NY State Senate Bill 2015-S4194

Senate Bill S4194

2015-2016 Legislative Session

Provides that the income level for the requirement to file a personal income tax return shall be set by regulation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Mar 09, 2015	referred to investigations and government operations

2015-S4194 (ACTIVE) - Details

See Assembly Version of this Bill:: A6437
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §651, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5283, A661
2011-2012: S22, A5966
2013-2014: S188, A229
2017-2018: S2022, S7101, A8597
2019-2020: S2894
2021-2022: S2867
2023-2024: S621

2015-S4194 (ACTIVE) - Summary

Provides that the income level for the requirement to file a personal income tax return shall be the dollar amount of the New York standard deduction.

2015-S4194 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4194

TITLE OF BILL:

An act to amend the tax law, in relation to the requirement to file a
personal income tax return

PURPOSE:

To set minimum personal income tax filing levels at the level of the
federal adjusted gross income for the taxable year plus state addition
modifications in excess of the New York standard deduction, rather
than the arbitrary $4,000 which is currently in statute. This
effectively means that most persons with no State personal income tax
liability or refundable credits will not have to file state tax
returns

SUMMARY OF PROVISIONS:

Amends section 651 of the Tax Law to replace the statutory $4,000
filing minimum with a minimum equal to the federal adjusted gross
income for the taxable year plus state addition modifications in
excess of the New York standard deduction.

JUSTIFICATION:

The current $4,000 minimum filing limit has been in statute for many
years and forces persons who owe no taxes and who file no federal
returns to file State income tax returns. This is a burden for low
income persons, particularly senior citizens. It also adds
administrative costs for the Department of Taxation and Finance, which
must process numerous returns for which no tax is due. Persons with
incomes lower than the standard deduction owe no tax and this will
eliminate the patently unnecessary filing. The Department of Taxation
and Finance estimates that approximately 250,000 persons with no tax
liability and no refunds or refundable credits will be removed from
filing requirements, saving the department an estimated $500,000
annually in processing and administrative costs.  Furthermore, many of
the individuals who would no longer have to file would be retirees
with mostly exempt pension or annuity income.

LEGISLATIVE HISTORY:

2013-2014: S188/A229 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS/referred to ways and means
2011-2012: S22/A5966 - PASSED SENATE/referred to ways and means
2009-2010: S5283-A/A661-B - PASSED SENATE/ referred to ways and means
2007-2008: S917-A (Farley)/A10156 (Kavanagh)/A1309B (Aubertine)-
PASSED SENATE/ referred to ways and means
2005-2006: S1849-A (Farley)/A7712-A (Aubertine) - PASSED SENATE/
referred to ways and means
2003-2004: S979-B (Farley) - PASSED SENATE
2001-2002: S1601 (Farley) - PASSED SENATE

FISCAL IMPACT ON THE STATE:


Expected to reduce administrative costs of Department of Taxation and
Finance by $500,000 annually.

FISCAL IMPACT ON LOCALITIES:

None" The Department of Taxation and Finance has determined that the
change will not impact the allocation of state aid to school
districts"

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all taxable
years beginning on or after the date on which this act shall have
become law.

2015-S4194 (ACTIVE) - Bill Text download pdf

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

                                  4194

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 9, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to the requirement  to  file  a
  personal income tax return

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

  Section 1. Paragraph 1 of subsection (a) of section  651  of  the  tax
law,  as  amended  by  section  6 of part J of chapter 59 of the laws of
2014, is amended to read as follows:
  (1) every resident individual (A) [required to file a  federal  income
tax  return  for the taxable year, or (B)] having federal adjusted gross
income for the  taxable  year,  increased  by  the  modifications  under
subsection  (b) of section six hundred twelve OF THIS ARTICLE, in excess
of [four thousand dollars, or in excess of] his OR HER New York standard
deduction, [if lower,] or [(C)] (B) having received during  the  taxable
year  a  lump  sum  distribution  any portion of which is subject to tax
under section six hundred three OF THIS ARTICLE;
  S 2. This act shall take effect immediately and  shall  apply  to  all
taxable  years  beginning  on  or after the date on which this act shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01250-01-5

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