NY State Assembly Bill 2015-A7603A

Assembly Bill A7603A

2015-2016 Legislative Session

Establishes tax credits for premiums paid for life insurance which is used for long term health care

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Archive: Last Bill Status - In Assembly 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 12, 2016	print number 7603a
Jan 12, 2016	amend (t) and recommit to ways and means
Jan 06, 2016	referred to ways and means
May 20, 2015	referred to ways and means

Bill Amendments

Original

A (Active)

2015-A7603 - Details

See Senate Version of this Bill:: S5229
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§190, 210-B, 606 & 1511, Tax L; amd §1117, Ins L
Versions Introduced in 2017-2018 Legislative Session:: A5591, S3566

2015-A7603 - Summary

Establishes tax credits for premiums paid for life insurance which is used for long term health care; enhances tax credits for long term health care insurance premiums.

2015-A7603 - Bill Text download pdf

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

                                  7603

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend the tax law, in relation to credits for premiums paid
  for long-term care insurance policies

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

  Section 1.  Subdivision 1 of section 190 of the tax law, as amended by
section  102  of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
  1. General. A taxpayer shall be  allowed  a  credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH (C), (D), (E) OR (F)  OF  PARAGRAPH  ONE  OF  SUBSECTION  (A)  OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09827-01-5

A. 7603                             2

  S 2. Paragraph (a) of subdivision 14 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 equal to [twenty percent] THE FOLLOWING PERCENT-
AGES of the premium paid during the  taxable  year  for  long-term  care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH  (C),  (D),  (E)  OR  (F)  OF  PARAGRAPH ONE OF SUBSECTION (A) OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (I) FORTY PERCENT IF THE INSURED IS LESS THAN FORTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (II)  THIRTY  PERCENT  IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE,
BUT FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (III) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (IV)  TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S 3. Paragraph 1 of subsection (aa) of section 606 of the tax law,  as
amended  by  section  1  of part P of chapter 61 of the laws of 2005, is
amended to read as follows:
  (1) Residents. A taxpayer shall be allowed a credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH (C), (D), (E) OR (F)  OF  PARAGRAPH  ONE  OF  SUBSECTION  (A)  OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law. If  the  amount
of the credit allowable under this subsection for any taxable year 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.
  S 4. Paragraph 1 of subdivision (m) of section 1511 of the tax law, as
amended  by  section  21 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:

A. 7603                             3

  (1) A taxpayer shall be allowed a credit against the  tax  imposed  by
this  article equal to [twenty percent] THE FOLLOWING PERCENTAGES of the
premium paid during the taxable year for long-term care insurance  OR  A
LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPARAGRAPH (C), (D),
(E)  OR  (F)  OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND
ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A) FORTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY  OR  MORE  YEARS  OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (C) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN  FIFTY-FIVE  YEARS
OF  AGE,  BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR
THE FIRST FOUR POLICY YEARS; OR
  (D) TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS  OF  AGE
AT  THE  END  OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO HAVE HAD A
POLICY FOR FIVE YEARS OR MORE.
  In order to qualify for such credit, the  taxpayer's  premium  payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  5. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

co-Sponsors

multi-Sponsors

2015-A7603A (ACTIVE) - Details

See Senate Version of this Bill:: S5229
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §§190, 210-B, 606 & 1511, Tax L; amd §1117, Ins L
Versions Introduced in 2017-2018 Legislative Session:: A5591, S3566

2015-A7603A (ACTIVE) - Summary

Establishes tax credits for premiums paid for life insurance which is used for long term health care; enhances tax credits for long term health care insurance premiums.

2015-A7603A (ACTIVE) - Bill Text download pdf

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

                                 7603--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the tax law and the insurance law, in relation to cred-
  its for premiums paid for long-term care insurance policies

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

  Section 1.  Subdivision 1 of section 190 of the tax law, as amended by
section  102  of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
  1. General. A taxpayer shall be  allowed  a  credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF  SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09827-03-6

A. 7603--A                          2

care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  2. Paragraph (a) of subdivision 14 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 equal to [twenty percent] THE FOLLOWING PERCENT-
AGES of the premium paid during the  taxable  year  for  long-term  care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT  TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (I) FORTY PERCENT IF THE INSURED IS LESS THAN FORTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (II)  THIRTY  PERCENT  IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE,
BUT FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (III) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (IV)  TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S 3. Paragraph 1 of subsection (aa) of section 606 of the tax law,  as
amended  by  section  1  of part P of chapter 61 of the laws of 2005, is
amended to read as follows:
  (1) Residents. A taxpayer shall be allowed a credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF  SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law. If  the  amount
of the credit allowable under this subsection for any taxable year 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.

A. 7603--A                          3

  S 4. Paragraph 1 of subdivision (m) of section 1511 of the tax law, as
amended  by  section  21 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article equal to [twenty percent] THE FOLLOWING PERCENTAGES of  the
premium paid during the taxable year for long-term care insurance OR FOR
A  POLICY  RIDER  TO A LIFE INSURANCE POLICY ISSUED PURSUANT TO SUBPARA-
GRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION
ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A) FORTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY  OR  MORE  YEARS  OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (C) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN  FIFTY-FIVE  YEARS
OF  AGE,  BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR
THE FIRST FOUR POLICY YEARS; OR
  (D) TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS  OF  AGE
AT  THE  END  OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO HAVE HAD A
POLICY FOR FIVE YEARS OR MORE.
  In order to qualify for such credit, the  taxpayer's  premium  payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  5.  Paragraphs  1  and  2  of subsection (g) of section 1117 of the
insurance law, paragraph 1 as amended by chapter  417  of  the  laws  of
2001,  paragraph  2  as amended by section 12 of part E of chapter 63 of
the laws of 2000 and subparagraphs (A) and (B) of paragraph 2 as amended
by chapter 311 of the laws of 2002, are amended to read as follows:
  (1) Except for certain group contracts described in paragraph four  of
this subsection, in order for premium payments for long-term care insur-
ance,  OR  FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSUANT
TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION  (A)
OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS ARTICLE, to qualify
for  purposes of section one hundred ninety, subdivision [twenty-five-a]
FOURTEEN of section two hundred [ten] TEN-B, subsection (aa) of  section
six  hundred  six[,  subsection (k) of section one thousand four hundred
fifty-six] and subsection (m) of section one thousand five hundred elev-
en of the tax law, the long-term care insurance  OR  SUCH  POLICY  RIDER
must  be  approved  by  the  superintendent pursuant to this subsection.
Prior to approving any such insurance OR POLICY RIDER,  the  superinten-
dent  shall  conclude that it meets minimum standards, including minimum
loss ratio standards under this section or section  three  thousand  two
hundred  twenty-nine  of  this chapter and is a qualified long-term care
insurance contract as defined in section 7702B of the  internal  revenue
code.
  (2)  (A)  No  insurer,  agent, broker, person, business or corporation
doing business in or into this state shall in any manner  state,  adver-
tise  or claim that a long-term care insurance policy, OR A POLICY RIDER
TO A LIFE INSURANCE POLICY ISSUED PURSUANT  TO  SUBPARAGRAPH  (C),  (D),
(E),  OR  (F) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND
ONE HUNDRED THIRTEEN OF THIS ARTICLE,  qualifies  for  purposes  of  the
above-referenced provisions of the tax law unless either: (i) the super-
intendent has issued a letter or other written instrument to the insurer
stating  that  the policy OR POLICY RIDER has been determined to qualify
under this subsection, or (ii) the  policy  OR  POLICY  RIDER  qualifies

A. 7603--A                          4

under paragraph four of this subsection without the need for approval by
the superintendent.
  (B)  Any policy OR POLICY RIDER which is held out or purported to be a
long-term care insurance policy by any insurer, agent,  broker,  person,
business  or  corporation doing business in or into this state which has
not been determined by the superintendent to qualify and which does  not
qualify  under  paragraph  four  of  this subsection for purposes of the
above referenced provisions of the tax law shall so state clearly, legi-
bly and in close physical proximity to any description of the policy  OR
POLICY  RIDER  as  a long-term care insurance policy that it does not so
qualify. This subsection shall also be deemed to  cover  any  statement,
advertisement  or  claim  concerning  such policy by any insurer, agent,
broker, person, business or corporation doing business in or  into  this
state.
  (C)  Violation  of  this  paragraph shall be considered a misrepresen-
tation under section [twenty-one] TWO THOUSAND ONE hundred  twenty-three
of this chapter.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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Assembly Bill A7603A

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