICESHIP IN ADDITION TO THE BASE TAX CREDIT DESCRIBED IN PARAGRAPH
ONE OF THIS SUBDIVISION.
(D) TO PARTICIPATE IN THE PROGRAM ESTABLISHED UNDER THIS SECTION, A
QUALIFIED EMPLOYER MUST SUBMIT AN APPLICATION (IN A FORM PRESCRIBED BY
THE COMMISSIONER) TO THE COMMISSIONER AFTER JANUARY FIRST, BUT NO LATER
THAN NOVEMBER THIRTIETH OF EACH YEAR DURING TAXABLE YEARS THE CREDIT IS
ALLOCATED. THE QUALIFIED APPRENTICES MUST START THEIR EMPLOYMENT ON OR
AFTER JANUARY FIRST BUT NO LATER THAN DECEMBER THIRTY-FIRST, OF THE YEAR
FOR WHICH THE QUALIFIED EMPLOYER SEEKS THE TAX CREDIT.
(E) AS PART OF SUCH APPLICATION, EACH QUALIFIED EMPLOYER MUST:
(1) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS
TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS
A. 9009--B 64
A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR DISCLOSURE OR
INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
(2) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE.
(F) THE COMMISSIONER SHALL ESTABLISH GUIDELINES AND CRITERIA THAT
SPECIFY REQUIREMENTS FOR QUALIFIED EMPLOYERS TO PARTICIPATE IN THE
PROGRAM INCLUDING CRITERIA FOR CERTIFYING QUALIFIED APPRENTICES. ANY
REGULATIONS THAT THE COMMISSIONER DETERMINES ARE NECESSARY AND ARE
CONSISTENT WITH THE PURPOSE OF THIS ARTICLE MAY BE ADOPTED ON AN EMER-
GENCY BASIS NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE
ADMINISTRATIVE PROCEDURE ACT. THE COMMISSIONER MAY GIVE PREFERENCE TO
QUALIFIED EMPLOYERS THAT ARE ENGAGED IN DEMAND OCCUPATIONS OR INDUS-
TRIES, OR IN REGIONAL GROWTH SECTORS, INCLUDING THOSE IDENTIFIED BY THE
DEPARTMENT, SUCH AS CLEAN ENERGY, HEALTH CARE, ADVANCED MANUFACTURING
AND CONSERVATION.
(G)(I) IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY A QUALIFIED
EMPLOYER, THE COMMISSIONER DETERMINES THAT SUCH QUALIFIED EMPLOYER IS
ELIGIBLE TO PARTICIPATE IN THE PROGRAM ESTABLISHED UNDER THIS SECTION,
THE COMMISSIONER SHALL ISSUE THE QUALIFIED EMPLOYER A CERTIFICATE WITHIN
NINETY DAYS OF APPLICATION OF ELIGIBILITY THAT ESTABLISHES THE QUALIFIED
EMPLOYER AS A CERTIFIED EMPLOYER. THE CERTIFICATE OF ELIGIBILITY SHALL
SPECIFY THE MAXIMUM AMOUNT OF TAX CREDIT THAT THE CERTIFIED EMPLOYER
WILL BE ALLOWED TO CLAIM.
(II) FOR EACH SUBSEQUENT APPLICATION SUBMITTED BY A QUALIFIED EMPLOYER
WHO WAS CERTIFIED BY THE COMMISSIONER IN A PRIOR TAX YEAR, THE COMMIS-
SIONER MAY CONSIDER THE FOLLOWING FACTORS WHEN DETERMINING IF THE QUALI-
FIED EMPLOYER SHOULD BE RE-CERTIFIED:
(A) THE LENGTH OF THE APPRENTICESHIP AGREEMENT THE EMPLOYER HAS
ENTERED INTO;
(B) HOW MANY APPRENTICES HAVE GRADUATED FROM THE APPRENTICESHIP
PROGRAM TO WHICH THE QUALIFIED APPRENTICE EMPLOYED BY THE EMPLOYER
BELONGS;
(C) HOW MANY APPRENTICES IN THE FIRST, SECOND, THIRD, FOURTH, OR FIFTH
YEAR OF AN APPRENTICESHIP PROGRAM THE QUALIFIED EMPLOYER HAS HIRED; AND
(D) ANY OTHER FACTORS THE COMMISSIONER DEEMS RELEVANT.
(H) CERTIFIED EMPLOYERS THAT EMPLOY A QUALIFIED APPRENTICE PURSUANT TO
AN APPRENTICESHIP AGREEMENT AS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN
OF THIS ARTICLE THAT REQUIRES THE APPRENTICE TO BE TAUGHT TRADE OR CRAFT
DIVISIONS BY MORE THAN ONE EMPLOYER SHALL BE ELIGIBLE FOR THE CREDIT
BASED ON THE TOTAL NUMBER OF HOURS SUCH APPRENTICE IS EMPLOYED BY EACH
SUCH EMPLOYER IF THE TOTAL NUMBER OF HOURS EMPLOYED EXCEEDS THE MINIMUM
NUMBER OF HOURS REQUIRED TO BE A QUALIFIED APPRENTICESHIP UNDER PARA-
GRAPH FIVE OF SUBDIVISION (B) OF THIS SECTION, AS DETERMINED PURSUANT TO
REGULATIONS OF THE DEPARTMENT.
(I) THE COMMISSIONER SHALL ANNUALLY PUBLISH A REPORT WITHIN ONE
HUNDRED EIGHTY DAYS OF THE CLOSE OF THE TAX YEAR. SUCH REPORT MUST
CONTAIN THE NAMES AND ADDRESSES OF ANY CERTIFIED EMPLOYER ISSUED A
CERTIFICATE OF ELIGIBILITY UNDER THIS SECTION, AND THE MAXIMUM AMOUNT OF
EMPIRE STATE APPRENTICESHIP TAX CREDIT ALLOWED TO THE CERTIFIED EMPLOYER
AS SPECIFIED ON SUCH CERTIFICATE OF ELIGIBILITY. THE COMMISSIONER SHALL
INCLUDE IN SUCH REPORT RECOMMENDATIONS FOR LEGISLATIVE OR OTHER ACTION
TO FURTHER THE INTENT AND PURPOSE OF THE EMPIRE STATE APPRENTICESHIP TAX
CREDIT PROGRAM.
(J) THE COMMISSIONER SHALL PROMOTE, PUBLISH AND DISSEMINATE INFORMA-
TION CONCERNING THE EMPIRE STATE APPRENTICESHIP TAX CREDIT AND OTHER
A. 9009--B 65
AVAILABLE FUNDING, PARTICULARLY TARGETING INDUSTRIES AND FIELDS OF BUSI-
NESS NOT CURRENTLY TAKING ADVANTAGE OF APPRENTICESHIPS.
S 2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
49. EMPIRE STATE APPRENTICESHIP TAX CREDIT. (A) A TAXPAYER THAT HAS
BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AS A CERTIFIED EMPLOYER
PURSUANT TO SECTION TWENTY-FIVE-C OF THE LABOR LAW SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR EACH QUALIFIED
APPRENTICE, UP TO (I) TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST
YEAR OF THE APPRENTICESHIP; (II) THREE THOUSAND FIVE HUNDRED DOLLARS FOR
THE SECOND YEAR OF THE APPRENTICESHIP; (III) FOUR THOUSAND FIVE HUNDRED
DOLLARS FOR THE THIRD YEAR OF THE APPRENTICESHIP; (IV) FOUR THOUSAND
FIVE HUNDRED DOLLARS FOR THE FOURTH YEAR OF THE APPRENTICESHIP; AND (V)
FOUR THOUSAND FIVE HUNDRED DOLLARS FOR THE FIFTH YEAR OF THE APPRENTICE-
SHIP. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "QUALIFIED APPRENTICE"
SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF SECTION
TWENTY-FIVE-C OF THE LABOR LAW. THE PORTION OF THE CREDIT DESCRIBED IN
SUBPARAGRAPHS (I) THROUGH (V) OF THIS PARAGRAPH SHALL BE ALLOWED FOR THE
TAXABLE YEARS IN WHICH THE WAGES ARE PAID TO THE QUALIFIED APPRENTICE.
(B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
ARTICLE. HOWEVER, IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDI-
VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO THAT AMOUNT OR IF THE
TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT,
ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN THAT TAXABLE YEAR WILL BE TREATED
AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER.
PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
(C) THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-C OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT LISTED ON
THE CERTIFICATE OF ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S DESIG-
NEES SHALL RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER. PROVIDED,
HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
LIMITED LIABILITY COMPANY OR A PARTNER IN A PARTNERSHIP, ONLY THE AMOUNT
OF CREDIT EARNED BY THE ENTITY AND NOT THE AMOUNT OF CREDIT CLAIMED BY
THE TAXPAYER MAY BE RELEASED.
S 3. Section 606 of the tax law is amended by adding a new subsection
(vvv) to read as follows:
(VVV) EMPIRE STATE APPRENTICESHIP TAX CREDIT. (1)(A) A TAXPAYER THAT
HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AS A CERTIFIED EMPLOYER
PURSUANT TO SECTION TWENTY-FIVE-C OF THE LABOR LAW SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR EACH QUALIFIED
APPRENTICE, UP TO (I) TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST
YEAR OF THE APPRENTICESHIP; (II) THREE THOUSAND FIVE HUNDRED DOLLARS FOR
THE SECOND YEAR OF THE APPRENTICESHIP; (III) FOUR THOUSAND FIVE HUNDRED
DOLLARS FOR THE THIRD YEAR OF THE APPRENTICESHIP; (IV) FOUR THOUSAND
FIVE HUNDRED DOLLARS FOR THE FOURTH YEAR OF THE APPRENTICESHIP; AND (V)
FOUR THOUSAND FIVE HUNDRED DOLLARS FOR THE FIFTH YEAR OF THE APPRENTICE-
SHIP.
(B) A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
LIABILITY COMPANY OR SHAREHOLDER IN AN S CORPORATION THAT HAS BEEN
A. 9009--B 66
CERTIFIED BY THE COMMISSIONER OF LABOR AS A CERTIFIED EMPLOYER PURSUANT
TO SECTION TWENTY-FIVE-C OF THE LABOR LAW SHALL BE ALLOWED ITS PRO RATA
SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY
OR S CORPORATION.
(C) FOR PURPOSES OF THIS SUBSECTION, THE TERM "QUALIFIED APPRENTICE"
SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF SECTION
TWENTY-FIVE-C OF THE LABOR LAW. THE PORTION OF THE CREDIT DESCRIBED IN
CLAUSE (I) THROUGH (V) OF SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL BE
ALLOWED FOR THE TAXABLE YEARS IN WHICH THE WAGES ARE PAID TO THE QUALI-
FIED APPRENTICE.
(2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION EXCEEDS
THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY AMOUNT OF CREDIT NOT DEDUC-
TIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO
BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE. PROVIDED, HOWEVER, NO INTEREST WILL
BE PAID THEREON.
(3) THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-C OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT LISTED ON
THE CERTIFICATE OF ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S DESIG-
NEES SHALL RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER. PROVIDED,
HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP, OR A SHAREHOLDER
IN A SUBCHAPTER S CORPORATION, ONLY THE AMOUNT OF CREDIT EARNED BY THE
ENTITY AND NOT THE AMOUNT OF CREDIT CLAIMED BY THE TAXPAYER MAY BE
RELEASED.
S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xliii) to read as
follows:
(XLIII) EMPIRE STATE APPRENTICESHIP AMOUNT OF CREDIT UNDER
TAX CREDIT UNDER SUBSECTION SUBDIVISION FORTY-NINE OF
(VVV) SECTION TWO HUNDRED TEN-B
S 5. This act shall take effect immediately and shall apply to taxable
years commencing on or after January 1, 2016.
SUBPART B
Section 1. The labor law is amended by adding a new article 23-D to
read as follows:
ARTICLE 23-D
EMPIRE STATE APPRENTICESHIP GRANT PROGRAM FOR SMALL
BUSINESS AND NOT-FOR-PROFIT CORPORATIONS
SECTION 833. EMPIRE STATE APPRENTICESHIP GRANT PROGRAM FOR SMALL BUSI-
NESS AND NOT-FOR-PROFIT CORPORATIONS.
S 833. EMPIRE STATE APPRENTICESHIP GRANT PROGRAM FOR SMALL BUSINESS
AND NOT-FOR-PROFIT CORPORATIONS. 1. THE DEPARTMENT SHALL ESTABLISH A
GRANT PROGRAM DESIGNED TO ENCOURAGE THE ADOPTION OF APPRENTICESHIPS
ADMINISTERED BY SMALL BUSINESSES AND NOT-FOR-PROFIT CORPORATIONS. THE
DEPARTMENT SHALL PROVIDE GRANTS WITHIN AVAILABLE APPROPRIATIONS, ON A
COMPETITIVE BASIS, IN RESPONSE TO A REQUEST FOR PROPOSAL FROM ELIGIBLE
ENTITIES. THE PROGRAM SHALL PROVIDE ONE TO ONE STATE MATCHING FUNDS TO
ELIGIBLE ENTITIES NOT TO EXCEED FIFTY THOUSAND DOLLARS ANNUALLY. AN
ELIGIBLE ENTITY SHALL INCLUDE A BUSINESS EMPLOYING AND/OR TRAINING AN
A. 9009--B 67
APPRENTICE PURSUANT TO AN APPRENTICESHIP AGREEMENT REGISTERED WITH THE
DEPARTMENT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT
HUNDRED ELEVEN OF THIS CHAPTER WHICH IS RESIDENT IN THIS STATE, INDE-
PENDENTLY OWNED AND OPERATED, AND EMPLOYS TWENTY-FIVE OR LESS PERSONS,
OR A NOT-FOR-PROFIT ORGANIZATION EMPLOYING AND/OR TRAINING AN APPRENTICE
PURSUANT TO AN APPRENTICESHIP AGREEMENT AS DEFINED BY SECTION EIGHT
HUNDRED SIXTEEN OF THIS CHAPTER AND REGISTERED WITH THE DEPARTMENT. AN
ELIGIBLE ENTITY SHALL NOT INCLUDE AN EMPLOYER WHO IS A CONTRACTOR OR
SUBCONTRACTOR WHO IS A PARTNERSHIP, FIRM, CORPORATION, LIMITED LIABILITY
COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY PERMITTED BY LAW TO DO BUSI-
NESS WITHIN THE STATE WHO ENGAGES IN CONSTRUCTION. FOR PURPOSES OF THIS
SECTION, THE TERM "CONSTRUCTION" MEANS CONSTRUCTING, RECONSTRUCTING,
ALTERING, MAINTAINING, MOVING, REHABILITATING, REPAIRING, RENOVATING,
FABRICATING, SERVICING, OR DEMOLITION OF ANY BUILDING, STRUCTURE, OR
IMPROVEMENT, OR COMPONENT, OR RELATING TO THE EXCAVATION OF OR OTHER
DEVELOPMENT OR IMPROVEMENT TO LAND. THE DEPARTMENT MAY USE GRANT FUNDS
ONLY FOR COSTS RELATED TO APPRENTICESHIP PROGRAMS FOR CAPITAL AND/OR
OPERATING EXPENSES, AND TO SUPPORT DEDICATED MENTORS FOR APPRENTICES.
THE COMMISSIONER IS DIRECTED TO ESTABLISH GUIDELINES AND AN APPLICATION
PROCESS. TOTAL STATEWIDE EXPENDITURES FOR THE GRANT PROGRAM SHALL NOT
EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS PER YEAR.
2. THE STATE APPRENTICESHIP AND TRAINING COUNCIL SHALL REVIEW REQUESTS
FOR PROPOSALS AND WILL RECOMMEND PROJECT APPLICATIONS DEEMED TO MEET THE
INTENT OF THE PROGRAM TO THE DEPARTMENT.
3. THE DEPARTMENT SHALL REPORT ON OR BEFORE OCTOBER FIRST, TWO THOU-
SAND SEVENTEEN AND ANNUALLY THEREAFTER TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY
COMMITTEE ON LABOR AND THE LEGISLATIVE COMMISSION ON SKILLS DEVELOPMENT
AND CAREER EDUCATION ON ACTIVITIES AND PROGRESS OF THE GRANT. SUCH
REPORT SHALL CONTAIN THE NAMES, ADDRESSES AND DESCRIPTIONS OF ANY ELIGI-
BLE ENTITY ISSUED A GRANT UNDER THIS SECTION, THE AMOUNT OF THE GRANT
ALLOWED TO THE EMPLOYER, FOR WHAT PURPOSES, THE NUMBER OF APPRENTICES
AND THEIR TRADE OR TRADES, AND WHETHER EACH APPRENTICESHIP IS A NEW JOB
CREATED AFTER BEING ISSUED A GRANT PURSUANT TO THIS PROGRAM.
S 2. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this part shall
be as specifically set forth in the last section of such Subparts.
PART MM
Section 1. Section 606 of the tax law is amended by adding a new
subsection (ccc) to read as follows:
(CCC) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE YEARS BEGIN-
NING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, A TAXPAYER SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR A PORTION OF THE
A. 9009--B 68
TOTAL PURCHASE PRICE PAID BY SUCH TAXPAYER FOR A PRINCIPAL RESIDENCE
ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE TOTAL AMOUNT EXPENDED BY A
TAXPAYER TO RETROFIT AN EXISTING PRINCIPAL RESIDENCE TO ACHIEVE
UNIVERSAL VISITABILITY PROVIDED THAT THE PRINCIPAL RESIDENCE OR THE
RETROFITTING OF THE EXISTING PRINCIPAL RESIDENCE IS LOCATED WITHIN THIS
STATE AND DESIGNED TO PROVIDE UNIVERSAL VISITABILITY AS DEFINED THROUGH
THE ELIGIBILITY REQUIREMENTS ESTABLISHED BY GUIDELINES DEVELOPED BY THE
DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN THE DEPARTMENT OF
STATE. FOR THE PURPOSE OF THIS SUBSECTION, PRINCIPAL RESIDENCE SHALL
MEAN SUCH RESIDENCE PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE
INTERNAL REVENUE CODE.
2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE RETROFITTING OR RENO-
VATION OF THE RESIDENCE OR RESIDENTIAL UNIT HAS BEEN COMPLETED. THE
CREDIT ALLOWED UNDER THIS SECTION SHALL NOT EXCEED (I) TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT OF THE TOTAL AMOUNT EXPENDED, BUT NOT TO EXCEED TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH EXIST-
ING RESIDENCE OR UNIT.
3. NO CREDIT SHALL BE ALLOWED UNDER THIS SECTION FOR THE PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
4. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN THE DEPARTMENT OF STATE SHALL ISSUE A CERTIFICATION FOR AN
APPROVED APPLICATION TO THE TAXPAYER. THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
6. (A) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED PURSUANT TO THE
AUTHORITY OF THIS SUBSECTION SHALL BE ONE MILLION DOLLARS EACH YEAR
DURING THE PERIOD TWO THOUSAND SEVENTEEN THROUGH TWO THOUSAND
TWENTY-ONE. SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY THE
DEPARTMENT OF STATE AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE
DATE OF FILING AN APPLICATION FOR ALLOCATION OF CREDIT WITH THE DIVISION
OF CODE ENFORCEMENT AND ADMINISTRATION. IF THE TOTAL AMOUNT OF ALLOCATED
CREDITS APPLIED FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT
OF TAX CREDITS ALLOWED FOR SUCH YEAR UNDER THIS SECTION, SUCH EXCESS
SHALL BE TREATED AS HAVING BEEN APPLIED FOR ON THE FIRST DAY OF THE
SUBSEQUENT YEAR.
(B) THE SECRETARY OF STATE, AFTER CONSULTING WITH THE COMMISSIONER,
SHALL PROMULGATE REGULATIONS BY OCTOBER THIRTY-FIRST, TWO THOUSAND
SIXTEEN TO ESTABLISH PROCEDURES FOR THE ALLOCATION OF TAX CREDITS AS
REQUIRED BY THIS SUBPARAGRAPH. SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS DESCRIBING THE APPLICATION PROCESS, THE DUE DAYS FOR SUCH
APPLICATIONS, THE STANDARDS WHICH SHALL BE USED TO EVALUATE THE APPLICA-
TIONS, THE DOCUMENTATION THAT WILL BE PROVIDED TO TAXPAYERS TO SUBSTAN-
TIATE TO THE DEPARTMENT THE AMOUNT OF TAX CREDITS ALLOCATED TO SUCH
TAXPAYERS, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRI-
ATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN THE STATE
ADMINISTRATIVE PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED
ON AN EMERGENCY BASIS IF NECESSARY TO MEET SUCH OCTOBER THIRTY-FIRST,
TWO THOUSAND SIXTEEN DEADLINE.
A. 9009--B 69
7. THE DEPARTMENT OF STATE SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AN ANNUAL
REPORT TO BE SUBMITTED BY FEBRUARY FIRST OF EACH YEAR EVALUATING THE
EFFECTIVENESS OF THE UNIVERSAL VISITABILITY TAX CREDIT PROVIDED BY THIS
SECTION. SUCH REPORT SHALL BE BASED ON DATA AVAILABLE FROM THE APPLICA-
TION FILED WITH THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION FOR
UNIVERSAL VISITABILITY CREDITS. NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, THE INFORMATION CONTAINED IN THE REPORT SHALL BE PUBLIC
INFORMATION. THE REPORT MAY ALSO INCLUDE ANY RECOMMENDATIONS OF CHANGES
IN THE CALCULATION OR ADMINISTRATION OF THE CREDIT, AND ANY OTHER RECOM-
MENDATION OF THE COMMISSIONER OF THE DEPARTMENT OF STATE OR THE DIVISION
OF CODE ENFORCEMENT AND ADMINISTRATION REGARDING CONTINUING MODIFICA-
TION, REPEAL OF SUCH ACT, AND SUCH OTHER INFORMATION REGARDING THE ACT
AS THE DIVISION MAY FEEL USEFUL AND APPROPRIATE.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2021.
PART NN
Section 1. This act enacts into law major components of legislation
relating to income tax. Each component is wholly contained within a
Subpart identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Paragraph 1 of subsection (d) of section 606 of the tax
law, as amended by section 1 of part Q of chapter 63 of the laws of
2000, is amended to read as follows:
(1) General. A taxpayer shall be allowed a credit as provided herein
equal to (i) the applicable percentage of the earned income credit
allowed under section thirty-two of the internal revenue code for the
same taxable year, (ii) reduced by the credit permitted under subsection
(b) of this section.
The applicable percentage shall be (i) seven and one-half percent for
taxable years beginning in nineteen hundred ninety-four, (ii) ten
percent for taxable years beginning in nineteen hundred ninety-five,
(iii) twenty percent for taxable years beginning after nineteen hundred
ninety-five and before two thousand, (iv) twenty-two and one-half
percent for taxable years beginning in two thousand, (v) twenty-five
percent for taxable years beginning in two thousand one, (vi) twenty-
seven and one-half percent for taxable years beginning in two thousand
two, and (vii) thirty percent for taxable years beginning in two thou-
sand three, and (VIII) THIRTY-TWO AND ONE-HALF PERCENT FOR THE TAXABLE
YEAR BEGINNING IN TWO THOUSAND EIGHTEEN, AND (IX) THIRTY-FIVE PERCENT
FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN AND thereafter.
Provided, however, that if the reversion event, as defined in this para-
graph, occurs, the applicable percentage shall be twenty percent for
taxable years ending on or after the date on which the reversion event
occurred. The reversion event shall be deemed to have occurred on the
A. 9009--B 70
date on which federal action, including but not limited to, administra-
tive, statutory or regulatory changes, materially reduces or eliminates
New York state's allocation of the federal temporary assistance for
needy families block grant, or materially reduces the ability of the
state to spend federal temporary assistance for needy families block
grant funds for the earned income credit or to apply state general fund
spending on the earned income credit toward the temporary assistance for
needy families block grant maintenance of effort requirement, and the
commissioner of the office of temporary and disability assistance shall
certify the date of such event to the commissioner of taxation and
finance, the director of the division of the budget, the speaker of the
assembly and the temporary president of the senate.
S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after 2018.
SUBPART B
Section 1. Paragraph 1 of subsection (a) of section 601 of the tax
law, as amended by section 1 of part FF of chapter 59 of the laws of
2013, is amended to read as follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN, THE
FOLLOWING BRACKETS AND DOLLAR AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $16,000 4% OF 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 5.90% OF EXCESS OVER
$26,000
OVER $40,000 BUT NOT OVER $150,000 $1,946 PLUS 6.25% OF EXCESS OVER
$40,000
OVER $150,000 BUT NOT OVER $300,000 $8,821 PLUS 6.65% OF EXCESS OVER
$150,000
OVER $300,000 BUT NOT OVER $1,000,000 $18,796 PLUS 6.85% OF EXCESS OVER
$300,000
OVER $1,000,000 BUT NOT OVER $66,746 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,546 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $885,546 PLUS 9.82% OF EXCESS OVER
$10,000,000
(B) For taxable years beginning after two thousand eleven and before two
thousand eighteen:
If the New York taxable income is: The tax is:
Not over $16,000 4% of 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 5.90% of excess over
A. 9009--B 71
$26,000
Over $40,000 but not over $150,000 $1,946 plus 6.45% of excess over
$40,000
Over $150,000 but not over $300,000 $9,041 plus 6.65% of excess over
$150,000
Over $300,000 but not over $2,000,000 $19,016 plus 6.85% of excess over
$300,000
Over $2,000,000 $135,466 plus 8.82% of excess over
$2,000,000
[(B) For taxable years beginning after two thousand seventeen, the
following brackets and dollar amounts shall apply, as adjusted by the
cost of living adjustment prescribed in section six hundred one-a of
this part for tax years two thousand thirteen through two thousand
seventeen:
If the New York taxable income is: The tax is:
Not over $16,000 4% of 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 5.90% of excess over
$26,000
Over $40,000 $1,946 plus 6.85% of excess over
$40,000]
S 2. Paragraph 1 of subsection (b) of section 601 of the tax law, as
amended by section 2 of part FF of chapter 59 of the laws of 2013, is
amended to read as follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN, THE
FOLLOWING BRACKETS AND DOLLAR AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 4% OF TAXABLE INCOME
OVER $12,000 BUT NOT OVER $16,500 $480 PLUS 4.5% OF EXCESS OVER
$12,000
OVER $16,500 BUT NOT OVER $19,500 $683 PLUS 5.25% OF EXCESS OVER
$16,500
OVER $19,500 BUT NOT OVER $30,000 $840 PLUS 5.90% OF EXCESS OVER
$19,500
OVER $30,000 BUT NOT OVER $100,000 $1,460 PLUS 6.25% OF EXCESS OVER
$30,000
OVER $100,000 BUT NOT OVER $250,000 $5,835 PLUS 6.65% OF EXCESS OVER
$100,000
OVER $250,000 BUT NOT OVER $1,000,000 $15,810 PLUS 6.85% OF EXCESS OVER
$250,000
OVER $1,000,000 BUT NOT OVER $67,185 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,985 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $885,985 PLUS 9.82% OF EXCESS OVER
$10,000,000
A. 9009--B 72
(B) For taxable years beginning after two thousand eleven and before two
thousand eighteen:
If the New York taxable income is: The tax is:
Not over $12,000 4% of taxable income
Over $12,000 but not over $16,500 $480 plus 4.5% of excess over
$12,000
Over $16,500 but not over $19,500 $683 plus 5.25% of excess over
$16,500
Over $19,500 but not over $30,000 $840 plus 5.90% of excess over
$19,500
Over $30,000 but not over $100,000 $1,460 plus 6.45% of excess over
$30,000
Over $100,000 but not over $250,000 $5,975 plus 6.65% of excess over
$100,000
Over $250,000 but not over $1,500,000 $15,950 plus 6.85% of excess over
$250,000
Over $1,500,000 $101,575 plus 8.82% of excess over
$1,500,000
[(B) For taxable years beginning after two thousand seventeen, the
following brackets and dollars amounts shall apply, as adjusted by the
cost of living adjustment prescribed in section six hundred one-a of
this part for tax years two thousand thirteen through two thousand
seventeen:
If the New York taxable income is: The tax is:
Not over $12,000 4% of taxable income
Over $12,000 but not over $16,500 $480 plus 4.5% of excess over
$12,000
Over $16,500 but not over $19,500 $683 plus 5.25% of excess over
$16,500
Over $19,500 but not over $30,000 $840 plus 5.90% of excess over
$19,500
Over $30,000 $1,460 plus 6.85% of excess over
$30,000]
S 3. Paragraph 1 of subsection (c) of section 601 of the tax law, as
amended by section 3 of part FF of chapter 59 of the laws of 2013, is
amended to read as follows:
(1) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN, THE
FOLLOWING BRACKETS AND DOLLAR AMOUNTS SHALL APPLY, AS ADJUSTED BY THE
COST OF LIVING ADJUSTMENT PRESCRIBED IN SECTION SIX HUNDRED ONE-A OF
THIS PART FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND THEREAFTER:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,000 4% OF 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 5.90% OF EXCESS OVER
$13,000
OVER $20,000 BUT NOT OVER $75,000 $973 PLUS 6.25% OF EXCESS OVER
A. 9009--B 73
$20,000
OVER $75,000 BUT NOT OVER $200,000 $4,411 PLUS 6.65% OF EXCESS OVER
$75,000
OVER $200,000 BUT NOT OVER $1,000,000 $12,723 PLUS 6.85% OF EXCESS OVER
$200,000
OVER $1,000,000 BUT NOT OVER $67,523 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $420,323 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $886,323 PLUS 9.82% OF EXCESS OVER
$10,000,000
(B) For taxable years beginning after two thousand eleven and before
two thousand eighteen:
If the New York taxable income is: The tax is:
Not over $8,000 4% of 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 5.90% of excess over
$13,000
Over $20,000 but not over $75,000 $973 plus 6.45% of excess over
$20,000
Over $75,000 but not over $200,000 $4,521 plus 6.65% of excess over
$75,000
Over $200,000 but not over $1,000,000 $12,833 plus 6.85% of excess over
$200,000
Over $1,000,000 $67,633 plus 8.82% of excess over
$1,000,000
[(B) For taxable years beginning after two thousand seventeen, the
following brackets and dollars amounts shall apply, as adjusted by the
cost of living adjustment prescribed in section six hundred one-a of
this part for tax years two thousand thirteen through two thousand
seventeen:
If the New York taxable income is: The tax is:
Not over $8,000 4% of 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 5.90% of excess over
$13,000
Over $20,000 $973 plus 6.85% of excess over
$20,000]
S 4. Subsection (a) of section 601-a of the tax law, as amended by
section 10 of part FF of chapter 59 of the laws of 2013, is amended to
read as follows:
(a) For tax year two thousand thirteen, the commissioner, not later
than September first, two thousand twelve, shall multiply the amounts
specified in subsection (b) of this section for tax year two thousand
twelve by one plus the cost of living adjustment described in subsection
A. 9009--B 74
(c) of this section. For tax year two thousand fourteen, the commission-
er, not later than September first, two thousand thirteen, shall multi-
ply the amounts specified in subsection (b) of this section for tax year
two thousand thirteen by one plus the cost of living adjustment. For
each succeeding tax year after tax year two thousand fourteen and
[before tax year two thousand eighteen] THEREAFTER, the commissioner,
not later than September first of such tax year, shall multiply the
amounts specified in subsection (b) of this section for such tax year by
one plus the cost of living adjustment described in subsection (c) of
this section for such tax year.
S 5. Subsection (d-2) of section 601 of the tax law is REPEALED and a
new subsection (d-2) is added to read as follows:
(D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE. NOTWITHSTANDING THE
PROVISIONS OF SUBSECTIONS (D) AND (D-1) OF THIS SECTION, FOR TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN AND THEREAFTER, THERE IS
HEREBY IMPOSED A SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED UNDER
SUBSECTIONS (A), (B) AND (C) OF THIS SECTION FOR THE PURPOSE OF RECAP-
TURING THE BENEFIT OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.
DURING THESE TAXABLE YEARS, ANY REFERENCE IN THIS CHAPTER TO SUBSECTION
(D) OF THIS SECTION SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
(1) FOR RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES, THE SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE
SUM OF THE TAX TABLE BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B), (C),
(D), (E) AND (F) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE FRAC-
TIONS IN SUCH SUBPARAGRAPHS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 6.25 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION.
THE FRACTION FOR THIS SUBPARAGRAPH 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 THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 6.65 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH 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. PROVIDED, HOWEV-
ER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT
TO THE 6.65 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFIT IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS
A. 9009--B 75
FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE
EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER THREE
HUNDRED THOUSAND DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO
ARE NOT SUBJECT TO THE 6.85 PERCENT TAX RATE.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 8.82 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C)
OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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.
(E) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 9.32 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B), (C)
AND (D) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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 MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(F) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(A) OF THIS SECTION NOT SUBJECT TO THE 9.82 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 PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B), (C),
(D) AND (E) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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 TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(G) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (A) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
(2) FOR RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL BE AN
AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN SUBPARA-
GRAPHS (A), (B), (C), (D) AND (E) OF THIS PARAGRAPH MULTIPLIED BY THEIR
RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 6.65 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 PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION.
THE FRACTION FOR THIS SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR
IS THE LESSER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK
A. 9009--B 76
ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED THOUSAND
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION 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 PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH 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. PROVIDED, HOWEV-
ER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT
TO THE 6.85 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 8.82 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 PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 9.32 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 PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C)
OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(E) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(B) OF THIS SECTION NOT SUBJECT TO THE 9.82 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 PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B), (C)
AND (D) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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 TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(F) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (B) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS, THE SUPPLE-
MENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS
A. 9009--B 77
DESCRIBED IN SUBPARAGRAPHS (A), (B), (C), (D) AND (E) OF THIS PARAGRAPH
MULTIPLIED BY THEIR RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
(A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 6.65 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 PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION.
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 THOUSAND DOLLARS AND THE DENOMINA-
TOR IS FIFTY THOUSAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION 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 PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE TAX TABLE BENEFIT IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE
FRACTION FOR THIS SUBPARAGRAPH 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 THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS
SUBPARAGRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE
6.85 PERCENT TAX RATE.
(C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 8.82 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 PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 9.32 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 PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C)
THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH 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
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(E) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN PARAGRAPH ONE OF SUBSECTION
(C) OF THIS SECTION NOT SUBJECT TO THE 9.82 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 PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION
LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B), (C)
AND (D) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH IS
COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND
A. 9009--B 78
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER TEN MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS.
(F) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (C) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
S 6. Subsection (f) of section 614 of the tax law, as amended by
section 11 of part FF of chapter 59 of the laws of 2013, is amended to
read as follows:
(f) Adjusted standard deduction. For taxable years beginning after two
thousand seventeen, the standard deductions set forth in this section
shall be the amounts set forth in this section adjusted by the cost of
living adjustment prescribed in section six hundred one-a of this part
for tax years two thousand thirteen [through two thousand seventeen] AND
THEREAFTER.
S 7. 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
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 2018 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. Any such regulations to implement a change in
withholding tables and methods for tax year 2018 shall be adopted and
effective 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. The commissioner of taxation and finance, in carrying out
the duties and responsibilities under this section, may accompany 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 pursu-
ant 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 8. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART OO
A. 9009--B 79
Section 1. Paragraph 1 of subdivision (f) of section 16 of the tax
law, as amended by section 34 of part A of chapter 59 of the laws of
2014, is amended to read as follows:
(1) General. The tax factor shall be, in the case of article nine-A of
this chapter, the amount of tax determined for the taxable year under
paragraph (a) of subdivision one of section two hundred ten of such
article. The tax factor shall be, in the case of article twenty-two of
this chapter, the tax determined for the taxable year under subsections
(a) through (d) of section six hundred one of such article. PROVIDED
HOWEVER, TAXPAYERS FILING UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER SHALL
INCLUDE FOR THE PURPOSES OF THE TAX FACTOR ALL BUSINESS INCOME ATTRIBUT-
ABLE TO A QEZE BUSINESS WHICH IS TAXABLE UNDER ARTICLE TWENTY-TWO OF
THIS CHAPTER. The tax factor shall be, in the case of article thirty-
three of this chapter, the larger of the amounts of tax determined for
the taxable year under paragraphs one and three of subdivision (a) of
section fifteen hundred two of such article.
S 2. This act shall take effect immediately.
PART PP
Section 1. The economic development law is amended by adding a new
article 23 to read as follows:
ARTICLE 23
UPSTATE REINVESTMENT ZONES
SECTION 460. POWER TO ADMINISTER THE UPSTATE REINVESTMENT ZONES TAX
CREDIT.
S 460. POWER TO ADMINISTER THE UPSTATE REINVESTMENT ZONES TAX CREDIT.
(A) THE COMMISSIONER IS AUTHORIZED TO ADMINISTER THE UPSTATE REINVEST-
MENT ZONES TAX CREDIT PROGRAM TO PROVIDE TAX INCENTIVES TO BUSINESSES
FOR THE QUALIFIED PURCHASE OF A BUILDING OR BUILDINGS OR QUALIFIED REHA-
BILITATION EXPENDITURES IN SUCH ZONE. THE COMMISSIONER IS AUTHORIZED TO
ALLOCATE UP TO TEN MILLION DOLLARS OF TAX CREDITS UNDER THIS PROGRAM PER
YEAR. THE AMOUNT OF CREDIT SHALL BE TWENTY PERCENT OF THE QUALIFIED
PURCHASE AND QUALIFIED REHABILITATION EXPENDITURES OF BUILDINGS AND
REHABILITATIONS, AS SUCH AMOUNT IS COMPUTED PURSUANT TO SECTION
FORTY-TWO OF THE TAX LAW.
(B) DEFINITIONS. (1) THE TERM "UPSTATE REINVESTMENT ZONE" SHALL MEAN
AN AREA: (I) THAT, ACCORDING TO THE MOST RECENT AMERICAN COMMUNITY
SURVEY BY THE UNITED STATES CENSUS BUREAU, LIES WITHIN A CENSUS TRACT
WITH A POVERTY RATE EQUAL TO OR GREATER THAN TWENTY PERCENT OR AN UNEM-
PLOYMENT RATE THAT IS EQUAL TO OR GREATER THAN ONE AND ONE-HALF TIMES
THE NATIONAL AVERAGE UNEMPLOYMENT RATE AND (II) IS WITHIN THE INCORPO-
RATED BOUNDARIES OF A VILLAGE, TOWN OR CITY HAVING A POPULATION OF LESS
THAN ONE MILLION.
(2) THE TERM "QUALIFIED PURCHASE" SHALL MEAN THE COST OR OTHER BASIS
FOR FEDERAL INCOME TAX PURPOSES OF ACQUISITION COST OF ANY BUILDING FOR
WHICH DEPRECIATION IS ALLOWED UNDER SECTION ONE HUNDRED SIXTY-SEVEN OF
THE INTERNAL REVENUE CODE AND IS ACQUIRED BY PURCHASE AS DEFINED IN
SECTION ONE HUNDRED SEVENTY-NINE (D)(2) OF THE INTERNAL REVENUE CODE.
(3) THE TERM "QUALIFIED REHABILITATION EXPENDITURES" SHALL MEAN QUALI-
FIED EXPENDITURES AS DEFINED IN PARAGRAPH (2) OF SUBSECTION (C) OF
SECTION FORTY-SEVEN OF THE INTERNAL REVENUE CODE OTHER THAN THE QUALI-
FIED PURCHASE MADE IN PARAGRAPH TWO OF THIS SUBDIVISION.
(C) ALLOCATION OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS
ALLOWED UNDER THIS SUBDIVISION IN ANY TAXABLE YEAR SHALL BE TEN MILLION
DOLLARS. SUCH AGGREGATE AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE
A. 9009--B 80
COMMISSIONER AMONG TAXPAYERS IN THE ORDER IN WHICH APPLICATIONS ARE
RECEIVED. IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN ANY
PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR
SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
(2) THE COMMISSIONER SHALL PROMULGATE REGULATIONS BY DECEMBER THIRTY-
FIRST, TWO THOUSAND SIXTEEN TO ESTABLISH PROCEDURES FOR THE ALLOCATION
OF TAX CREDITS AS REQUIRED. SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS DESCRIBING THE APPLICATION PROCESS, THE DUE DATES FOR SUCH
APPLICATIONS, THE STANDARDS WHICH SHALL BE USED TO EVALUATE THE APPLICA-
TIONS, THE DOCUMENTATION THAT WILL BE PROVIDED TO TAXPAYERS TO SUBSTAN-
TIATE TO THE COMMISSIONER THE AMOUNT OF TAX CREDITS ALLOCATED TO SUCH
TAXPAYERS, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRI-
ATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN THE STATE
ADMINISTRATIVE PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED
ON AN EMERGENCY BASIS IF NECESSARY TO MEET SUCH DECEMBER THIRTY-FIRST,
TWO THOUSAND SIXTEEN DEADLINE.
(D) IN ORDER TO BE ELIGIBLE FOR THE TAX CREDITS, A TAXPAYER MUST
SUBMIT AN APPLICATION (IN A FORM PRESCRIBED BY THE COMMISSIONER) TO THE
COMMISSIONER. THE COMMISSIONER SHALL ESTABLISH GUIDELINES AND CRITERIA
FOR A DESIGNATION OF UPSTATE REINVESTMENT ZONES.
(E) IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY THE TAXPAYER, THE
COMMISSIONER DETERMINES THAT SUCH QUALIFIED PURCHASE OF THE BUILDING OR
QUALIFIED REHABILITATION EXPENDITURES WERE MADE IN AN UPSTATE REINVEST-
MENT ZONE, THEN THE COMMISSIONER SHALL ISSUE THE TAXPAYER A CERTIFICATE
OF ELIGIBILITY THAT ESTABLISHES THE TAXPAYER AS A QUALIFIED TAXPAYER.
S 2. The tax law is amended by adding a new section 42 to read as
follows:
S 42. UPSTATE REINVESTMENT ZONES TAX CREDIT. (A) A TAXPAYER SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
TAX IMPOSED BY ARTICLES NINE-A AND TWENTY-TWO OF THIS CHAPTER FOR THE
DEVELOPMENT TO UPSTATE REINVESTMENT ZONES INCLUDING, BUT NOT LIMITED TO,
THE QUALIFIED PURCHASE OF BUILDINGS AND QUALIFIED REHABILITATION EXPEND-
ITURES OF BUILDINGS IN SUCH ZONES WHERE AT LEAST FIFTY PERCENT OF THE
SQUARE FOOTAGE OF SUCH BUILDINGS, AT THE TIME OF PURCHASE OR REHABILI-
TATION, IS VACANT OR OTHERWISE UNUSED. THE AMOUNT OF THE CREDIT SHALL BE
TWENTY PERCENT OF THE QUALIFIED PURCHASE AND QUALIFIED REHABILITATION
EXPENDITURES OF BUILDINGS AND REHABILITATIONS IN SUCH ZONES WITH SUCH
CREDIT SUBJECT TO RESTRICTIONS SET FORTH IN SUBDIVISION (D) OF THIS
SECTION. THIS CREDIT WILL NOT BE ALLOWED IF THE QUALIFIED PURCHASE OF
BUILDINGS AND QUALIFIED REHABILITATION EXPENDITURES OF BUILDINGS THAT
ARE THE BASIS FOR THIS CREDIT ARE INCLUDED IN THE CALCULATION OF ANOTHER
CREDIT CLAIMED BY THE TAXPAYER UNDER THIS CHAPTER.
(B) FOR THE PURPOSE OF THIS SECTION, THE TERM "QUALIFIED PURCHASE"
SHALL MEAN THE COST OR OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF
ACQUISITION COST OF ANY BUILDING FOR WHICH DEPRECIATION IS ALLOWED UNDER
SECTION ONE HUNDRED SIXTY-SEVEN OF THE INTERNAL REVENUE CODE AND IS
ACQUIRED BY PURCHASE AS DEFINED IN SECTION ONE HUNDRED SEVENTY-NINE
(D)(2) OF THE INTERNAL REVENUE CODE. THE TERM "QUALIFIED REHABILITATION
EXPENDITURES" SHALL MEAN QUALIFIED EXPENDITURES AS DEFINED IN PARAGRAPH
(2) OF SUBSECTION (C) OF SECTION FORTY-SEVEN OF THE INTERNAL REVENUE
CODE.
(C) FOR THE PURPOSE OF THIS SECTION, THE TERM "UPSTATE REINVESTMENT
ZONES" SHALL MEAN AN AREA: (I) THAT, ACCORDING TO THE MOST RECENT AMER-
ICAN COMMUNITY SURVEY BY THE UNITED STATES CENSUS BUREAU, LIES WITHIN A
CENSUS TRACT WITH A POVERTY RATE EQUAL TO OR GREATER THAN TWENTY PERCENT
A. 9009--B 81
OR AN UNEMPLOYMENT RATE THAT IS EQUAL TO OR GREATER THAN ONE AND
ONE-HALF TIMES THE NATIONAL AVERAGE UNEMPLOYMENT RATE AND (II) IS WITHIN
THE INCORPORATED BOUNDARIES OF A VILLAGE, TOWN OR CITY HAVING A POPU-
LATION OF LESS THAN ONE MILLION.
(D) THE SUM OF ALL TAX CREDITS GRANTED PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS FOR ANY ONE
TAXPAYER INCLUDING SUCH PARTY'S AFFILIATES AND RELATED ENTITIES FOR A
TAXABLE YEAR. IF THE TAXPAYER IS A PARTNER IN A PARTNERSHIP, MEMBER OF
A LIMITED LIABILITY COMPANY OR SHAREHOLDER OF A NEW YORK S CORPORATION,
THEN THE ANNUAL LIMIT BY THE PRECEDING SENTENCE SHALL BE APPLIED AT THE
ENTITY LEVEL, SO THAT THE AGGREGATE CREDIT ALLOWED TO ALL THE PARTNERS,
MEMBERS OR SHAREHOLDERS OF EACH SUCH ENTITY IN THE TAXABLE YEAR DOES NOT
EXCEED THE FIVE HUNDRED THOUSAND DOLLAR ANNUAL LIMIT.
(E) (1) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS
SECTION, IN ANY TAXABLE YEAR SHALL BE TEN MILLION DOLLARS. SUCH AGGRE-
GATE AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE COMMISSIONER OF ECONOM-
IC DEVELOPMENT AMONG TAXPAYERS IN THE ORDER IN WHICH APPLICATIONS ARE
RECEIVED. IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN ANY
PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR
SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
(2) THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL
PROMULGATE REGULATIONS BY DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN TO
ESTABLISH PROCEDURES FOR THE ALLOCATION OF TAX CREDITS AS REQUIRED
PURSUANT TO SECTION FOUR HUNDRED SIXTY OF THE ECONOMIC DEVELOPMENT LAW.
SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING THE
APPLICATION PROCESS, THE DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS
WHICH SHALL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION THAT
WILL BE PROVIDED TO TAXPAYERS TO SUBSTANTIATE TO THE DEPARTMENT THE
AMOUNT OF TAX CREDITS ALLOCATED TO SUCH TAXPAYERS, AND SUCH OTHER
PROVISIONS AS DEEMED NECESSARY AND APPROPRIATE.
(F) THE CREDIT ALLOWED UNDER THIS SECTION FOR ANY TAXABLE YEAR SHALL
NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
CHAPTER. PROVIDED, HOWEVER, THAT IF THE AMOUNT OF THE CREDIT ALLOWABLE
UNDER THIS SECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT,
THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED FURTHER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
(G) THE TAXPAYER MAY BE REQUIRED TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF ECONOMIC DEVEL-
OPMENT PURSUANT TO SECTION FOUR HUNDRED SIXTY OF THE ECONOMIC DEVELOP-
MENT LAW.
(H) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9A: SECTION 210-B, SUBDIVISION 51.
(2) ARTICLE 22: SECTION 606, SUBSECTION (I), PARAGRAPH (1), SUBPARA-
GRAPH (B), CLAUSE (XLI).
(3) ARTICLE 22: SECTION 606, SUBSECTION (CCC).
S 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 51 to read as follows:
51. UPSTATE REINVESTMENT ZONES TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
A. 9009--B 82
SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
IT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE
YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF
THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF
SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER NOTWITHSTANDING, NO
INTEREST WILL BE PAID THEREON.
S 4. Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 22 to read as follows:
(22) THE AMOUNT OF ANY FEDERAL DEDUCTIONS FOR QUALIFIED PURCHASE AND
QUALIFIED EXPENDITURE TO THE EXTENT SUCH DEDUCTIONS ARE USED AS THE
BASIS OF THE CALCULATION OF THE UPSTATE REINVESTMENT ZONES TAX CREDIT
UNDER SUBDIVISION FIFTY-ONE OF SECTION TWO HUNDRED TEN-B OF THIS ARTI-
CLE.
S 5. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) UPSTATE REINVESTMENT ZONES TAX CREDIT. (A) ALLOWANCE OF CREDIT.
A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION FORTY-TWO OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE.
(B) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION EXCEEDS THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY
AMOUNT OF CREDIT NOT DEDUCTIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS
AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE. PROVIDED,
HOWEVER, NO INTEREST WILL BE PAID THEREON.
S 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) UPSTATE REINVESTMENT AMOUNT OF THE CREDIT UNDER
ZONES TAX CREDIT UNDER SUBDIVISION FIFTY-ONE OF SECTION
SUBSECTION (CCC) TWO HUNDRED TEN-B
S 7. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 43 to read as follows:
(43) THE AMOUNT OF ANY FEDERAL DEDUCTIONS FOR QUALIFIED PURCHASE AND
QUALIFIED EXPENDITURES TO THE EXTENT SUCH DEDUCTIONS ARE USED AS THE
BASIS OF THE CALCULATION OF THE UPSTATE REINVESTMENT ZONES TAX CREDIT
UNDER SUBSECTION (CCC) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE.
S 8. This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2017. The commissioner of taxation and
finance is authorized to issue regulations and guidance necessary to
implement this act on or before such effective date.
PART QQ
Section 1. Section 606 of the tax law is amended by adding a new
subsection (g-3) to read as follows:
(G-3) GEOTHERMAL ENERGY SYSTEMS CREDIT. (1) GENERAL. AN INDIVIDUAL
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE EQUAL TO TWENTY-FIVE PERCENT OF QUALIFIED GEOTHERMAL ENERGY SYSTEM
A. 9009--B 83
EXPENDITURES, EXCEPT AS PROVIDED IN SUBPARAGRAPH (D) OF PARAGRAPH TWO OF
THIS SUBSECTION. THIS CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS FOR
A QUALIFIED GEOTHERMAL ENERGY SYSTEM PLACED IN SERVICE ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND SIXTEEN.
(2) QUALIFIED GEOTHERMAL ENERGY SYSTEMS EXPENDITURES. (A) THE TERM
"QUALIFIED GEOTHERMAL ENERGY SYSTEM EXPENDITURES" MEANS EXPENDITURES
FOR:
(I) THE PURCHASE OF GEOTHERMAL ENERGY SYSTEM EQUIPMENT WHICH IS
INSTALLED IN CONNECTION WITH RESIDENTIAL PROPERTY WHICH IS (I) LOCATED
IN THIS STATE AND (II) WHICH IS USED BY THE TAXPAYER AS HIS OR HER PRIN-
CIPAL RESIDENCE AT THE TIME THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PLACED IN SERVICE;
(II) THE LEASE OF GEOTHERMAL ENERGY SYSTEM EQUIPMENT UNDER A WRITTEN
AGREEMENT THAT SPANS AT LEAST TEN YEARS WHERE SUCH EQUIPMENT OWNED BY A
PERSON OTHER THAN THE TAXPAYER IS INSTALLED IN CONNECTION WITH RESIDEN-
TIAL PROPERTY WHICH IS (I) LOCATED IN THIS STATE AND (II) WHICH IS USED
BY THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE AT THE TIME THE GEOTH-
ERMAL ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
(III) THE PURCHASE OF POWER UNDER A WRITTEN AGREEMENT THAT SPANS AT
LEAST TEN YEARS WHEREUNDER THE POWER PURCHASED IS GENERATED BY GEOTHER-
MAL ENERGY SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER
WHICH IS INSTALLED IN CONNECTION WITH RESIDENTIAL PROPERTY WHICH IS (I)
LOCATED IN THIS STATE AND (II) USED BY THE TAXPAYER AS HIS OR HER PRIN-
CIPAL RESIDENCE AT THE TIME THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PLACED IN SERVICE.
(B) SUCH QUALIFIED EXPENDITURES SHALL INCLUDE EXPENDITURES FOR MATERI-
ALS, LABOR COSTS PROPERLY ALLOCABLE TO ON-SITE PREPARATION, ASSEMBLY AND
ORIGINAL INSTALLATION, ARCHITECTURAL AND ENGINEERING SERVICES, AND
DESIGNS AND PLANS DIRECTLY RELATED TO THE CONSTRUCTION OR INSTALLATION
OF THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT.
(C) SUCH QUALIFIED EXPENDITURES FOR THE PURCHASE OF GEOTHERMAL ENERGY
SYSTEM EQUIPMENT SHALL NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES.
(D) SUCH QUALIFIED EXPENDITURES FOR THE LEASE OF GEOTHERMAL ENERGY
SYSTEM EQUIPMENT OR THE PURCHASE OF POWER UNDER AN AGREEMENT DESCRIBED
IN CLAUSE (II) OR (III) OF SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL
INCLUDE AN AMOUNT EQUAL TO ALL PAYMENTS MADE DURING THE TAXABLE YEAR
UNDER SUCH AGREEMENT. PROVIDED, HOWEVER, SUCH CREDITS SHALL ONLY BE
ALLOWED FOR FOURTEEN YEARS AFTER THE FIRST TAXABLE YEAR IN WHICH SUCH
CREDIT IS ALLOWED. PROVIDED FURTHER, HOWEVER, THE TWENTY-FIVE PERCENT
LIMITATION IN PARAGRAPH ONE OF THIS SUBSECTION SHALL ONLY APPLY TO THE
TOTAL AGGREGATE AMOUNT OF ALL PAYMENTS TO BE MADE PURSUANT TO AN AGREE-
MENT REFERENCED IN CLAUSE (II) OR (III) OF SUBPARAGRAPH (A) OF THIS
PARAGRAPH, AND SHALL NOT APPLY TO INDIVIDUAL PAYMENTS MADE DURING A
TAXABLE YEAR UNDER SUCH AGREEMENT EXCEPT TO THE EXTENT SUCH LIMITATION
ON AN AGGREGATE BASIS HAS BEEN REACHED.
(3) GEOTHERMAL ENERGY SYSTEM EQUIPMENT. THE TERM "GEOTHERMAL ENERGY
SYSTEM EQUIPMENT" SHALL MEAN A SYSTEM WHOSE ORIGINAL USE BEGINS WITH THE
TAXPAYER; WHICH MEETS THE ELIGIBILITY CRITERIA, IF ANY, PRESCRIBED BY
THE DEPARTMENT; AND WHICH IS A GROUND COUPLED SOLAR THERMAL SYSTEM THAT
UTILIZES THE SOLAR THERMAL ENERGY STORED IN THE GROUND OR IN BODIES OF
WATER TO PRODUCE HEAT, AND WHICH IS COMMONLY KNOWN AS OR REFERRED TO AS
A GROUND SOURCE HEAT PUMP SYSTEM.
(4) MULTIPLE TAXPAYERS. WHERE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PURCHASED AND INSTALLED IN A PRINCIPAL RESIDENCE SHARED BY TWO OR MORE
TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR
EACH SUCH TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENTAGE OF THE
A. 9009--B 84
TOTAL EXPENDITURE FOR SUCH GEOTHERMAL ENERGY SYSTEM EQUIPMENT CONTRIB-
UTED BY EACH TAXPAYER.
(5) PROPORTIONATE SHARE. WHERE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS
PURCHASED AND INSTALLED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A
COOPERATIVE HOUSING CORPORATION, A TAXPAYER WHO IS A MEMBER OF THE
CONDOMINIUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE
COOPERATIVE HOUSING CORPORATION MAY FOR THE PURPOSE OF THIS SUBSECTION
CLAIM A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE FOR
THE PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE.
(6) GRANTS. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE EXPENDITURE
INCURRED IN PURCHASING AND INSTALLING GEOTHERMAL ENERGY SYSTEM EQUIP-
MENT, THE AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT RECEIVED BY THE
TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTALLATION OF SUCH
EQUIPMENT AND WHICH WAS NOT INCLUDED IN THE FEDERAL GROSS INCOME OF THE
TAXPAYER, SHALL NOT BE INCLUDED IN THE AMOUNT OF SUCH EXPENDITURES.
(7) WHEN CREDIT ALLOWED. THE CREDIT PROVIDED FOR HEREIN SHALL BE
ALLOWED WITH RESPECT TO THE TAXABLE YEAR, COMMENCING AFTER TWO THOUSAND
SIXTEEN, IN WHICH THE GEOTHERMAL ENERGY SYSTEM EQUIPMENT IS PLACED IN
SERVICE.
(8) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
S 2. This act shall take effect immediately and shall apply to taxable
years commencing on and after January 1, 2016.
PART RR
Section 1. Section 1115 of the tax law is amended by adding a new
subdivision (kk) to read as follows:
(KK) THE FOLLOWING SHALL BE EXEMPT FROM TAX UNDER THIS ARTICLE: (1)
RECEIPTS FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR CONTRACTED
TO BE GIVEN FOR, OR FOR THE USE OF, COMMERCIAL FUEL CELL ELECTRICITY
GENERATING SYSTEMS EQUIPMENT AND THE SERVICE OF INSTALLING SUCH SYSTEMS.
FOR THE PURPOSES OF THIS SUBDIVISION, "FUEL CELL ELECTRICITY GENERATING
SYSTEMS EQUIPMENT" SHALL MEAN AN ELECTRICITY GENERATING ARRANGEMENT OR
COMBINATION OF COMPONENTS INSTALLED UPON NON-RESIDENTIAL PREMISES THAT
UTILIZE A SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR
PHOSPHORIC ACID FUEL CELL OR LINEAR GENERATOR THAT IS MANUFACTURED,
INSTALLED, OPERATED AND LOCATED IN THIS STATE. SUCH ARRANGEMENT OR
COMPONENTS SHALL NOT INCLUDE EQUIPMENT THAT IS PART OF A NON-FUEL CELL
ENERGY SYSTEM.
(2) RECEIPTS FROM THE SALE OF ELECTRICITY BY A PERSON PRIMARILY
ENGAGED IN THE SALE OF FUEL CELL ELECTRICITY GENERATING SYSTEM EQUIPMENT
AND/OR ELECTRICITY GENERATED BY SUCH EQUIPMENT PURSUANT TO A WRITTEN
AGREEMENT UNDER WHICH THE ELECTRICITY IS GENERATED BY COMMERCIAL FUEL
CELL ELECTRICITY GENERATING SYSTEM EQUIPMENT THAT IS: (A) OWNED BY A
PERSON OTHER THAN THE PURCHASER OF SUCH ELECTRICITY; (B) INSTALLED ON
THE NON-RESIDENTIAL PREMISES OF THE PURCHASER OF SUCH ELECTRICITY; (C)
PLACED IN SERVICE; AND (D) LOCATED IN THIS STATE TO PROVIDE HEATING,
COOLING, HOT WATER OR ELECTRICITY TO SUCH PREMISES.
S 2. Paragraphs 1 and 4 of subdivision (a) of section 1210 of the tax
law, as amended by section 3 of part Z of chapter 59 of the laws of
2015, is amended to read as follows:
A. 9009--B 85
(1) Either, all of the taxes described in article twenty-eight of this
chapter, at the same uniform rate, as to which taxes all provisions of
the local laws, ordinances or resolutions imposing such taxes shall be
identical, except as to rate and except as otherwise provided, with the
corresponding provisions in such article twenty-eight, including the
definition and exemption provisions of such article, so far as the
provisions of such article twenty-eight can be made applicable to the
taxes imposed by such city or county and with such limitations and
special provisions as are set forth in this article. The taxes author-
ized under this subdivision may not be imposed by a city or county
unless the local law, ordinance or resolution imposes such taxes so as
to include all portions and all types of receipts, charges or rents,
subject to state tax under sections eleven hundred five and eleven
hundred ten of this chapter, except as otherwise provided. (i) Any local
law, ordinance or resolution enacted by any city of less than one
million or by any county or school district, imposing the taxes author-
ized by this subdivision, shall, notwithstanding any provision of law to
the contrary, exclude from the operation of such local taxes all sales
of tangible personal property for use or consumption directly and
predominantly in the production of tangible personal property, gas,
electricity, refrigeration or steam, for sale, by manufacturing, proc-
essing, generating, assembly, refining, mining or extracting; and all
sales of tangible personal property for use or consumption predominantly
either in the production of tangible personal property, for sale, by
farming or in a commercial horse boarding operation, or in both; and,
unless such city, county or school district elects otherwise, shall omit
the provision for credit or refund contained in clause six of subdivi-
sion (a) or subdivision (d) of section eleven hundred nineteen of this
chapter. (ii) Any local law, ordinance or resolution enacted by any
city, county or school district, imposing the taxes authorized by this
subdivision, shall omit the residential solar energy systems equipment
and electricity exemption provided for in subdivision (ee), the commer-
cial solar energy systems equipment and electricity exemption provided
for in subdivision (ii), THE COMMERCIAL FUEL CELL ELECTRICITY GENERATING
SYSTEMS EQUIPMENT AND ELECTRICITY GENERATED BY SUCH EQUIPMENT EXEMPTION
PROVIDED FOR IN SUBDIVISION (KK) and the clothing and footwear exemption
provided for in paragraph thirty of subdivision (a) of section eleven
hundred fifteen of this chapter, unless such city, county or school
district elects otherwise as to [either] such residential solar energy
systems equipment and electricity exemption, such commercial solar ener-
gy systems equipment and electricity exemption, COMMERCIAL FUEL CELL
ELECTRICITY GENERATING SYSTEMS EQUIPMENT AND ELECTRICITY GENERATED BY
SUCH EQUIPMENT EXEMPTION or such clothing and footwear exemption.
(4) Notwithstanding any other provision of law to the contrary, any
local law enacted by any city of one million or more that imposes the
taxes authorized by this subdivision (i) may omit the exception provided
in subparagraph (ii) of paragraph three of subdivision (c) of section
eleven hundred five of this chapter for receipts from laundering, dry-
cleaning, tailoring, weaving, pressing, shoe repairing and shoe shining;
(ii) may impose the tax described in paragraph six of subdivision (c) of
section eleven hundred five of this chapter at a rate in addition to the
rate prescribed by this section not to exceed two percent in multiples
of one-half of one percent; (iii) shall provide that the tax described
in paragraph six of subdivision (c) of section eleven hundred five of
this chapter does not apply to facilities owned and operated by the city
or an agency or instrumentality of the city or a public corporation the
A. 9009--B 86
majority of whose members are appointed by the chief executive officer
of the city or the legislative body of the city or both of them; (iv)
shall not include any tax on receipts from, or the use of, the services
described in paragraph seven of subdivision (c) of section eleven
hundred five of this chapter; (v) shall provide that, for purposes of
the tax described in subdivision (e) of section eleven hundred five of
this chapter, "permanent resident" means any occupant of any room or
rooms in a hotel for at least one hundred eighty consecutive days with
regard to the period of such occupancy; (vi) may omit the exception
provided in paragraph one of subdivision (f) of section eleven hundred
five of this chapter for charges to a patron for admission to, or use
of, facilities for sporting activities in which the patron is to be a
participant, such as bowling alleys and swimming pools; (vii) may
provide the clothing and footwear exemption in paragraph thirty of
subdivision (a) of section eleven hundred fifteen of this chapter, and,
notwithstanding any provision of subdivision (d) of this section to the
contrary, any local law providing for such exemption or repealing such
exemption, may go into effect on any one of the following dates: March
first, June first, September first or December first; (viii) shall omit
the exemption provided in paragraph forty-one of subdivision (a) of
section eleven hundred fifteen of this chapter; (ix) shall omit the
exemption provided in subdivision (c) of section eleven hundred fifteen
of this chapter insofar as it applies to fuel, gas, electricity, refrig-
eration and steam, and gas, electric, refrigeration and steam service of
whatever nature for use or consumption directly and exclusively in the
production of gas, electricity, refrigeration or steam; (x) shall omit,
unless such city elects otherwise, the provision for refund or credit
contained in clause six of subdivision (a) or in subdivision (d) of
section eleven hundred nineteen of this chapter; (xi) shall provide that
section eleven hundred five-C of this chapter does not apply to such
taxes, and shall tax receipts from every sale, other than sales for
resale, of gas service or electric service of whatever nature, including
the transportation, transmission or distribution of gas or electricity,
even if sold separately, at the rate set forth in clause one of subpara-
graph (i) of the opening paragraph of this section; (xii) shall omit,
unless such city elects otherwise, the exemption for residential solar
energy systems equipment and electricity provided in subdivision (ee) of
section eleven hundred fifteen of this chapter; [and] (xiii) shall omit,
unless such city elects otherwise, the exemption for commercial solar
energy systems equipment and electricity provided in subdivision (ii) of
section eleven hundred fifteen of this chapter; AND (XIV) SHALL OMIT,
UNLESS SUCH CITY ELECTS OTHERWISE, THE EXEMPTION FOR COMMERCIAL FUEL
CELL ELECTRICITY GENERATING SYSTEMS EQUIPMENT AND ELECTRICITY GENERATED
BY SUCH EQUIPMENT PROVIDED IN SUBDIVISION (KK) OF SECTION ELEVEN HUNDRED
FIFTEEN OF THIS CHAPTER. Any reference in this chapter or in any local
law, ordinance or resolution enacted pursuant to the authority of this
article to former subdivisions (n) or (p) of this section shall be
deemed to be a reference to clauses (xii) [or], (xiii) OR (XIV) of this
paragraph, respectively, and any such local law, ordinance or resolution
that provides the exemptions provided in such former subdivisions (n)
and/or (p) shall be deemed instead to provide the exemptions provided in
clauses (xii) [and/or], (xiii) AND/OR (XIV) of this paragraph.
S 3. Paragraph 1 of subdivision (b) of section 1210 of the tax law, as
amended by section 4 of part Z of chapter 59 of the laws of 2015, is
amended to read as follows:
A. 9009--B 87
(1) Or, one or more of the taxes described in subdivisions (b), (d),
(e) and (f) of section eleven hundred five of this chapter, at the same
uniform rate, including the transitional provisions in section eleven
hundred six of this chapter covering such taxes, but not the taxes
described in subdivisions (a) and (c) of section eleven hundred five of
this chapter. Provided, further, that where the tax described in subdi-
vision (b) of section eleven hundred five of this chapter is imposed,
the compensating use taxes described in clauses (E), (G) and (H) of
subdivision (a) of section eleven hundred ten of this chapter shall also
be imposed. Provided, further, that where the taxes described in subdi-
vision (b) of section eleven hundred five are imposed, such taxes shall
omit: (A) the provision for refund or credit contained in subdivision
(d) of section eleven hundred nineteen of this chapter with respect to
such taxes described in such subdivision (b) of section eleven hundred
five unless such city or county elects to provide such provision or, if
so elected, to repeal such provision; (B) the exemption provided in
paragraph two of subdivision (ee) of section eleven hundred fifteen of
this chapter unless such county or city elects otherwise; [and] (C) the
exemption provided in paragraph two of subdivision (ii) of section elev-
en hundred fifteen of this chapter, unless such county or city elects
otherwise; AND (D) THE EXEMPTION PROVIDED IN PARAGRAPH TWO OF SUBDIVI-
SION (KK) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER, UNLESS SUCH
COUNTY OR CITY ELECTS OTHERWISE.
S 4. Subdivision (d) of section 1210 of the tax law, as amended by
section 4-a of part Z of chapter 59 of the laws of 2015, is amended to
read as follows:
(d) A local law, ordinance or resolution imposing any tax pursuant to
this section, increasing or decreasing the rate of such tax, repealing
or suspending such tax, exempting from such tax the energy sources and
services described in paragraph three of subdivision (a) or of subdivi-
sion (b) of this section or changing the rate of tax imposed on such
energy sources and services or providing for the credit or refund
described in clause six of subdivision (a) of section eleven hundred
nineteen of this chapter, or electing or repealing the exemption for
residential solar equipment and electricity in subdivision (ee) of
section eleven hundred fifteen of this article, or the exemption for
commercial solar equipment and electricity in subdivision (ii) of
section eleven hundred fifteen of this article, OR ELECTING OR REPEALING
THE EXEMPTION FOR COMMERCIAL FUEL CELL ELECTRICITY GENERATING SYSTEMS
EQUIPMENT AND ELECTRICITY GENERATED BY SUCH EQUIPMENT IN SUBDIVISION
(KK) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE must go into
effect only on one of the following dates: March first, June first,
September first or December first; provided, that a local law, ordinance
or resolution providing for the exemption described in paragraph thirty
of subdivision (a) of section eleven hundred fifteen of this chapter or
repealing any such exemption or a local law, ordinance or resolution
providing for a refund or credit described in subdivision (d) of section
eleven hundred nineteen of this chapter or repealing such provision so
provided must go into effect only on March first. No such local law,
ordinance or resolution shall be effective unless a certified copy of
such law, ordinance or resolution is mailed by registered or certified
mail to the commissioner at the commissioner's office in Albany at least
ninety days prior to the date it is to become effective. However, the
commissioner may waive and reduce such ninety-day minimum notice
requirement to a mailing of such certified copy by registered or certi-
fied mail within a period of not less than thirty days prior to such
A. 9009--B 88
effective date if the commissioner deems such action to be consistent
with the commissioner's duties under section twelve hundred fifty of
this article and the commissioner acts by resolution. Where the
restriction provided for in section twelve hundred twenty-three of this
article as to the effective date of a tax and the notice requirement
provided for therein are applicable and have not been waived, the
restriction and notice requirement in section twelve hundred twenty-
three of this article shall also apply.
S 5. Subdivision (a) of section 1212 of the tax law, as amended by
section 6 of part Z of chapter 59 of the laws of 2015, is amended to
read as follows:
(a) Any school district which is coterminous with, partly within or
wholly within a city having a population of less than one hundred twen-
ty-five thousand, is hereby authorized and empowered, by majority vote
of the whole number of its school authorities, to impose for school
district purposes, within the territorial limits of such school district
and without discrimination between residents and nonresidents thereof,
the taxes described in subdivision (b) of section eleven hundred five
(but excluding the tax on prepaid telephone calling services) and the
taxes described in clauses (E) and (H) of subdivision (a) of section
eleven hundred ten, including the transitional provisions in subdivision
(b) of section eleven hundred six of this chapter, so far as such
provisions can be made applicable to the taxes imposed by such school
district and with such limitations and special provisions as are set
forth in this article, such taxes to be imposed at the rate of one-half,
one, one and one-half, two, two and one-half or three percent which rate
shall be uniform for all portions and all types of receipts and uses
subject to such taxes. In respect to such taxes, all provisions of the
resolution imposing them, except as to rate and except as otherwise
provided herein, shall be identical with the corresponding provisions in
such article twenty-eight of this chapter, including the applicable
definition and exemption provisions of such article, so far as the
provisions of such article twenty-eight of this chapter can be made
applicable to the taxes imposed by such school district and with such
limitations and special provisions as are set forth in this article. The
taxes described in subdivision (b) of section eleven hundred five (but
excluding the tax on prepaid telephone calling service) and clauses (E)
and (H) of subdivision (a) of section eleven hundred ten, including the
transitional provision in subdivision (b) of such section eleven hundred
six of this chapter, may not be imposed by such school district unless
the resolution imposes such taxes so as to include all portions and all
types of receipts and uses subject to tax under such subdivision (but
excluding the tax on prepaid telephone calling service) and clauses.
Provided, however, that, where a school district imposes such taxes,
such taxes shall omit the provision for refund or credit contained in
subdivision (d) of section eleven hundred nineteen of this chapter with
respect to such taxes described in such subdivision (b) of section elev-
en hundred five unless such school district elects to provide such
provision or, if so elected, to repeal such provision, and shall omit
the exemptions provided in paragraph two of subdivision (ee) and para-
graph two of subdivision (ii) of section eleven hundred fifteen of this
chapter unless such school district elects otherwise, AND SHALL OMIT THE
EXEMPTION PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (KK) OF SECTION ELEV-
EN HUNDRED FIFTEEN OF THIS CHAPTER UNLESS SUCH SCHOOL DISTRICT ELECTS
OTHERWISE.
A. 9009--B 89
S 6. Section 1224 of the tax law is amended by adding a new subdivi-
sion (c-2) to read as follows:
(C-2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW: (1) WHERE A COUNTY
CONTAINING ONE OR MORE CITIES WITH A POPULATION OF LESS THAN ONE MILLION
HAS ELECTED THE EXEMPTION FOR COMMERCIAL FUEL CELL ELECTRICITY GENERAT-
ING SYSTEMS EQUIPMENT AND ELECTRICITY GENERATED BY SUCH EQUIPMENT
PROVIDED IN SUBDIVISION (KK) OF SUCH SECTION ELEVEN HUNDRED FIFTEEN, A
CITY WITHIN SUCH COUNTY SHALL HAVE THE PRIOR RIGHT TO IMPOSE TAX ON SUCH
EXEMPT EQUIPMENT AND/OR ELECTRICITY TO THE EXTENT OF ONE HALF OF THE
MAXIMUM RATES AUTHORIZED UNDER SUBDIVISION (A) OF SECTION TWELVE HUNDRED
TEN OF THIS ARTICLE;
(2) WHERE A CITY OF LESS THAN ONE MILLION HAS ELECTED THE EXEMPTION
FOR COMMERCIAL FUEL CELL ELECTRICITY GENERATING SYSTEMS EQUIPMENT AND
ELECTRICITY GENERATED BY SUCH EQUIPMENT PROVIDED IN SUBDIVISION (KK) OF
SUCH SECTION ELEVEN HUNDRED FIFTEEN, THE COUNTY IN WHICH SUCH CITY IS
LOCATED SHALL HAVE THE PRIOR RIGHT TO IMPOSE TAX ON SUCH EXEMPT EQUIP-
MENT AND/OR ELECTRICITY TO THE EXTENT OF ONE HALF OF THE MAXIMUM RATES
AUTHORIZED UNDER SUBDIVISION (A) OF SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE.
S 7. This act shall take effect June 1, 2016; and this act shall apply
in accordance with the applicable transitional provisions in sections
1106 and 1217 of the tax law.
PART SS
Section 1. The tax law is amended by adding a new section 42 to read
as follows:
S 42. FARM SAVINGS ACCOUNTS. 1. DEFINITIONS. (A) QUALIFIED FARMER. FOR
PURPOSES OF THIS SECTION, THE TERM "QUALIFIED FARMER" MEANS, WITH
RESPECT TO ANY TAXABLE YEAR, A TAXPAYER WHO, DURING SUCH YEAR, PRIMARILY
ENGAGES IN AND DERIVES INCOME FROM A FARM BUSINESS.
(B) FARM SAVINGS ACCOUNT. A FARM SAVINGS ACCOUNT MAY BE CREATED BY A
TAXPAYER. FOR PURPOSES OF THIS SECTION, THE TERM "FARM SAVINGS ACCOUNT"
MEANS A TRUST CREATED OR ORGANIZED IN THE UNITED STATES AS A FARM
SAVINGS ACCOUNT EXCLUSIVELY FOR THE PURPOSE OF MAKING QUALIFIED DISTRIB-
UTIONS FOR PURPOSES OF FARM SUSTAINABILITY, BUT ONLY IF THE WRITTEN
GOVERNING INSTRUMENT CREATING THE TRUST MEETS THE FOLLOWING REQUIRE-
MENTS:
(I) NO CONTRIBUTION WILL BE ACCEPTED UNLESS IT IS IN CASH;
(II) THE TRUSTEE IS A BANK, CREDIT UNION OR OTHER APPROPRIATE INSTITU-
TION THAT DEMONSTRATES ADMINISTRATION OF THE TRUST IN A MANNER THAT IS
CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION;
(III) THE ASSETS OF THE TRUST WILL NOT BE COMMINGLED WITH OTHER PROP-
ERTY EXCEPT IN A COMMON TRUST FUND OR COMMON INVESTMENT FUND;
(IV) THE INTEREST OF AN INDIVIDUAL IN THE BALANCE IN HIS OR HER
ACCOUNT IS NON-FORFEITABLE; AND
(V) SUCH ACCOUNT IS A RESIDENT TRUST AS DEFINED IN PARAGRAPH THREE OF
SUBSECTION (B) OF SECTION SIX HUNDRED FIVE OF THIS CHAPTER.
(C) QUALIFIED DISTRIBUTION. THE TERM "QUALIFIED DISTRIBUTION" MEANS
ANY AMOUNT PAID FROM A FARM SAVINGS ACCOUNT TO THE ACCOUNT BENEFICIARY
EXCLUSIVELY FOR PURPOSES OF FARM SUSTAINABILITY TO THE EXTENT IT IS
ALLOWED UNDER THIS SECTION.
(D) ACCOUNT BENEFICIARY. THE TERM "ACCOUNT BENEFICIARY" MEANS THE
TAXPAYER OR FARM BUSINESS ON WHOSE BEHALF THE FARM SAVINGS ACCOUNT IS
ESTABLISHED.
A. 9009--B 90
(E) NON-QUALIFIED DISTRIBUTION. THE TERM "NON-QUALIFIED DISTRIBUTION"
MEANS ANY DISTRIBUTIONS AND ANY OTHER CONDITIONS SET FORTH IN PARAGRAPHS
(C) AND (D) OF THIS SUBDIVISION OTHER THAN THE QUALIFIED DISTRIBUTION.
2. PROGRAM DESCRIPTION. (A) DEDUCTIONS ALLOWED. IN THE CASE OF A QUAL-
IFIED FARMER, THERE SHALL BE ALLOWED AS A DEDUCTION FOR THE TAXABLE YEAR
AN AMOUNT EQUAL TO THE AGGREGATE AMOUNT PAID IN CASH DURING SUCH TAXABLE
YEAR BY OR ON BEHALF OF SUCH ACCOUNT BENEFICIARY TO A FARM SAVINGS
ACCOUNT OF SUCH BENEFICIARY.
(B) CONTRIBUTION REQUIREMENT. THERE SHALL BE A MAXIMUM CONTRIBUTION
LIMIT OF ELEVEN THOUSAND DOLLARS PER TAXABLE YEAR AND SUCH AMOUNT SHALL
BE LIMITED AT A TAX ENTITY LEVEL. IN ADDITION, SUCH ANNUAL CONTRIBUTIONS
MAY NOT EXCEED NEW YORK GROSS FARM INCOME ATTRIBUTABLE TO FARMING DURING
THE TAXABLE YEAR.
(C) TAX TREATMENT OF ACCOUNTS. A FARM SAVINGS ACCOUNT SHALL BE SUBJECT
TO TAXATION UNDER THIS CHAPTER IF SUCH ACCOUNT HAS CEASED TO BE A FARM
SAVINGS ACCOUNT.
(D) TERMINATION OF ACCOUNTS. IF THE ACCOUNT BENEFICIARY CEASES TO
ENGAGE IN FARM BUSINESS, THE FARM SAVINGS ACCOUNT OF SUCH BENEFICIARY
SHALL CEASE TO BE SUCH ACCOUNT AND THE BALANCE OF SUCH ACCOUNT SHALL BE
TREATED AS (I) DISTRIBUTED TO SUCH BENEFICIARY AND (II) NOT PAID IN A
QUALIFIED DISTRIBUTION.
(E) TAX TREATMENT OF DISTRIBUTIONS. (I) GENERAL. IN GENERAL, ANY QUAL-
IFIED DISTRIBUTIONS FROM A FARM SAVINGS ACCOUNT SHALL BE INCLUDED IN
TAXABLE INCOME.
(II) ADDITIONAL TAX ON NON-QUALIFIED DISTRIBUTIONS. (1) IN ADDITION TO
ANY OTHER TAX IMPOSED BY THIS CHAPTER, ANY NON-QUALIFIED DISTRIBUTION
FROM A FARM SAVINGS ACCOUNT SHALL BE SUBJECT TO A FIFTEEN PERCENT
SURCHARGE ON THE AMOUNT OF SUCH NON-QUALIFIED DISTRIBUTION.
(2) CLAUSE ONE OF THIS SUBPARAGRAPH SHALL NOT APPLY IF THE PAYMENT OR
DISTRIBUTION IS MADE AFTER THE ACCOUNT BENEFICIARY BECOMES DISABLED OR
DIES. FOR PURPOSES OF THIS CLAUSE "DISABLED" SHALL HAVE THE SAME MEANING
AS SET FORTH IN SECTION 223(D)(1) OF THE SOCIAL SECURITY ACT.
(III) ROLLOVER CONTRIBUTIONS. FOR PURPOSES OF THIS SECTION, ANY AMOUNT
PAID OR DISTRIBUTED FROM A FARM SAVINGS ACCOUNT TO THE ACCOUNT BENEFICI-
ARY SHALL BE TREATED AS A QUALIFIED DISTRIBUTION TO THE EXTENT THE
AMOUNT RECEIVED IS PAID INTO A FARM SAVINGS ACCOUNT FOR THE BENEFIT OF
SUCH BENEFICIARY NOT LATER THAN THE SIXTIETH DAY AFTER THE DAY ON WHICH
THE BENEFICIARY RECEIVES THE PAYMENT OR DISTRIBUTION.
(IV) TRANSFER OF ACCOUNT INCIDENT TO DIVORCE. THE TRANSFER OF AN INDI-
VIDUAL'S INTEREST IN A FARM SAVINGS ACCOUNT TO AN INDIVIDUAL'S SPOUSE OR
FORMER SPOUSE UNDER A DIVORCE OR SEPARATION INSTRUMENT SHALL NOT BE
CONSIDERED A TAXABLE TRANSFER MADE BY SUCH INDIVIDUAL NOTWITHSTANDING
ANY OTHER PROVISION OF THIS SECTION, AND SUCH INTEREST SHALL, AFTER SUCH
TRANSFER, BE TREATED AS A FARM SAVINGS ACCOUNT WITH RESPECT TO WHICH
SUCH SPOUSE IS THE ACCOUNT BENEFICIARY.
(V) TREATMENT AFTER DEATH OF ACCOUNT BENEFICIARY. (1) TREATMENT IF
DESIGNATED BENEFICIARY IS SPOUSE. IF THE ACCOUNT BENEFICIARY'S SURVIVING
SPOUSE ACQUIRES SUCH BENEFICIARY'S INTEREST IN A FARM SAVINGS ACCOUNT BY
REASON OF BEING THE DESIGNATED BENEFICIARY OF SUCH ACCOUNT AT THE DEATH
OF THE ACCOUNT BENEFICIARY, SUCH FARM SAVINGS ACCOUNT SHALL BE TREATED
AS IF THE SPOUSE WERE THE ACCOUNT BENEFICIARY.
(VI) OTHER CASES. IF, BY REASON OF THE DEATH OF THE ACCOUNT BENEFICI-
ARY, ANY PERSON ACQUIRES THE ACCOUNT BENEFICIARY'S INTEREST IN A FARM
SAVINGS ACCOUNT IN A CASE TO WHICH CLAUSE ONE OF THIS SUBPARAGRAPH DOES
NOT APPLY:
A. 9009--B 91
(A) SUCH ACCOUNT SHALL CEASE TO BE A FARM SAVINGS ACCOUNT AS OF THE
DATE OF DEATH, AND
(B) AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF THE ASSETS IN SUCH
ACCOUNT ON SUCH DATE SHALL BE INCLUDED IN SUCH PERSON'S TAXABLE INCOME
FOR THE TAXABLE YEAR WHICH INCLUDES SUCH DATE IF SUCH PERSON IS NOT THE
ESTATE OF SUCH BENEFICIARY; OR IF SUCH PERSON IS THE ESTATE OF SUCH
BENEFICIARY, IN SUCH BENEFICIARY'S GROSS INCOME FOR THE LAST TAXABLE
YEAR OF SUCH BENEFICIARY.
S 2. Subsection (b) of section 612 of the tax law is amended by adding
a new paragraph 43 to read as follows:
(43) ANY QUALIFIED DISTRIBUTIONS AND NON-QUALIFIED DISTRIBUTIONS MADE
FROM A FARM SAVINGS ACCOUNT UNDER SECTION FORTY-TWO OF THIS CHAPTER TO
THE EXTENT SUCH DISTRIBUTIONS AND NON-DISTRIBUTIONS ARE TAXABLE UNDER
SECTION FORTY-TWO OF THIS CHAPTER.
S 2-a. Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 22 to read as follows:
(22) ANY QUALIFIED DISTRIBUTIONS AND NON-QUALIFIED DISTRIBUTIONS MADE
FROM A FARM SAVINGS ACCOUNT UNDER SECTION FORTY-TWO OF THIS CHAPTER TO
THE EXTENT SUCH DISTRIBUTIONS AND NON-DISTRIBUTIONS ARE TAXABLE UNDER
SECTION FORTY-TWO OF THIS CHAPTER.
S 3. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 44 to read as follows:
(44) AN AMOUNT EQUAL TO ANY QUALIFIED CONTRIBUTION TO A FARM SAVINGS
ACCOUNT ESTABLISHED PURSUANT TO SECTION FORTY-TWO OF THIS CHAPTER.
S 4. Subdivision 4 of section 209 of the tax law, as separately
amended by section 2 of part FF-1 of chapter 57 of the laws of 2008 and
section 5 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
4. Corporations liable to tax under sections one hundred eighty-three
to one hundred eighty-five, inclusive, corporations taxable under arti-
cle thirty-three of this chapter, any trust company organized under a
law of this state all of the stock of which is owned by not less than
twenty savings banks organized under a law of this state, a captive REIT
or a captive RIC filing a combined return under subdivision (f) of
section fifteen hundred fifteen of this chapter, and housing companies
organized and operating pursuant to the provisions of article two or
article five of the private housing finance law and housing development
fund companies organized pursuant to the provisions of article eleven of
the private housing finance law, AND A FARM SAVINGS ACCOUNT PROPERLY
ESTABLISHED UNDER SECTION FORTY-TWO OF THIS CHAPTER TO THE EXTENT SUCH
ACCOUNT MEETS THE CONDITIONS SET FORTH IN SUCH SECTION, shall not be
subject to tax under this article.
S 5. Subdivision 4 of section 209 of the tax law, as amended by
section 5 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
4. Corporations liable to tax under sections one hundred eighty-three
to one hundred eighty-four-a, inclusive, corporations taxable under
article thirty-three of this chapter, any trust company organized under
a law of this state all of the stock of which is owned by not less than
twenty savings banks organized under a law of this state, a captive REIT
or a captive RIC filing a combined return under subdivision (f) of
section fifteen hundred fifteen of this chapter, and housing companies
organized and operating pursuant to the provisions of article two or
article five of the private housing finance law and housing development
fund companies organized pursuant to the provisions of article eleven of
the private housing finance law, AND A FARM SAVINGS ACCOUNT PROPERLY
A. 9009--B 92
ESTABLISHED UNDER SECTION FORTY-TWO OF THIS CHAPTER TO THE EXTENT SUCH
ACCOUNT MEETS THE CONDITIONS SET FORTH IN SUCH SECTION, shall not be
subject to tax under this article.
S 6. Section 601 of the tax law is amended by adding a new subsection
(g-1) to read as follows:
(G-1) FARM SAVINGS ACCOUNT. A FARM SAVINGS ACCOUNT PROPERLY ESTAB-
LISHED UNDER SECTION FORTY-TWO OF THIS CHAPTER SHALL NOT BE SUBJECT TO
TAX UNDER THIS ARTICLE TO THE EXTENT SUCH ACCOUNT MEETS THE CONDITIONS
SET FORTH IN SUCH SECTION.
S 7. This act shall take effect immediately and shall apply to taxable
years commencing on and after January 1, 2016; provided, however, that
section five of this act shall take effect on the same date and in the
same manner as section 27 of part S of chapter 59 of the laws of 2014,
takes effect. Effective immediately, the commissioner of taxation and
finance may add, amend, or repeal any rule or regulation necessary to
timely implement the provisions of this act on its effective date.
PART TT
Section 1. This act enacts into law major components of legislation
which are necessary to implement legislation relating to the imposition
of hotel and motel occupancy taxes in towns and villages. Each component
is wholly contained within a Subpart identified as Subparts A through B.
The effective date for each particular provision contained within such
Subparts is set forth in the last section of each Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this act sets forth the general effective
date of this act.
SUBPART A
Section 1. This act enacts into law major components of legislation
which are necessary to implement legislation relating to the imposition
of hotel and motel occupancy taxes in certain towns and villages. Each
component is wholly contained within a Title identified as Titles A
through G. The effective date for each particular provision contained
within such Titles is set forth in the last section of such Title. Any
provision in any section contained within a Title, including the effec-
tive date of the Title, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Title in
which it is found. Section three of this subpart sets forth the general
effective date of this subpart.
TITLE A
Section 1. The tax law is amended by adding a new section 1202-z-1 to
read as follows:
S 1202-Z-1. OCCUPANCY TAX IN THE VILLAGE OF TUCKAHOE. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE VILLAGE OF
TUCKAHOE, IN THE COUNTY OF WESTCHESTER, IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH VILLAGE A TAX,
IN ADDITION TO ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS
A. 9009--B 93
ARTICLE, SUCH AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHOR-
ITY TO IMPOSE UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY HOTEL. FOR
THE PURPOSES OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A BUILDING OR
PORTION OF IT WHICH IS REGULARLY USED AND KEPT OPEN AS SUCH FOR THE
LODGING OF GUESTS. THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL, A MOTEL
OR A BOARDING HOUSE, WHETHER OR NOT MEALS ARE SERVED. THE RATE OF SUCH
TAX SHALL NOT EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
(2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE VILLAGE OF TUCKAHOE BY SUCH MEANS AND IN SUCH MANNER AS
OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER OR
AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE FOR THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL,
MOTEL OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON
ACCOUNT OF THE VILLAGE OF TUCKAHOE IMPOSING THE TAX AND THAT SUCH OWNER
OR PERSON ENTITLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE FOR THE
COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON ENTI-
TLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT
TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE PERSON
OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL
OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES WERE A PART OF
THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE RENT OR CHARGE;
PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE VILLAGE, SPECI-
FIED IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY ACTION OR
PROCEEDING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON
ENTITLED TO BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED
IN THIS PARAGRAPH.
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
A. 9009--B 94
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE VILLAGE OF TUCKAHOE
AND SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE
VILLAGE. SUCH REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
A. 9009--B 95
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed September 1, 2019.
TITLE B
Section 1. The tax law is amended by adding a new section 1202-z-2 to
read as follows:
S 1202-Z-2. OCCUPANCY TAX IN THE TOWN OF NORTH CASTLE. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE TOWN OF NORTH
CASTLE, IN THE COUNTY OF WESTCHESTER, IS HEREBY AUTHORIZED AND EMPOWERED
TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH TOWN A TAX, IN ADDITION
TO ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS ARTICLE, SUCH
AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHORITY TO IMPOSE
UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY HOTEL. FOR THE PURPOSES
OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A BUILDING OR PORTION OF IT
WHICH IS REGULARLY USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS.
THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL, A MOTEL OR A BOARDING
HOUSE, WHETHER OR NOT MEALS ARE SERVED. THE RATE OF SUCH TAX SHALL NOT
EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH ROOM WHETHER
SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
(2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE TOWN OF NORTH CASTLE BY SUCH MEANS AND IN SUCH MANNER AS
OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER OR
AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE FOR THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL,
MOTEL OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON
ACCOUNT OF THE TOWN OF NORTH CASTLE IMPOSING THE TAX AND THAT SUCH OWNER
OR PERSON ENTITLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE FOR THE
COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON ENTI-
TLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT
TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE PERSON
OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL
OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES WERE A PART OF
THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE RENT OR CHARGE;
PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE TOWN, SPECIFIED
IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY ACTION OR PROCEED-
ING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON ENTITLED TO
BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
A. 9009--B 96
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH.
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
A. 9009--B 97
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE TOWN OF NORTH CASTLE
AND SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE TOWN.
SUCH REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed September 1, 2019.
TITLE C
Section 1. The tax law is amended by adding a new section 1202-z-3 to
read as follows:
S 1202-Z-3. OCCUPANCY TAX IN THE VILLAGE OF HARRISON. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE VILLAGE OF
HARRISON, IN THE COUNTY OF WESTCHESTER, IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH VILLAGE A TAX,
IN ADDITION TO ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS
ARTICLE, SUCH AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHOR-
ITY TO IMPOSE UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY HOTEL. FOR
THE PURPOSES OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A BUILDING OR
PORTION OF IT WHICH IS REGULARLY USED AND KEPT OPEN AS SUCH FOR THE
LODGING OF GUESTS. THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL, A MOTEL
OR A BOARDING HOUSE, WHETHER OR NOT MEALS ARE SERVED. THE RATE OF SUCH
TAX SHALL NOT EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
(2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE VILLAGE OF HARRISON BY SUCH MEANS AND IN SUCH MANNER AS
OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER OR
AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE FOR THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL,
MOTEL OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON
ACCOUNT OF THE VILLAGE OF HARRISON IMPOSING THE TAX AND THAT SUCH OWNER
OR PERSON ENTITLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE FOR THE
COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON ENTI-
TLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT
TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE PERSON
OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL
OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES WERE A PART OF
A. 9009--B 98
THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE RENT OR CHARGE;
PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE VILLAGE, SPECI-
FIED IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY ACTION OR
PROCEEDING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON
ENTITLED TO BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH.
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
A. 9009--B 99
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE VILLAGE OF HARRISON
AND SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE
VILLAGE. SUCH REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed September 1, 2019.
TITLE D
Section 1. The tax law is amended by adding a new section 1202-dd to
read as follows:
S 1202-DD. HOTEL OR MOTEL TAXES IN THE TOWN OF GREENBURGH AND SPECI-
FIED VILLAGES THEREIN AND IN THE TOWN OF MOUNT PLEASANT. (1) NOTWITH-
STANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE TOWN OF GREEN-
BURGH, WESTCHESTER COUNTY, IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT
AND AMEND LOCAL LAWS IMPOSING IN THOSE PORTIONS OF SUCH TOWN NOT LOCATED
WITHIN A VILLAGE, AND THE VILLAGES OF TARRYTOWN, IRVINGTON, ARDSLEY,
ELMSFORD, DOBBS FERRY, HASTINGS-ON-HUDSON AND SLEEPY HOLLOW IN THE TOWNS
OF GREENBURGH AND MOUNT PLEASANT, WESTCHESTER COUNTY ARE HEREBY AUTHOR-
IZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH
VILLAGES A TAX, IN ADDITION TO ANY OTHER TAX AUTHORIZED AND IMPOSED
PURSUANT TO THIS ARTICLE, AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER
AND AUTHORITY TO IMPOSE UPON PERSONS OCCUPYING ROOMS IN HOTELS OR MOTELS
IN SUCH TOWNS OR VILLAGES THEREIN. FOR THE PURPOSES OF THIS SECTION, THE
TERM "HOTEL" SHALL MEAN A BUILDING OR PORTION OF IT WHICH IS REGULARLY
USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS. THE TERM "HOTEL"
INCLUDES AN APARTMENT HOTEL, A MOTEL OR A BOARDING HOUSE, WHETHER OR NOT
MEALS ARE SERVED. THE RATE OF SUCH TAX SHALL NOT EXCEED THREE PERCENT OF
A. 9009--B 100
THE PER DIEM RENTAL RATE FOR EACH ROOM WHETHER SUCH ROOM IS RENTED ON A
DAILY OR LONGER BASIS.
(2) SUCH TAX MAY BE COLLECTED AND ADMINISTERED BY THE COMMISSIONER OF
FINANCE OR OTHER FISCAL OFFICER OF THE TOWN OF GREENBURGH OR OF ANY
SPECIFIED VILLAGE THEREIN OR IN THE TOWN OF MOUNT PLEASANT, AS THE CASE
MAY BE, BY SUCH MEANS AND IN SUCH MANNER AS OTHER TAXES WHICH ARE NOW
COLLECTED AND ADMINISTERED BY SUCH OFFICERS IN ACCORDANCE WITH THE TOWN
OR VILLAGE CHARTER OR AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAX IMPOSED SHALL BE PAID BY
THE PERSON LIABLE THEREFOR TO THE OWNER OF THE HOTEL OR MOTEL ROOM OCCU-
PIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR CHARGE FOR THE
HOTEL OR MOTEL ROOM OCCUPIED FOR AND ON ACCOUNT OF THE TOWN OF GREEN-
BURGH OR OF ANY SPECIFIED VILLAGE THEREIN OR IN THE TOWN OF MOUNT PLEAS-
ANT IMPOSING THE TAX, AND THAT SUCH OWNER OR PERSON ENTITLED TO BE PAID
THE RENT OR CHARGE SHALL BE LIABLE FOR THE COLLECTION AND PAYMENT OF THE
TAX; AND THAT SUCH OWNER OR PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT TO COLLECTING THE TAX FROM
THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM, OR IN RESPECT TO NONPAY-
MENT OF THE TAX BY THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM, AS IF
THE TAX WERE A PART OF THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME
AS THE RENT OR CHARGE; PROVIDED, HOWEVER, THAT THE COMMISSIONER OF
FINANCE OR OTHER FISCAL OFFICERS OF SUCH TOWNS OR VILLAGES, SPECIFIED IN
SUCH LOCAL LAW, SHALL BE JOINED AS A PARTY IN ANY ACTION OR PROCEEDING
BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON ENTITLED TO BE
PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAX ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION, INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA, IMPROVEMENT DISTRICT OR OTHER POLITICAL
SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION;
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH; AND
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER GIVING OF THE NOTICE OF SUCH
A. 9009--B 101
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAW OR REGULATION
SHALL BE FIRST DEPOSITED AND THERE IS FILED AN UNDERTAKING, ISSUED BY A
SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY
AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT
SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE
TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY
ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER TAXES, INTEREST AND PENALTIES STATED IN SUCH DETER-
MINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN THE
PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL NOT
BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
GALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREOF DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAX CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH ACCRUE IN THE PROSECUTION OF SUCH PROCEED-
ING.
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) REVENUES RESULTING FROM THE IMPOSITION OF TAX AUTHORIZED BY THIS
SECTION SHALL BE PAID INTO THE TREASURY OF THE TOWN OF GREENBURGH OR OF
THE SPECIFIED VILLAGE THEREIN OR IN THE TOWN OF MOUNT PLEASANT, AND
SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF SUCH TOWN OR
VILLAGE; AND MAY THEREAFTER BE ALLOCATED AT THE DISCRETION OF THE BOARD
OF LEGISLATORS OF THE TOWN OF GREENBURGH OR OF THE SPECIFIED VILLAGE
THEREIN OR IN THE TOWN OF MOUNT PLEASANT FOR ANY TOWN OR VILLAGE
PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
A. 9009--B 102
S 2. This act shall take effect immediately and shall expire and be
deemed repealed three years after such date.
TITLE E
Section 1. The tax law is amended by adding a new section 1202-ee to
read as follows:
S 1202-EE. HOTEL OR MOTEL TAXES IN THE TOWN OF WOODBURY. (1) NOTWITH-
STANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE TOWN OF WOOD-
BURY, IN THE COUNTY OF ORANGE, IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH TOWN A TAX, IN ADDITION TO
ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS ARTICLE SUCH AS
THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHORITY TO IMPOSE UPON
PERSONS OCCUPYING HOTEL OR MOTEL ROOMS IN SUCH TOWN. FOR THE PURPOSES OF
THIS SECTION, THE TERM "HOTEL" OR "MOTEL" SHALL MEAN AND INCLUDE ANY
FACILITY CONSISTING OF RENTABLE UNITS AND PROVIDING LODGING ON AN OVER-
NIGHT BASIS AND SHALL INCLUDE THOSE FACILITIES DESIGNATED AND COMMONLY
KNOWN AS "BED AND BREAKFAST" AND "TOURIST" FACILITIES. THE RATES OF SUCH
TAX SHALL NOT EXCEED FIVE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
ROOM, PROVIDED HOWEVER, THAT SUCH TAX SHALL NOT BE APPLICABLE TO A
PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS SECTION
THE TERM "PERMANENT RESIDENT" SHALL MEAN A PERSON OCCUPYING ANY ROOM OR
ROOMS IN A HOTEL OR MOTEL FOR AT LEAST NINETY CONSECUTIVE DAYS.
(2) SUCH TAX MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE TOWN OF WOODBURY BY SUCH MEANS AND IN SUCH MANNER AS
OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER OR
AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAX IMPOSED SHALL BE PAID BY
THE PERSON LIABLE THEREFOR TO THE OWNER OF THE HOTEL OR MOTEL ROOM OCCU-
PIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR CHARGE FOR THE
HOTEL OR MOTEL ROOM OCCUPIED FOR AND ON ACCOUNT OF THE TOWN OF WOODBURY
IMPOSING THE TAX AND THAT SUCH OWNER OR PERSON ENTITLED TO BE PAID THE
RENT OR CHARGE SHALL BE LIABLE FOR THE COLLECTION AND PAYMENT OF THE
TAX; AND THAT SUCH OWNER OR PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT TO COLLECTING THE TAX FROM
THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM, OR IN RESPECT TO NONPAY-
MENT OF THE TAX BY THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM, AS IF
THE TAX WERE A PART OF THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME
AS THE RENT OR CHARGE; PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER
OF THE TOWN, SPECIFIED IN SUCH LOCAL LAW, SHALL BE JOINED AS A PARTY IN
ANY ACTION OR PROCEEDING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY
THE PERSON ENTITLED TO BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAX ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY TRANSACTION, BY OR WITH ANY OF THE FOLLOWING IN ACCORDANCE WITH
SECTION TWELVE HUNDRED THIRTY OF THIS CHAPTER:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION;
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
A. 9009--B 103
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF THE NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAW SHALL BE FIRST
DEPOSITED AND THERE IS FILED AN UNDERTAKING, ISSUED BY A SURETY COMPANY
AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND APPROVED BY THE SUPER-
INTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY AND RESPONSIBILITY,
IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE
EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE TAX CONFIRMED THE
PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSE-
CUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
GALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREOF DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAX CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(8) EXCEPT IN THE CASE OF A WILFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE TOWN OF WOODBURY AND
SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE TOWN. SUCH
REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
A. 9009--B 104
(10) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed 3 years after such date.
TITLE F
Section 1. The tax law is amended by adding a new section 1202-ff to
read as follows:
S 1202-FF. OCCUPANCY TAX IN THE VILLAGE OF MAMARONECK. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE VILLAGE OF
MAMARONECK, IN THE COUNTY OF WESTCHESTER, IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH VILLAGE A TAX,
IN ADDITION TO ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS
ARTICLE, SUCH AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHOR-
ITY TO IMPOSE UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY HOTEL. FOR
THE PURPOSES OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A BUILDING OR
PORTION OF IT WHICH IS REGULARLY USED AND KEPT OPEN AS SUCH FOR THE
LODGING OF GUESTS. THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL, A MOTEL
OR A BOARDING HOUSE, WHETHER OR NOT MEALS ARE SERVED. THE RATE OF SUCH
TAX SHALL NOT EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
(2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE VILLAGE OF MAMARONECK BY SUCH MEANS AND IN SUCH MANNER AS
OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER OR
AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFORE TO THE OWNER OF THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE FOR THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL,
MOTEL OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON
ACCOUNT OF THE VILLAGE OF MAMARONECK IMPOSING THE TAX AND THAT SUCH
OWNER OR PERSON ENTITLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE
FOR THE COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON
ENTITLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN
RESPECT TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR
HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE
OF PUBLIC ACCOMMODATION, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE
PERSON OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB,
HOTEL, MOTEL OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES
WERE A PART OF THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE
RENT OR CHARGE; PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE
VILLAGE, SPECIFIED IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY
ACTION OR PROCEEDING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE
PERSON ENTITLED TO BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
A. 9009--B 105
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH.
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
(7) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
A. 9009--B 106
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE VILLAGE OF MAMARONECK
AND SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF THE
VILLAGE. SUCH REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed three years after such date.
TITLE G
Section 1. The tax law is amended by adding a new section 1202-gg to
read as follows:
S 1202-GG. OCCUPANCY TAX IN THE VILLAGE OF PORT CHESTER. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE VILLAGE OF PORT
CHESTER, IN THE COUNTY OF WESTCHESTER, IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN SUCH VILLAGE A TAX,
IN ADDITION TO ANY OTHER TAX AUTHORIZED AND IMPOSED PURSUANT TO THIS
ARTICLE, SUCH AS THE LEGISLATURE HAS OR WOULD HAVE THE POWER AND AUTHOR-
ITY TO IMPOSE UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY HOTEL. FOR
THE PURPOSES OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A BUILDING OR
PORTION OF IT WHICH IS REGULARLY USED AND KEPT OPEN AS SUCH FOR THE
LODGING OF GUESTS. THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL, A MOTEL
OR A BOARDING HOUSE, WHETHER OR NOT MEALS ARE SERVED. THE RATE OF SUCH
TAX SHALL NOT EXCEED THREE PERCENT OF THE PER DIEM RENTAL RATE FOR EACH
ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR LONGER BASIS.
(2) SUCH TAXES MAY BE COLLECTED AND ADMINISTERED BY THE CHIEF FISCAL
OFFICER OF THE VILLAGE OF PORT CHESTER BY SUCH MEANS AND IN SUCH MANNER
AS OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH OFFICER
OR AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(3) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE ROOM FOR HIRE IN THE
TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE OF PUBLIC
ACCOMMODATION OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR
CHARGE FOR THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL,
MOTEL OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION OCCUPIED FOR AND ON
ACCOUNT OF THE VILLAGE OF PORT CHESTER IMPOSING THE TAX AND THAT SUCH
OWNER OR PERSON ENTITLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE
FOR THE COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON
ENTITLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN
RESPECT TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE ROOM FOR
HIRE IN THE TOURIST HOME, INN, CLUB, HOTEL, MOTEL OR OTHER SIMILAR PLACE
OF PUBLIC ACCOMMODATION, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE
A. 9009--B 107
PERSON OCCUPYING THE ROOM FOR HIRE IN THE TOURIST HOME, INN, CLUB,
HOTEL, MOTEL OR SIMILAR PLACE OF PUBLIC ACCOMMODATION, AS IF THE TAXES
WERE A PART OF THE RENT OR CHARGE AND PAYABLE AT THE SAME TIME AS THE
RENT OR CHARGE; PROVIDED, HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE
VILLAGE, SPECIFIED IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY
ACTION OR PROCEEDING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE
PERSON ENTITLED TO BE PAID THE RENT OR CHARGE.
(4) SUCH LOCAL LAWS MAY PROVIDE FOR THE FILING OF RETURNS AND THE
PAYMENT OF THE TAXES ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
(5) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATIONAL PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN
THIS PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY
PURPOSE OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT
ALL OF ITS PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN
THIS PARAGRAPH.
D. A PERMANENT RESIDENT OF A HOTEL OR MOTEL. FOR THE PURPOSES OF THIS
SECTION, THE TERM "PERMANENT RESIDENT" SHALL MEAN A NATURAL PERSON OCCU-
PYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL FOR AT LEAST THIRTY CONSEC-
UTIVE DAYS.
(6) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTEREST AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
A. 9009--B 108
(7) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(8) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(9) ALL REVENUES RESULTING FROM THE IMPOSITION OF THE TAX UNDER THE
LOCAL LAWS SHALL BE PAID INTO THE TREASURY OF THE VILLAGE OF PORT CHES-
TER AND SHALL BE CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF SUCH
VILLAGE. SUCH REVENUES MAY BE USED FOR ANY LAWFUL PURPOSE.
(10) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(11) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed three years after such date.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Titles A through G of this subpart
shall be as specifically set forth in the last section of such Titles.
SUBPART B
Section 1. The tax law is amended by adding a new section 1202-zz to
read as follows:
S 1202-ZZ. HOTEL AND MOTEL TAXES IMPOSED BY TOWNS AND VILLAGES. (1)
NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY LAWS TO THE CONTRARY, ANY
TOWNS OR VILLAGES SHALL BE AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND
LOCAL LAWS IMPOSING TAX UPON PERSONS OCCUPYING ANY ROOM FOR HIRE IN ANY
A. 9009--B 109
HOTEL OR MOTEL UNDER THIS SUBPART, TO THE EXTENT SUCH TOWN OR VILLAGE
HAS A PRIOR RIGHT OVER THE OTHER VILLAGE OR TOWN WITHIN ITS TAX JURIS-
DICTION. PROVIDED, HOWEVER, SUCH TOWN OR VILLAGE SHALL BE ONLY AUTHOR-
IZED AND EMPOWERED TO IMPOSE SUCH TAX BY ENACTING A RESOLUTION IN THE
MANNER AND FORM SET FORTH IN SUBDIVISIONS TWO AND THREE OF THIS SECTION
AND TO THE EXTENT SUCH TAX IS AUTHORIZED UNDER THIS SECTION. FOR THE
PURPOSES OF THIS SECTION, THE TERM "HOTEL OR MOTEL" SHALL MEAN AND
INCLUDE ANY FACILITY PROVIDING LODGING ON AN OVERNIGHT BASIS AND SHALL
INCLUDE THOSE FACILITIES DESIGNATED AND COMMONLY KNOWN AS "BED AND
BREAKFAST", "INN", "HOUSEKEEPING COTTAGES WITH FOUR OR MORE UNITS", AND
"TOURIST FACILITIES".
(2) SUCH TOWN AND VILLAGE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY,
IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE SUCH TAX BY ENACTING A
RESOLUTION IN THE FORM SET FORTH IN SUBDIVISION THREE OF THIS SECTION,
WHEREUPON SUCH ENACTMENT OF SUCH RESOLUTION SHALL BE DEEMED TO INCORPO-
RATE INTO SUCH TOWN OR VILLAGE'S LOCAL LAW, ORDINANCE, OR RESOLUTION AS
IF IT HAD BEEN DULY ENACTED BY THE STATE LEGISLATURE AND APPROVED BY THE
GOVERNOR.
(3) FORM OF RESOLUTION: BE IT ENACTED BY THE (TOWN OR VILLAGE) OF
(INSERT LOCALITY'S NAME) AS FOLLOWS:
SECTION ONE: THE (TOWN OR VILLAGE) OF (INSERT LOCALITY'S NAME) HEREBY
IMPOSE THE HOTEL TAX UPON PERSON OCCUPYING ANY ROOM FOR HIRE IN ANY
HOTEL OR MOTEL TO THE EXTENT SUCH TAX IS AUTHORIZED UNDER SECTION TWELVE
HUNDRED TWO-ZZ OF THE TAX LAW.
SECTION TWO: THIS RESOLUTION SHALL TAKE EFFECT ON OR AFTER NINETY DAYS
FROM THE ENACTING RESOLUTION AND SHALL EXPIRE THREE YEARS FROM THE
EFFECTIVE DATE OF SUCH RESOLUTION.
(4) A. FOR PURPOSES OF THIS SECTION, "THE PRIOR RIGHT" SHALL MEAN THE
PREFERENTIAL RIGHT TO IMPOSE THE HOTEL TAX AUTHORIZED UNDER THIS SECTION
AND TO PREEMPT SUCH TAX AND TO PRECLUDE ANOTHER TOWN OR VILLAGE FROM
IMPOSING OR CONTINUING THE IMPOSITION OF SUCH TAX TO THE EXTENT SUCH
RIGHT IS EXERCISED. THE RIGHT OF PREEMPTION SHALL ONLY APPLY WITHIN THE
TERRITORIAL LIMITS OF THE TAXING JURISDICTION HAVING THE RIGHT OF
PREEMPTION.
B. IF A VILLAGE, WHICH IS LOCATED WITHIN A TOWN OR TOWNS, HAS ENACTED
THE HOTEL TAX AUTHORIZED UNDER THIS SECTION PRIOR TO AN ENACTMENT OF THE
HOTEL TAX BY SUCH TOWN OR TOWNS, SUCH TOWN OR TOWNS SHALL BE PRECLUDED
TO IMPOSE SUCH TAX WITHIN THE TERRITORY OF SUCH VILLAGE. IF A TOWN HAS
ENACTED THE HOTEL TAX AUTHORIZED UNDER THIS SECTION, A VILLAGE WHICH IS,
PARTIALLY OR ENTIRELY, LOCATED WITHIN SUCH TOWN SHALL BE PRECLUDED TO
IMPOSE THE HOTEL TAX TO THE EXTENT SUCH VILLAGE IS LOCATED WITHIN SUCH
TOWN.
(5) THE RATE OF SUCH TAX SHALL NOT EXCEED THREE PERCENT OF THE PER
DIEM RENTAL RATE FOR EACH ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY
BASIS OR FOR A LONGER PERIOD OF TIME. PROVIDED, HOWEVER, THAT SUCH TAX
SHALL NOT BE APPLICABLE TO A PERMANENT RESIDENT OF SUCH HOTEL OR MOTEL.
FOR THE PURPOSES OF THIS SECTION, THE TERM "PERMANENT RESIDENT" SHALL
MEAN A NATURAL PERSON OCCUPYING ANY ROOM OR ROOMS IN A HOTEL OR MOTEL
FOR AT LEAST THIRTY CONSECUTIVE DAYS.
(6) SUCH TAX MAY BE COLLECTED AND ADMINISTERED BY THE FINANCE ADMINIS-
TRATOR OR OTHER FISCAL OFFICER OF SUCH COUNTY BY SUCH MEANS AND IN SUCH
MANNER AS OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY SUCH
OFFICER OR AS OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
(7) SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAXES IMPOSED SHALL BE PAID
BY THE PERSON LIABLE THEREFOR TO THE OWNER OF THE HOTEL OR MOTEL ROOM
OCCUPIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT OR CHARGE THE
A. 9009--B 110
HOTEL OR MOTEL ROOM OCCUPIED FOR AND ON ACCOUNT OF SUCH TOWN OR VILLAGE
WITHIN THE COUNTY IMPOSING THE TAX AND THAT SUCH OWNER OR PERSON ENTI-
TLED TO BE PAID THE RENT OR CHARGE SHALL BE LIABLE FOR THE COLLECTION
AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR PERSON ENTITLED TO BE
PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT IN RESPECT TO COLLECT-
ING THE TAX FROM THE PERSON OCCUPYING THE HOTEL OR MOTEL ROOM, OR IN
RESPECT TO NONPAYMENT OF THE TAX BY THE PERSON OCCUPYING THE HOTEL OR
MOTEL ROOM AS IF THE TAXES WERE A PART OF THE RENT OR CHARGE AND PAYABLE
AT THE SAME TIME AS THE RENT OR CHARGE; PROVIDED HOWEVER, THAT SUCH
FINANCE ADMINISTRATOR OR OTHER FISCAL OFFICERS OF THE COUNTY, SPECIFIED
IN SUCH LOCAL LAWS, SHALL BE JOINED AS A PARTY IN ANY ACTION OR PROCEED-
ING BROUGHT TO COLLECT THE TAX BY THE OWNER OR BY THE PERSON ENTITLED TO
BE PAID THE RENT OR CHARGE.
(8) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH TAX UPON
ANY OF THE FOLLOWING:
A. THE STATE OF NEW YORK, OR ANY PUBLIC CORPORATION (INCLUDING A
PUBLIC CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER
STATE OR THE DOMINION OF CANADA), IMPROVEMENT DISTRICT OR OTHER POLI-
TICAL SUBDIVISION OF THE STATE;
B. THE UNITED STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FOR TAXATION;
OR
C. ANY CORPORATION OR ASSOCIATION, OR TRUST, OR COMMUNITY CHEST, FUND
OR FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITA-
BLE OR EDUCATION PURPOSES, OR FOR THE PREVENTION OF CRUELTY TO CHILDREN
OR ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE BENE-
FIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF
THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE ATTEMPT-
ING TO INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN THIS
PARAGRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY PURPOSE
OF CARRYING ON A TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT ALL OF ITS
PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN THIS PARA-
GRAPH.
(9) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR ANY
OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO THE
SUPREME COURT WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH PROCEEDING UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAWS OR REGULATIONS
SHALL BE FIRST DEPOSITED AND THERE SHALL BE FILED AN UNDERTAKING, ISSUED
BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE AND
APPROVED BY THE SUPERINTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY
AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME COURT
SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE
TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH MAY
ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
B. AT THE OPTION OF THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER THE TAXES, INTERESTS AND PENALTIES STATED IN SUCH
DETERMINATION PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN
THE PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL
NOT BE REQUIRED TO PAY SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
A. 9009--B 111
(10) WHERE ANY TAXES IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY,
ILLEGALLY OR UNCONSTITUTIONALLY COLLECTED AND APPLICATION FOR THE REFUND
THEREFOR DULY MADE TO THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY A PROCEEDING UNDER ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER THE GIVING
OF THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED WITH THE PROPER
FISCAL OFFICER OR OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH
PROCEEDING BE DISMISSED OR THE TAXES CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH
PROCEEDING.
(11) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT TO EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE YEARS FROM THE DATE OF THE
FILING OF A RETURN, PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
(12) REVENUES RESULTING FROM THE IMPOSITION OF THE TAX ON HOTELS OR
MOTELS LOCATED WITHIN A TOWN OR VILLAGE SHALL BE CREDITED TO AND DEPOS-
ITED IN THE GENERAL FUND OF SUCH TOWN OR VILLAGE; AND MAY THEREAFTER BE
ALLOCATED AT THE DISCRETION OF THE GOVERNING BOARD OF SUCH TOWN OR
VILLAGE.
(13) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION SHALL PROHIBIT
THE ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED PURSU-
ANT TO THIS SECTION.
(14) IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
(15) ANY TOWN OR VILLAGE THAT ENACTS A HOTEL OR MOTEL TAX PURSUANT TO
THIS SECTION SHALL SEND A CERTIFIED COPY OF SUCH LAW, ORDINANCE OR
RESOLUTION BY REGISTERED MAIL TO THE STATE COMPTROLLER AT ITS OFFICE IN
ALBANY ON OR AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
(16) AT THE CONCLUSION OF THE TOWN OR VILLAGE'S FISCAL YEAR, THE CHIEF
FISCAL OFFICER SHALL SUBMIT A REPORT TO THE COMPTROLLER AT ITS OFFICE IN
ALBANY THAT CONTAINS THE AMOUNT OF ANNUAL RECEIPTS RECEIVED PURSUANT TO
THIS SECTION.
(A) EACH TOWN OR VILLAGE HAVING A POPULATION, AS SHOWN BY THE LATEST
PRECEDING DECENNIAL FEDERAL CENSUS, OF LESS THAN NINETEEN THOUSAND NINE
HUNDRED NINETY-NINE, SHALL FILE THEIR RESPECTIVE REPORTS WITH THE COMP-
TROLLER WITHIN NINETY DAYS AFTER THE CLOSE OF THE FISCAL YEAR OF SUCH
TOWN OR VILLAGE. UPON WRITTEN REQUEST FROM THE CHIEF FISCAL OFFICER OF
SUCH A TOWN OR VILLAGE, THE COMPTROLLER MAY EXTEND SUCH NINETY DAY PERI-
OD FOR AN ADDITIONAL THIRTY DAYS.
(B) EACH TOWN OR VILLAGE HAVING A POPULATION, AS SHOWN BY THE LATEST
PRECEDING DECENNIAL FEDERAL CENSUS, OF TWENTY THOUSAND OR MORE, AND ALL
CITIES AND COUNTIES, IRRESPECTIVE OF THEIR POPULATIONS, SHALL FILE THEIR
RESPECTIVE REPORTS WITH THE COMPTROLLER WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE CLOSE OF THE FISCAL YEAR OF SUCH TOWN OR VILLAGE.
A. 9009--B 112
(17) BY AUGUST FIRST OF EACH YEAR, THE STATE COMPTROLLER SHALL ISSUE A
REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, AND THE PUBLIC, IDENTIFYING THE LOCAL GOVERN-
MENTS THAT HAVE ENACTED HOTEL AND MOTEL TAXES PURSUANT TO THIS SECTION.
THE REPORT SHALL ALSO CONTAIN THE RATE OF SUCH TAX AND THE AMOUNT OF
ANNUAL REVENUES COLLECTED BY EACH TOWN OR VILLAGE THAT HAS BEEN REPORTED
WITHIN THE PAST YEAR. THE REPORT MAY CONTAIN OTHER INFORMATION DEEMED
RELEVANT TO LOCAL HOTEL AND MOTEL TAXES BY THE COMPTROLLER.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this Part shall
be as specifically set forth in the last section of such Subparts.
PART UU
Section 1. The opening paragraph of paragraph 1-a of subdivision (a)
of section 83 of the state finance law, as added by chapter 453 of the
laws of 2015, is amended to read as follows:
On or before the first day of February each year, the commissioner of
the department of environmental conservation shall provide a written
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] ENVIRON-
MENTAL CONSERVATION, chair of the assembly [health] ENVIRONMENTAL
CONSERVATION committee, the state comptroller and the public. Such
report shall include how the monies of the fund received pursuant to
section six hundred twenty-five of the tax law were utilized during the
preceding calendar year, and shall include:
S 2. The opening paragraph of subdivision 2-a of section 84 of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the chairperson of
the New York state Olympic regional development authority shall provide
a written report to the temporary president of the senate, speaker of
the assembly, chair of the senate finance committee, chair of the assem-
bly ways and means committee, chair of the senate committee on [health]
CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, chair of the assembly
[health] TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT committee, the
state comptroller and the public. Such report shall include how the
monies of the fund were utilized during the preceding calendar year, and
shall include:
S 3. The opening paragraph of subdivision 2-a of section 97-mmmm of
the state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
New York state division of veterans' affairs shall provide a written
A. 9009--B 113
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health]
VETERANS' AFFAIRS committee, the state comptroller and the public. Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
S 4. The opening paragraph of subdivision 2-a of section 99-v of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
New York state division of veterans' affairs shall provide a written
report to the temporary president of the senate, speaker of the assem-
bly, chair of the senate finance committee, chair of the assembly ways
and means committee, chair of the senate committee on [health] VETERANS,
HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health]
VETERANS' AFFAIRS committee, the state comptroller and the public. Such
report shall include how the monies of the fund were utilized during the
preceding calendar year, and shall include:
S 5. The opening paragraph of subdivision 2-a of section 92-w of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the director of the
division of criminal justice services shall provide a written report to
the temporary president of the senate, speaker of the assembly, chair of
the senate finance committee, chair of the assembly ways and means
committee, chair of the senate committee on [health] CODES, chair of the
assembly [health] CODES committee, the state comptroller and the public.
Such report shall include how the monies of the fund were utilized
during the preceding calendar year, and shall include:
S 6. The opening paragraph of subdivision 2-a of section 79 of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the chairman of the
board of directors of the World Trade Center memorial foundation shall
provide a written report to the temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, [chair of the senate committee on
health, chair of the assembly health committee,] the state comptroller
and the public. Such report shall include how the monies of the fund
were utilized during the preceding calendar year, and shall include:
S 7. The opening paragraph of subdivision 2-a of section 99-q of the
state finance law, as added by chapter 453 of the laws of 2015, is
amended to read as follows:
On or before the first day of February each year, the state fire
administrator shall provide a written report to the temporary president
of the senate, speaker of the assembly, chair of the senate finance
committee, chair of the assembly ways and means committee, chair of the
senate committee on [health] LOCAL GOVERNMENT, chair of the assembly
[health] LOCAL GOVERNMENT committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
S 8. Subdivision 2 of section 71-b of the state finance law, as added
by chapter 453 of the laws of 2015, is amended to read as follows:
2. The head of the agency or entity administering the expenditure of
tax check-off monies shall report annually on the use of such monies to
A. 9009--B 114
the temporary president of the senate, speaker of the assembly, chair of
the senate finance committee, chair of the assembly ways and means
committee, chair of the [senate committee on health, chair of the assem-
bly health committee,] APPROPRIATE COMMITTEE IN THE SENATE OR ASSEMBLY,
the state comptroller and the public. Such report shall include the
amount of money dispersed from the fund and the award process used for
such disbursements, recipients of awards from the fund, the amount
awarded to each, the purposes for which such awards were granted, and a
summary financial plan for such monies which shall include estimates of
all receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.
S 9. Section 95-e of the state finance law, as added by chapter 301 of
the laws of 2004, is amended by adding a new subdivision 2-a to read as
follows:
2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
ER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT
OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE
COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE
SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE
STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE
MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND
SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
S 10. Section 14 of chapter 453 of the laws of 2015 amending the state
finance law relating to tax check-off funds, is amended to read as
follows:
S 14. This act shall take effect immediately; provided, however, that
the provisions of section thirteen of this act shall apply to funds
established on and after such date AND FUNDS FOR WHICH A TAX CHECK-OFF
IS A SOURCE OF MONIES IN SUCH FUNDS.
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as chapter 453 of the laws of 2015, took effect.
PART VV
Section 1. Paragraph (e) of subdivision 1, and subdivisions 2 and 9 of
section 487 of the real property tax law, paragraph (e) of subdivision 1
as amended by chapter 272 of the laws of 2013, subdivision 2 as amended
by chapter 515 of the laws of 2002, subdivision 9 as added by chapter
608 of the laws of 2002 and paragraph (a) of subdivision 9 as amended by
chapter 344 of the laws of 2014, are amended to read as follows:
(e) "Farm waste electric generating equipment" means equipment that
generates electric energy from biogas produced by the anaerobic
digestion of agricultural waste, such as livestock manure, farming waste
and food processing wastes [with a rated capacity of not more than one
thousand kilowatts] that is (i) manufactured, installed and operated in
accordance with applicable government and industry standards, (ii)
A. 9009--B 115
connected to the electric system and operated in conjunction with an
electric corporation's transmission and distribution facilities, (iii)
operated in compliance with the provisions of section sixty-six-j of the
public service law, (iv) fueled at a minimum of ninety percent on an
annual basis by biogas produced from the anaerobic digestion of agricul-
tural waste such as livestock manure materials, crop residues and food
processing wastes, and (v) fueled by biogas generated by anaerobic
digestion with at least fifty percent by weight of its feedstock being
livestock manure materials on an annual basis.
2. (A) Real property which includes a solar or wind energy system or
farm waste energy system approved in accordance with the provisions of
this section shall be exempt from taxation to the extent of any increase
in the value thereof by reason of the inclusion of such solar or wind
energy system or farm waste energy system for a period of fifteen years.
When a solar or wind energy system or components thereof or farm waste
energy system also serve as part of the building structure, the increase
in value which shall be exempt from taxation shall be equal to the
assessed value attributable to such system or components multiplied by
the ratio of the incremental cost of such system or components to the
total cost of such system or components.
(B) A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT, EXCEPT A SCHOOL
DISTRICT UNDER ARTICLE FIFTY-TWO OF THE EDUCATION LAW, THAT HAS NOT
ACTED TO REMOVE THE EXEMPTION UNDER THIS SECTION MAY PASS A LOCAL LAW OR
RESOLUTION PROVIDING THAT UPON THE EXPIRATION OF THE FIFTEEN YEAR
EXEMPTION FOR FARM WASTE ENERGY SYSTEMS, SUCH SYSTEMS SHALL:
(I) REMAIN EXEMPT, PROVIDED THE ELIGIBILITY REQUIREMENTS OF THIS
SECTION CONTINUE TO BE MET; OR
(II) BE SUBJECT TO A PAYMENT IN LIEU OF A TAX AGREEMENT PURSUANT TO
SUBDIVISION NINE OF THIS SECTION.
9. (a) A county, city, town, village or school district, except a
school district under article fifty-two of the education law, that has
not acted to remove the exemption under this section may require the
owner of a property which includes a solar or wind energy system which
meets the requirements of subdivision four of this section, to enter
into a contract for payments in lieu of taxes. A COUNTY, CITY, TOWN,
VILLAGE OR SCHOOL DISTRICT, EXCEPT A SCHOOL DISTRICT UNDER ARTICLE
FIFTY-TWO OF THE EDUCATION LAW, THAT HAS NOT ACTED TO REMOVE THE
EXEMPTION UNDER THIS SECTION AND HAS PASSED A LOCAL LAW OR RESOLUTION
EXTENDING THE BENEFIT PERIOD FOR FARM WASTE ENERGY SYSTEMS IN ACCORDANCE
WITH SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION, SHALL REQUIRE THE OWNER OF A PROPERTY WHICH INCLUDES A FARM
WASTE ENERGY SYSTEM WHICH MEETS THE REQUIREMENTS OF SUBDIVISION FOUR OF
THIS SECTION, TO ENTER INTO A CONTRACT FOR PAYMENTS IN LIEU OF TAXES.
Such contract may require annual payments in an amount not to exceed the
amounts which would otherwise be payable but for the exemption under
this section. If the owner or developer of such a system provides writ-
ten notification to a taxing jurisdiction of its intent to construct
such a system, then in order to require the owner or developer of such
system to enter into a contract for payments in lieu of taxes, such
taxing jurisdiction must notify such owner or developer of its intent to
require a contract for payments in lieu of taxes within sixty days of
receiving the written notification OR, IN THE CASE OF AN OWNER OR DEVEL-
OPER OF A FARM WASTE ENERGY SYSTEM, ONE YEAR PRIOR TO THE EXPIRATION OF
THE FIFTEEN YEAR EXEMPTION PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWO
OF THIS SECTION.
A. 9009--B 116
(b) The payment in lieu of a tax agreement FOR A SOLAR OR WIND ENERGY
SYSTEM shall not operate for a period of more than fifteen years,
commencing in each instance from the date on which the benefits of such
exemption first become available and effective.
(C) THE PAYMENT IN LIEU OF A TAX AGREEMENT FOR A FARM WASTE ENERGY
SYSTEM SHALL COMMENCE AND OPERATE UPON THE EXPIRATION OF THE FIFTEEN
YEAR EXEMPTION PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION.
S 2. This act shall take effect immediately.
PART WW
Section 1. Section 4 of part U of chapter 55 of the laws of 2014,
amending the real property tax law relating to the tax abatement and
exemption for rent regulated and rent controlled property occupied by
senior citizens, is amended to read as follows:
S 4. This act shall take effect July 1, 2014, and sections one and two
of this act shall expire and be deemed repealed [2 years after the
effective date thereof] JUNE 30, 2018; provided that the amendment to
section 467-b of the real property tax law made by section one of this
act shall not affect the expiration of such section and shall be deemed
to expire therewith.
S 2. Section 3 of part U of chapter 55 of the laws of 2014, amending
the real property tax law relating to the tax abatement and exemption
for rent regulated and rent controlled property occupied by senior citi-
zens, is amended to read as follows:
S 3. The state shall reimburse the city of New York for the difference
between the amount of real property tax revenue abated for the period
beginning July 1, 2014 and ending June 30, [2016] 2018 pursuant to the
income threshold established by sections one and two of this act and the
amount of real property tax revenue that would have been abated for the
period beginning July 1, 2014 and ending June 30, [2016] 2018 pursuant
to the income thresholds that were in effect immediately prior to the
income threshold increases established by sections one and two of this
act. Prior to any payment, the city shall provide attestation to the
director of the New York state division of the budget and the state
comptroller as to the actual amount of real property tax revenue abated
pursuant to the income thresholds established by sections one and two of
this act for the city fiscal years beginning July 1, 2014 [and], July 1,
2015, JULY 1, 2016 AND JULY 1, 2017 and the actual amount of real prop-
erty tax revenue that would have been abated pursuant to the income
thresholds that were in effect immediately prior to the income threshold
increases established by sections one and two of this act for the city
fiscal years beginning July 1, 2014 [and], July 1, 2015, JULY 1, 2016
AND JULY 1, 2017. The information contained within such attestation may
be subject to the audit and verification by the state comptroller.
S 3. Section 4 of chapter 129 of the laws of 2014, amending the real
property tax law relating to the tax abatement and exemption for rent
regulated and rent controlled property occupied by persons with disabil-
ities, is amended to read as follows:
S 4. This act shall take effect July 1, 2014 provided, however, that:
(a) the amendments to paragraph b of subdivision 3 of section 467-b of
the real property tax law made by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 17 of chapter 576 of the laws of 1974, as amended, when upon
A. 9009--B 117
such date the provisions of section two of this act shall take effect;
and
(b) nothing contained in this act shall be construed so as to extend
the provisions of this act beyond [July 1, 2016] JUNE 30, 2018, when
upon such date this act shall expire and the provisions contained in
this act shall be deemed repealed.
S 4. This act shall take effect immediately.
PART XX
Section 1. The opening paragraph of subdivision 7 of section 221 of
the racing, pari-mutuel wagering and breeding law, as amended by section
1 of part VV of chapter 59 of the laws of 2015, is amended to read as
follows:
In order to pay the costs of the insurance required by this section
and by the workers' compensation law and to carry out its other powers
and duties and to pay for any of its liabilities under section four-
teen-a of the workers' compensation law, the New York Jockey Injury
Compensation Fund, Inc. shall ascertain the total funding necessary and
establish the sums that are to be paid by all owners and trainers
licensed or required to be licensed under section two hundred twenty of
this article, to obtain the total funding amount required annually. In
order to provide that any sum required to be paid by an owner or trainer
is equitable, the fund shall establish payment schedules which reflect
such factors as are appropriate, including where applicable, the
geographic location of the racing corporation at which the owner or
trainer participates, the duration of such participation, the amount of
any purse earnings, the number of horses involved, or such other factors
as the fund shall determine to be fair, equitable and in the best inter-
ests of racing. In no event shall the amount deducted from an owner's
share of purses exceed two per centum; PROVIDED, HOWEVER, FOR TWO THOU-
SAND SIXTEEN THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. MAY USE
UP TO TWO MILLION DOLLARS FROM THE ACCOUNT ESTABLISHED PURSUANT TO
SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF THIS ARTICLE TO PAY THE
ANNUAL COSTS REQUIRED BY THIS SECTION AND THE FUNDS FROM SUCH ACCOUNT
SHALL NOT COUNT AGAINST THE TWO PER CENTUM OF PURSES DEDUCTED FROM AN
OWNER'S SHARE OF PURSES. The amount deducted from an owner's share of
purses shall not exceed one per centum after April first, two thousand
seventeen. In the cases of multiple ownerships and limited racing
appearances, the fund shall equitably adjust the sum required.
S 2. Paragraph (a) of subdivision 9 of section 208 of the racing,
pari-mutuel wagering and breeding law, as added by chapter 18 of the
laws of 2008, is amended to read as follows:
(a) The franchised corporation shall maintain a separate account for
all funds held on deposit in trust by the corporation for individual
horsemen's accounts. Purse funds shall be paid by the corporation as
required to meet its purse payment obligations. Funds held in horsemen's
accounts shall only be released or applied as requested and directed by
the individual horseman. FOR TWO THOUSAND SIXTEEN THE NEW YORK JOCKEY
INJURY COMPENSATION FUND, INC. MAY USE UP TO TWO MILLION DOLLARS FROM
THE ACCOUNT ESTABLISHED PURSUANT TO THIS SUBDIVISION TO PAY THE ANNUAL
COSTS REQUIRED BY SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE.
S 3. This act shall take effect immediately.
PART YY
A. 9009--B 118
Section 1. Section 221-a of the racing, pari-mutuel wagering and
breeding law, as added by section 3 of part OO of chapter 59 of the laws
of 2014, is amended to read as follows:
S 221-a. Health insurance for jockeys. 1. A franchised corporation
shall, as a condition of racing, establish a program to administer the
purchase of health insurance for eligible jockeys.
Such program shall be funded through the deposit of one and one-half
percent of the gross purse enhancement amount from video lottery gaming
at a thoroughbred track pursuant to paragraph two of subdivision b and
paragraph one of subdivision f of section sixteen hundred twelve of the
tax law. The franchised corporation shall establish a segregated account
for the receipt of these monies and these monies shall remain separate
from any other funds. Any corporation or association licensed pursuant
to this article shall pay into such account any amount due within ten
days of the receipt of revenue pursuant to section sixteen hundred
twelve of the tax law. Any portion of such funding to the account unused
during a calendar year, less an amount sufficient to cover anticipated
premium liabilities over the next sixty days, shall be returned on a pro
rata basis in accordance with the amounts originally contributed and
shall be used for the purpose of enhancing purses at such tracks.
Provided, however, if a corporation or association licensed pursuant to
this article provides an alternative source of funding for this program,
an amount equal to this alternative funding, but not in excess of the
amount originally contributed during the year from the gross purse
enhancement amount from video lottery gaming attributable to such corpo-
ration or association, shall be returned to the corporation or associ-
ation and used for the purpose of enhancing purses at such track.
Provided, further, any such alternative source of funding must be
approved by the gaming commission.
2. The franchised corporation shall enter into a memorandum of under-
standing with the jockey's organization that represents at least fifty-
one percent of eligible active jockeys establishing a plan of operation
for the program, provided that such memorandum of understanding shall be
approved by the gaming commission UPON A DETERMINATION THAT SUCH MEMO-
RANDUM OF UNDERSTANDING MEETS THE STATUTORY REQUIREMENTS OF THIS SECTION
AND IS IN THE BEST INTEREST OF RACING and SHALL include, but not be
limited to, the following conditions:
a. health insurance policies must be purchased on an American health
benefit exchange established pursuant to 42 U.S.C. S 18031(b) by the
insured;
b. health insurance policies eligible to be purchased under the
program shall be any policy that is silver level of coverage or lower as
defined by 42 U.S.C.S18022(d). Provided, however, the insured may elect
to purchase a gold level or platinum level of coverage as defined by 42
U.S.C. S 18022(d) if the insured pays the difference in premiums between
such policy and the premium for the silver level policy offered by the
same insurer. Such payments shall be paid into the account established
in subdivision one of this section and shall be governed by the terms of
the memorandum of understanding required by this section;
C. NOTWITHSTANDING THE CONDITIONS SET FORTH IN PARAGRAPHS A AND B OF
THIS SUBDIVISION, A MEMORANDUM OF UNDERSTANDING WITH THE JOCKEYS ORGAN-
IZATION THAT REPRESENTS AT LEAST FIFTY-ONE PERCENT OF THE ELIGIBLE
ACTIVE JOCKEYS MAY BE APPROVED BY THE COMMISSION UPON A DETERMINATION
THAT SUCH MEMORANDUM OF UNDERSTANDING IS IN THE BEST INTEREST OF RACING
THAT CREATES A JOCKEYS HEALTH TRUST TO BE ADMINISTERED BY THE FRANCHISED
CORPORATION FOR THE PURPOSE OF OBTAINING JOCKEY HEALTH BENEFITS FROM A
A. 9009--B 119
HEALTH INSURANCE PROVIDER THAT COVERS JOCKEYS AND THEIR DEPENDENTS WITH
A HEALTH INSURANCE POLICY THAT IS NOT PURCHASED ON AN AMERICAN HEALTH
BENEFIT EXCHANGE ESTABLISHED PURSUANT TO 42 U.S.C. S 18031(B) BUT DOES
PROVIDE SILVER LEVEL COVERAGE OR LOWER AS DEFINED BY 42 U.S.C. S
18022(D);
[c.]D. the payment of premiums PURSUANT TO THIS SECTION shall be made
on behalf of eligible jockeys pursuant to paragraph [d] E of this subdi-
vision by the franchised corporation from monies in the account estab-
lished in subdivision one of this section directly to the health plan
selected pursuant to paragraph b OR C of this subdivision;
[d.]E. to be eligible to receive health insurance through this
program, an individual must meet one of the following requirements:
(i) have ridden in at least two hundred fifty races conducted by the
franchised corporation during the prior calendar year or in at least one
hundred fifty races conducted by any other corporation or association
licensed pursuant to this article during the prior calendar year;
provided, however, if an individual qualified for coverage in any prior
year and fails to meet the qualification due to an injury not resulting
in a permanent disability, that individual shall be deemed to have met
the qualification; or
(ii) have retired from racing on or after January first, two thousand
ten after having ridden in at least seventy-five hundred races conducted
by any corporation or association licensed pursuant to this article. For
the purposes of this section, an individual shall be considered retired
from racing if they have ridden in fewer than fifty races at any track
in the nation licensed to conduct thoroughbred racing during the calen-
dar year; or
(iii) have become permanently disabled due to a racing accident while
eligible to receive benefits or would become eligible to receive bene-
fits in the following year pursuant to subparagraph (i) of this para-
graph; provided, however, if an individual fails to meet the qualifica-
tion of such subparagraph (i) due to an injury resulting in a permanent
disability, that individual shall be deemed to have met the qualifica-
tion; and
[e.]F. the gaming commission shall have the following powers:
(i) to rule on eligibility in the event of a denial of coverage pursu-
ant to paragraph [d] E of this subdivision. In the event of a denial of
coverage, such individual denied eligibility may appeal to the gaming
commission;
(ii) to make a determination if an individual would have qualified
pursuant to subparagraph (i) of paragraph [d] E of this subdivision in
the event that the individual suffers an injury and contends that he or
she would have qualified had they not suffered such injury; and
(iii) to audit the books and records of the program.
S 2. This act shall take effect immediately.
PART ZZ
Section 1. The tax law is amended by adding a new section 42 to read
as follows:
S 42. EMPIRE STATE MUSIC PRODUCTION CREDIT. (A) ALLOWANCE OF CREDIT.
(1) A TAXPAYER WHICH IS A MUSIC PRODUCTION ENTITY ENGAGED IN QUALIFIED
MUSIC PRODUCTION, OR WHO IS A SOLE PROPRIETOR OF OR A MEMBER OF A PART-
NERSHIP, WHICH IS A MUSIC PRODUCTION ENTITY ENGAGED IN QUALIFIED MUSIC
PRODUCTION, AND IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF
A. 9009--B 120
THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX TO BE COMPUTED
AS PROVIDED HEREIN.
(2) THE AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP OR LIMITED
LIABILITY COMPANY) OF TWENTY-FIVE PERCENT AND THE ELIGIBLE PRODUCTION
COSTS OF ONE OR MORE QUALIFIED MUSIC PRODUCTIONS.
(3) ELIGIBLE PRODUCTION COSTS FOR A QUALIFIED MUSIC PRODUCTION
INCURRED AND PAID IN THIS STATE BUT OUTSIDE SUCH METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT SHALL BE ELIGIBLE FOR A CREDIT OF TEN PERCENT OF
SUCH ELIGIBLE PRODUCTION COSTS IN ADDITION TO THE CREDIT SPECIFIED IN
PARAGRAPH TWO OF THIS SUBDIVISION.
(4) NO ELIGIBLE PRODUCTION COSTS CLAIMED BY A TAXPAYER AS THE BASIS
FOR THE CREDIT UNDER THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO
CLAIM ANY OTHER CREDIT PURSUANT TO THIS CHAPTER.
(B) ALLOCATION OF CREDIT. THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED
UNDER THIS SECTION, SUBDIVISION FORTY-NINE OF SECTION TWO HUNDRED TEN-B
AND SUBSECTION (CCC) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER IN ANY
TAXABLE YEAR SHALL BE TWENTY-FIVE MILLION DOLLARS. SUCH AGGREGATE AMOUNT
OF CREDITS SHALL BE ALLOCATED BY THE EMPIRE STATE DEVELOPMENT CORPO-
RATION AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE OF
FILING AN APPLICATION FOR ALLOCATION OF MUSIC PRODUCTION CREDIT WITH
SUCH OFFICE. IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN ANY
PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR
SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT TAXABLE YEAR.
(C) DEFINITIONS. AS USED IN THIS SECTION:
(1) "MUSIC PRODUCTION" MEANS THE CREATION OF A SOUND RECORDING AND ANY
RELATED MUSIC VIDEO, EITHER OF WHICH IS INTENDED FOR COMMERCIAL RELEASE.
A "MUSIC PRODUCTION" DOES NOT INCLUDE RECORDINGS THAT ARE PRIMARILY
SPOKEN WORD OR WILDLIFE OR NATURE SOUNDS, OR PRODUCED FOR INSTRUCTIONAL
USE OR ADVERTISING OR PROMOTIONAL PURPOSES.
(2) "QUALIFIED MUSIC PRODUCTION" IS A MUSIC PRODUCTION IN WHICH ELIGI-
BLE PRODUCTION COSTS EQUAL TO OR ARE IN EXCESS OF SEVEN THOUSAND FIVE
HUNDRED DOLLARS IF INCURRED AND PAID IN THIS STATE IN THE TWELVE MONTHS
PRECEDING THE DATE ON WHICH THE CREDIT IS CLAIMED. PROVIDED, HOWEVER, IF
SUCH PRODUCTION COSTS ARE INCURRED AND PAID OUTSIDE THE METROPOLITAN
COMMUTER TRANSPORTATION DISTRICT IN THIS STATE, SUCH PRODUCTION COSTS
SHALL BE EQUAL TO OR IN EXCESS OF THREE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS TO BE A QUALIFIED MUSIC PRODUCTION FOR THE PURPOSES OF THIS
PARAGRAPH.
(3) "ELIGIBLE PRODUCTION COSTS FOR A QUALIFIED MUSIC PRODUCTION" ARE
COSTS INCURRED AND PAID IN THIS STATE FOR TANGIBLE PROPERTY AND SERVICES
USED IN THE PRODUCTION OF QUALIFIED MUSIC PRODUCTION, AS DETERMINED BY
THE DEPARTMENT OF ECONOMIC DEVELOPMENT, INCLUDING, BUT NOT LIMITED TO;
(I) STUDIO RENTAL FEES AND RELATED COSTS, (II) INSTRUMENT AND EQUIPMENT
RENTAL FEES, (III) PRODUCTION SESSION FEES FOR PROGRAMMERS, ENGINEERS,
AND TECHNICIANS, (IV) MIXING AND MASTERING SERVICES, AND (V) LOCAL
TRANSPORTATION EXPENDITURES DIRECTLY RELATED TO MUSIC PRODUCTION AND
PROVIDED AT OR TO THE SITE OF SUCH MUSIC PRODUCTION. ELIGIBLE PRODUCTION
COSTS SHALL NOT INCLUDE; (I) COSTS FOR TANGIBLE PROPERTY OR SERVICES
USED OR PERFORMED OUTSIDE OF THIS STATE, (II) PERFORMANCE FEES FOR
ARTISTS, (III) SALARIES OR RELATED COMPENSATION FOR PRODUCERS OR SONG-
WRITERS;, (IV) COMPOSER, ARTIST OR PRODUCER RESIDUAL ROYALTIES OR
ADVANCES, (V) LICENSING FEES FOR SAMPLES, (VI) INTERPOLATIONS OR OTHER
MUSIC CLEARANCE COSTS, (VII) MASTERING OR POST-PRODUCTION EXPENDITURES
FOR PROJECTS THAT WERE NOT PRINCIPALLY TRACKED AND RECORDED IN THIS
A. 9009--B 121
STATE, OR (VIII) ANY COSTS ASSOCIATED WITH MANUFACTURING, DUPLICATION,
PACKAGING, DISTRIBUTION, PROMOTION, MARKETING OR TOURING NOT SPECIF-
ICALLY OUTLINED IN THIS SUBPARAGRAPH. WITH RESPECT TO THE PRODUCTION OF
A MUSIC VIDEO, ELIGIBLE PRODUCTION COSTS ARE THOSE DEFINED IN PARAGRAPH
TWO OF SUBDIVISION (B) OF SECTION TWENTY-FOUR OF THIS ARTICLE. SUCH
TOTAL PRODUCTION COSTS INCURRED AND PAID IN THIS STATE SHALL BE EQUAL TO
OR EXCEED SEVENTY-FIVE PERCENT OF TOTAL COST OF AN ELIGIBLE PRODUCTION
INCURRED AND PAID WITHIN AND WITHOUT THIS STATE.
(D) REPORTING. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL SUBMIT AN
ANNUAL REPORT, ON OR BEFORE DECEMBER FIRST OF EACH YEAR, TO THE GOVER-
NOR, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, INCLUDING, BUT NOT
LIMITED TO, THE FOLLOWING INFORMATION REGARDING THE PREVIOUS CALENDAR
YEAR REGIONALLY, FOR ACTIVITY WITHIN AND WITHOUT THE METROPOLITAN COMMU-
TER TRANSPORTATION DISTRICT; THE TOTAL DOLLAR AMOUNT OF CREDITS ALLO-
CATED, THE NAME AND ADDRESS OF EACH ELIGIBLE MUSIC PRODUCTION ENTITY
ALLOCATED CREDITS UNDER THIS SECTION, AND THE TOTAL AMOUNT OF CREDITS
ALLOCATED TO EACH ELIGIBLE MUSIC PRODUCTION ENTITY. THE REPORT MAY ALSO
INCLUDE ANY RECOMMENDATIONS FOR CHANGES IN THE CALCULATION OR ADMINIS-
TRATION OF THE CREDIT, AND ANY OTHER INFORMATION REGARDING THIS CREDIT
AS MAY BE USEFUL AND APPROPRIATE.
(E) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE NINE-A: SECTION TWO HUNDRED TEN-B, SUBDIVISION FORTY-NINE.
(2) ARTICLE TWENTY-TWO: SECTION SIX HUNDRED SIX, SUBSECTION (I), PARA-
GRAPH ONE, SUBPARAGRAPH (B), CLAUSE (XLI).
(3) ARTICLE TWENTY-TWO: SECTION SIX HUNDRED SIX, SUBSECTION (CCC).
S 2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
49. EMPIRE STATE MUSIC PRODUCTION CREDIT. (A) ALLOWANCE OF CREDIT. A
TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION FORTY-TWO OF THIS CHAPTER
SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SUCH SECTION
FORTY-TWO AGAINST THE TAX IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, THAT IF THE
AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
YEAR REDUCES THE TAX TO SUCH AMOUNT, THE EXCESS SHALL BE TREATED AS AN
OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER, PROVIDED,
HOWEVER, NO INTEREST SHALL BE PAID THEREON.
S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) EMPIRE STATE MUSIC AMOUNT OF CREDIT
PRODUCTION CREDIT UNDER UNDER SUBDIVISION
SUBSECTION (CCC) FORTY-NINE OF SECTION TWO HUNDRED
TEN-B
S 4. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) EMPIRE STATE MUSIC PRODUCTION CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER WHO IS ELIGIBLE PURSUANT TO SECTION FORTY-TWO OF THIS CHAPTER
SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SUCH SECTION
FORTY-TWO AGAINST THE TAX IMPOSED BY THIS ARTICLE.
A. 9009--B 122
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
S 5. Subdivision 11 of section 352 of the economic development law is
REPEALED.
S 6. Subdivisions 1, 3 and 5 of section 353 of the economic develop-
ment law, as amended by section 2 of part K of chapter 59 of the laws of
2015, are amended to read as follows:
1. To be a participant in the excelsior jobs program, a business enti-
ty shall operate in New York state predominantly:
(a) as a financial services data center or a financial services back
office operation;
(b) in manufacturing;
(c) in software development and new media;
(d) in scientific research and development;
(e) in agriculture;
(f) in the creation or expansion of back office operations in the
state;
(g) in a distribution center;
(h) in an industry with significant potential for private-sector
economic growth and development in this state as established by the
commissioner in regulations promulgated pursuant to this article. In
promulgating such regulations the commissioner shall include job and
investment criteria;
(i) as an entertainment company[; or
(j) in music production].
3. For the purposes of this article, in order to participate in the
excelsior jobs program, a business entity operating predominantly in
manufacturing must create at least ten net new jobs; a business entity
operating predominately in agriculture must create at least five net new
jobs; a business entity operating predominantly as a financial service
data center or financial services customer back office operation must
create at least fifty net new jobs; a business entity operating predomi-
nantly in scientific research and development must create at least five
net new jobs; a business entity operating predominantly in software
development must create at least five net new jobs; a business entity
creating or expanding back office operations must create at least fifty
net new jobs; [a business entity operating predominately in music
production must create at least five net new jobs;] a business entity
operating predominantly as an entertainment company must create or
obtain at least one hundred net new jobs; or a business entity operating
predominantly as a distribution center in the state must create at least
seventy-five net new jobs, notwithstanding subdivision five of this
section; or a business entity must be a regionally significant project
as defined in this article; or
5. A not-for-profit business entity, a business entity whose primary
function is the provision of services including personal services, busi-
ness services, or the provision of utilities, and a business entity
engaged predominantly in the retail or entertainment industry, other
than a business operating as an entertainment company as defined in this
article [and other than a business entity engaged in music production],
and a company engaged in the generation or distribution of electricity,
the distribution of natural gas, or the production of steam associated
A. 9009--B 123
with the generation of electricity are not eligible to receive the tax
credit described in this article.
S 7. The state commissioner of economic development, after consulting
with the state commissioner of taxation and finance, shall promulgate
regulations by October 31, 2016 to establish procedures for the allo-
cation of tax credits as required by subdivision (a) of section 42 of
the tax law. Such rules and regulations shall include provisions
describing the application process, the due dates for such applications,
the standards which shall be used to evaluate the applications, the
documentation that will be provided to taxpayers substantiate to the New
York state department of taxation and finance the amount of tax credits
allocated to such taxpayers, under what conditions all or a portion of
this tax credit may be revoked, and such other provisions as deemed
necessary and appropriate. Notwithstanding any other provisions to the
contrary in the state administrative procedure act, such rules and regu-
lations may be adopted on an emergency basis if necessary to meet such
October 31, 2016 deadline.
S 8. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.
PART AAA
Section 1. Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 44 to read as follows:
(44) SCHOOL BUSES AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED
FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, AND PARTS, EQUIPMENT, LUBRI-
CANTS AND FUEL PURCHASED AND USED IN THEIR OPERATION.
S 2. This act shall take effect on the first day of a quarterly sales
tax period, as set forth in subdivision (b) of section 1136 of the tax
law, next succeeding April 1, 2016. Provided, however, that the commis-
sioner of taxation and finance may take any action necessary for the
timely implementation of this act on or before the date on which it
shall have become a law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through AAA of this act shall
be as specifically set forth in the last section of such Parts.