S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3505
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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  advance  payments  of  the
   school tax relief credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (B) and (C) of  paragraph  10  of  subsection
 (eee)  of  section 606 of the tax law, as amended by section 8 of part A
 of chapter 73 of the laws of 2016, are amended to read as follows:
   (B) On or before September [fifteenth] FIRST of each year, or as  soon
 thereafter  as  practicable, the commissioner shall determine the eligi-
 bility of taxpayers for this credit utilizing the information  available
 to  him  or her as obtained from the applications submitted on or before
 July first of that year, or such later date as may have been  prescribed
 by the commissioner for that purpose, and from such other sources as the
 commissioner  deems  reliable  and appropriate. For those taxpayers whom
 the commissioner has determined eligible for this  credit,  the  commis-
 sioner  shall  advance  a  payment  in the amount specified in paragraph
 three, four or six of this subsection,  whichever  is  applicable.  Such
 payment  shall  be issued by September [thirtieth] FIFTEENTH of the year
 the credit is allowed, or as soon thereafter as is practicable.  Nothing
 contained herein shall be deemed to preclude the commissioner from issu-
 ing payments after September  thirtieth  to  qualified  taxpayers  whose
 applications were made after July first of that year, or such later date
 as  may  have  been  prescribed  by  the  commissioner for such purpose.
 PROVIDED, HOWEVER, FOR A QUALIFIED TAXPAYER THAT  HAS  APPLIED  FOR  THE
 ADVANCED PAYMENT BY JULY FIRST OF THE TAX YEAR OR IS ALREADY ELIGIBLE TO
 RECEIVE AN ADVANCED PAYMENT PRIOR TO JULY FIRST, IF THE ADVANCED PAYMENT
 IS  NOT  POSTMARKED  BY  THE FIFTEENTH OF SEPTEMBER OR THE AMOUNT OF THE
 ADVANCED PAYMENT THAT IS POSTMARKED BY THE  FIFTEENTH  OF  SEPTEMBER  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08572-01-7

 S. 3505                             2
 
 LESS  THAN THE AMOUNT DUE THE TAXPAYER THEN THE QUALIFIED TAXPAYER SHALL
 RECEIVE AN AMOUNT EQUAL TO THE INTEREST AND PENALTY PAYMENT  IMPOSED  BY
 THE  SCHOOL DISTRICT FOR LATE PAYMENT OF THE SCHOOL TAX BILL PLUS INTER-
 EST  PURSUANT  TO  PARAGRAPH  (I) OF SECTION SIX HUNDRED EIGHTY-EIGHT OF
 THIS ARTICLE.
   (C) A taxpayer who has failed to receive an advance payment that he or
 she believes was due to him or her,  or  who  has  received  an  advance
 payment  that he or she believes is less than the amount that was due to
 him or her, OR WHO DID NOT RECEIVE  THE  ADVANCE  PAYMENT  BY  THE  DATE
 PRESCRIBED  IN SUBPARAGRAPH (B) OF THIS PARAGRAPH may request payment of
 the claimed deficiency PLUS THE AMOUNT OF INTEREST AND  PENALTY  PAYMENT
 IMPOSED  BY  THE SCHOOL DISTRICT FOR LATE PAYMENT OF THE SCHOOL TAX BILL
 AND INTEREST PURSUANT TO PARAGRAPH (I) OF SECTION  SIX  HUNDRED  EIGHTY-
 EIGHT  OF  THIS  ARTICLE  in  a  manner  prescribed by the commissioner.
 PROVIDED, HOWEVER, IF A TAXPAYER RECEIVES  AN  ADVANCED  PAYMENT  ON  OR
 AFTER  OCTOBER  FIRST,  THE TAXPAYER IS NOT ELIGIBLE FOR ANY INTEREST OR
 PENALTY IMPOSED BY THE SCHOOL DISTRICT THAT IS  INCURRED  FIVE  BUSINESS
 DAYS AFTER THE POSTMARK OF THE ADVANCED PAYMENT.
   §  2.  Section 688 of the tax law is amended by adding a new paragraph
 (i) to read as follows:
   (I) NOTWITHSTANDING ANY OTHER PROVISIONS  IN  THIS  SECTION,  INTEREST
 WILL  BE  ALLOWED  ON  ANY ADVANCE PAYMENT ALLOWED PURSUANT TO PARAGRAPH
 (EEE) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE THAT IS NOT  POSTMARKED
 BY THE FIFTEENTH OF SEPTEMBER OR IS LESS THAN THE AMOUNT DUE THE TAXPAY-
 ER  FOR  QUALIFIED  TAXPAYERS  THAT  HAS APPLIED FOR THE ADVANCE PAYMENT
 PRIOR TO JULY FIRST OF THAT TAX YEAR OR IS ALREADY ELIGIBLE  TO  RECEIVE
 AN ADVANCE PAYMENT PRIOR TO JULY FIRST.
   § 3. This act shall take effect immediately.