NY State Senate Bill 2017-S4579

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Feb 21, 2017	referred to investigations and government operations

co-Sponsors

2017-S4579 (ACTIVE) - Details

See Assembly Version of this Bill:: A6270
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4239, A8702
2011-2012: S912, A5542
2013-2014: S3266, A5834
2015-2016: S3110, A6458
2019-2020: S3982, A5750
2021-2022: S1434
2023-2024: S1244

2017-S4579 (ACTIVE) - Summary

Creates the middle class circuit breaker tax credit and a tax reform study commission.

2017-S4579 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4579

 TITLE OF BILL :

An act to amend the tax law, in relation to creating the middle class
circuit breaker tax credit and creating a tax reform study commission

 PURPOSE OR GENERAL IDEA OF BILL :

To provide a personal income tax credit for certain property taxpayers
who pay a disproportionate share of their income to property taxes.

 SUMMARY OF SPECIFIC PROVISIONS :

SECTION 1: Adds a new subsection (ccc) to section 606 of the tax law
to provide for a real property tax credit. The credit will be based on
the income of the household and the percentage that said household
pays for real property taxes.

 FOR HOMEOWNERS

For taxable years starting in 2018:

Household Adjusted Gross Income TaxÑMaximum Real Property Tax

$100,000 or lessÑReal Property taxes paid

Ñin excess of 9% of
Ñsaid income can receive
Ña personal income tax
Ñcredit of 70% of the overage.

$100,00+ÑNo credit.

For taxable years starting in 2019:

Household Adjusted Gross Income Tax
Maximum Real Property Tax

$100,000 or lessÑReal Property taxes paid
Ñin excess of 8.5%
Ñof said income can
Ñreceive a personal
Ñincome tax credit of
Ñ70% of the overage.

$100,001+ÑNo credit.

For taxable years starting in 2020:ÑHousehold Adjusted Gross Income
ÑTax

Maximum Real Property Tax

$100,000 or lessÑReal Property taxes paid in
Ñexcess of 7.5% of said
Ñincome can receive
Ña personal income tax
Ñcredit of 70% of
Ñthe overage.

$100,001 - $150,000ÑReal Property taxes paid
Ñin excess of 7.5% of
Ñthe first $100,000 of
Ñsaid income PLUS 8.5%
Ñof said income
Ñabove $100,000 can
Ñreceive a personal
Ñincome tax credit
Ñof 70% of the overage.

$150,001+ÑNo credit.

For taxable years starting in 2021:ÑHousehold Adjusted Gross Income
ÑTax Maximum Real Property Tax

$100,000 or lessÑReal Property taxes paid
Ñin excess of 6% of said
Ñincome can receive a
Ñpersonal income tax
Ñcredit of 70% of
Ñthe overage.

$100,001 - $150,000ÑReal Property taxes paid
Ñin excess of 6% if the
Ñfirst $100,000 of said
Ñincome PLUS 7% of said
Ñincome above $100,000
Ñcan receive a personal
Ñincome tax credit of
Ñ70% of the overage.

$150,001 - $250,000ÑReal Property taxes paid
ÑIn excess of 6% of the
Ñfirst $100,000 of said
Ñincome PLUS 7% of the
Ñnext $50,000 of said
Ñincome PLUS 8.5% of
Ñsaid income above
Ñ$150,000 can receive
Ña personal income tax
Ñcredit of 70% of
Ñthe overage

To  qualify,  the  taxpayer must have resided in the home for not less
than five years. Also, the taxpayer may still benefit from  the  Basic
STAR  exemption  or  the  Enhanced STAR exemption for senior citizens.
The credit will equal seventy percent  of  the  taxes  paid  over  the
allowed percentage cap as provided in the bill.

The act would also provide for a "real property tax equivalent" in the
case  of  taxpayers  who  rent real property as their primary New York
State residence.

For taxable years starting in 2017 the "real property tax  equivalent"
equal  to  15% of the adjusted rent actually paid in the taxable year.
Taxable years starting in 2019, the amount is increased to 20% of  the
adjusted rent actually paid in the taxable year.

SECTION  2:  Creates  a  tax reform study commission with appointments
from the Senate, Assembly  and  the  Executive.  The  commission  will
review  the  state's  existing property tax reform programs as well as
programs enacted in other states.

SECTION 3: Contains the effective date.

 JUSTIFICATION :

The middle class property tax circuit breaker  program  is  a  concept
that  has  successfully  been used in several states to Provide relief
from a residential homeowner's property tax when it exceeds a  certain
portion  of their household income. It has been traditionally Used for
homeowners with very low incomes and low assessments. New  York  State
currently  has  a  circuit  breaker  provision  that  has  existed for
decades, but the maximum eligible household income is $18,000 and  the
maximum  eligible home value is $85,000. This new program would target
middle-class  New   Yorkers   who   have   financially   suffered   as
municipalities  have  had  to rely more heavily on real property taxes
for local government revenue. Many homeowners are  facing  sky-racking
real  property  tax  bills  as  a result they are often faced with the
serious threat of defaulting on their property taxes and/or  seriously
consider selling their homes.

Critics  of  the  New  York's  STAR  program  have  claimed that it is
inequitable because it does not draw a connection between a taxpayer's
household income and the amount of his tax bill. The Middle Class STAR
Rebate Checks program, which began in 1970 and was eliminated in 2009,
compounded this effect because  it  calculated  a  household's  rebate
amount  as  a  percentage  of  the  value  of its STAR exemption. This
legislation seeks to resolve these limitations and remain sensitive to
the State's current financial crisis.   Additionally, the  bill  would
add  progressivity  to  property tax relief and extend the benefits to
property renters who are often burdened with  property  taxes  in  the
cost  of their rent. The bill is phased in over four years in order to
take the state's fiscal situation into  consideration  while  ensuring
that the most overburdened property taxpayers, based on the percentage
of  income  they  are  paying  in property tax on their home, will get
relief quickly.

 FISCAL IMPLICATIONS :

The program is phased in over four  years  and  will  cost  the  State
nothing in the first year. For year two the cost will be $1.1 billion;
year  three will cost $1.8 billion and every year after will cost $2.3
billion.

 EFFECTIVE DATE :
Immediately after enactment

2017-S4579 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4579
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sens. KRUEGER, BAILEY, HAMILTON, MONTGOMERY, SQUADRON --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Investigations and Government Operations
 
 AN  ACT  to  amend the tax law, in relation to creating the middle class
   circuit breaker tax credit and creating a tax reform study commission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ccc) to read as follows:
   (CCC) MIDDLE CLASS CIRCUIT BREAKER CREDIT. (1)  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SUBSECTION:
   (A)  "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF THE STATE WHO
 OWNS OR RENTS THE RESIDENTIAL REAL PROPERTY IN WHICH HE OR SHE  RESIDES,
 AND HAS RESIDED IN SUCH RESIDENTIAL REAL PROPERTY FOR NOT LESS THAN FIVE
 YEARS.
   (B)  "HOUSEHOLD"  OR  "MEMBERS  OF  THE  HOUSEHOLD"  MEANS A QUALIFIED
 TAXPAYER OR QUALIFIED TAXPAYERS AND ALL OTHER PERSONS,  NOT  NECESSARILY
 RELATED,  WHO  ALL  RESIDE IN THE RESIDENTIAL REAL PROPERTY OWNED BY THE
 TAXPAYER OR TAXPAYERS, AND SHARE ITS FURNISHINGS, FACILITIES AND  ACCOM-
 MODATIONS;  PROVIDED  THAT  NO  PERSON  MAY BE A MEMBER OF MORE THAN ONE
 HOUSEHOLD AT ONE TIME.
   (C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
 OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE  YEAR  AS  REPORTED  FOR
 FEDERAL  INCOME  TAX  PURPOSES,  OR  WHICH WOULD BE REPORTED AS ADJUSTED
 GROSS INCOME IF A FEDERAL INCOME TAX RETURN WERE REQUIRED TO  BE  FILED,
 WITH  THE  MODIFICATIONS IN SUBSECTION (B) OF SECTION SIX HUNDRED TWELVE
 OF THIS ARTICLE BUT WITHOUT THE MODIFICATIONS IN SUBSECTION (C) OF  SUCH
 SECTION, PLUS ANY PORTION OF THE GAIN FROM THE SALE OR EXCHANGE OF PROP-
 ERTY  OTHERWISE  EXCLUDED  FROM  SUCH AMOUNT; EARNED INCOME FROM SOURCES
 WITHOUT THE UNITED  STATES  EXCLUDABLE  FROM  FEDERAL  GROSS  INCOME  BY
 SECTION  NINE HUNDRED ELEVEN OF THE INTERNAL REVENUE CODE; SUPPORT MONEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03727-01-7

 S. 4579                             2
 
 NOT INCLUDED IN  ADJUSTED  GROSS  INCOME;  NONTAXABLE  STRIKE  BENEFITS;
 SUPPLEMENTAL  SECURITY  INCOME PAYMENTS; THE GROSS AMOUNT OF ANY PENSION
 OR ANNUITY BENEFITS TO THE EXTENT NOT INCLUDED IN  SUCH  ADJUSTED  GROSS
 INCOME  (INCLUDING, BUT NOT LIMITED TO, RAILROAD RETIREMENT BENEFITS AND
 ALL PAYMENTS RECEIVED UNDER THE FEDERAL SOCIAL SECURITY ACT  AND  VETER-
 ANS'  DISABILITY  PENSIONS); NONTAXABLE INTEREST RECEIVED FROM THE STATE
 OF NEW YORK, ITS AGENCIES, INSTRUMENTALITIES,  PUBLIC  CORPORATIONS,  OR
 POLITICAL  SUBDIVISIONS (INCLUDING A PUBLIC CORPORATION CREATED PURSUANT
 TO AGREEMENT OR COMPACT WITH ANOTHER STATE OR CANADA); WORKERS'  COMPEN-
 SATION;  THE GROSS AMOUNT OF "LOSS-OF-TIME" INSURANCE; AND THE AMOUNT OF
 CASH PUBLIC ASSISTANCE AND RELIEF, OTHER THAN MEDICAL ASSISTANCE FOR THE
 NEEDY, PAID TO OR FOR THE BENEFIT OF THE QUALIFIED TAXPAYER  OR  MEMBERS
 OF  HIS  OR  HER  HOUSEHOLD.  HOUSEHOLD GROSS INCOME SHALL   NOT INCLUDE
 SURPLUS FOODS OR OTHER RELIEF IN KIND OR PAYMENTS  MADE  TO  INDIVIDUALS
 BECAUSE  OF  THEIR  STATUS  AS VICTIMS OF NAZI PERSECUTION AS DEFINED IN
 PUBLIC LAW 103-286 OR ANY DISABILITY COMPENSATION RECEIVED  BY  VETERANS
 ON  ACCOUNT  OF INJURY OR ILLNESS INCURRED OR AGGRAVATED DURING MILITARY
 SERVICE IN THE WARS IN AFGHANISTAN AND IRAQ  SINCE  SEPTEMBER  ELEVENTH,
 TWO  THOUSAND ONE.  PROVIDED, FURTHER, HOUSEHOLD GROSS INCOME SHALL ONLY
 INCLUDE ALL SUCH INCOME RECEIVED BY ALL MEMBERS OF THE  HOUSEHOLD  WHILE
 MEMBERS OF SUCH HOUSEHOLD.
   (D)  "ADJUSTED  RENT"  MEANS RENT PAID FOR THE RIGHT OF OCCUPANCY OF A
 RESIDENCE.
   (E) "REAL PROPERTY TAX EQUIVALENT" MEANS (1) FOR TAXABLE YEARS  BEGIN-
 NING  IN  TWO  THOUSAND  EIGHTEEN,  FIFTEEN PERCENT OF THE ADJUSTED RENT
 ACTUALLY PAID IN THE TAXABLE YEAR BY A HOUSEHOLD SOLELY FOR THE RIGHT OF
 OCCUPANCY OF ITS NEW YORK RESIDENCE FOR THE TAXABLE YEAR. IF (I) A RESI-
 DENCE IS RENTED TO TWO OR MORE INDIVIDUALS AS COTENANTS, OR  SUCH  INDI-
 VIDUALS SHARE IN THE PAYMENT OF A SINGLE RENT FOR THE RIGHT OF OCCUPANCY
 OF  SUCH RESIDENCE, AND (II) EACH OF SUCH INDIVIDUALS  IS A MEMBER OF  A
 DIFFERENT HOUSEHOLD, ONE OR MORE OF WHICH INDIVIDUALS SHARES SUCH  RESI-
 DENCE,  REAL  PROPERTY TAX EQUIVALENT IS THAT PORTION OF FIFTEEN PERCENT
 OF THE ADJUSTED RENT PAID  IN  THE  TAXABLE  YEAR  WHICH  REFLECTS  THAT
 PORTION  OF  THE  RENT  ATTRIBUTABLE  TO  THE QUALIFIED TAXPAYER AND THE
 MEMBERS OF HIS OR HER HOUSEHOLD; AND (2) FOR TAXABLE YEARS BEGINNING  IN
 TWO  THOUSAND TWENTY AND THEREAFTER, TWENTY PERCENT OF THE ADJUSTED RENT
 ACTUALLY PAID IN THE TAXABLE YEAR  BY A HOUSEHOLD SOLELY FOR  THE  RIGHT
 OF  OCCUPANCY  OF  ITS NEW YORK RESIDENCE FOR THE TAXABLE YEAR. IF (I) A
 RESIDENCE IS RENTED TO TWO OR MORE INDIVIDUALS  AS  COTENANTS,  OR  SUCH
 INDIVIDUALS SHARE IN THE PAYMENT OF A SINGLE RENT FOR THE RIGHT OF OCCU-
 PANCY  OF  SUCH RESIDENCE, AND (II) EACH OF SUCH INDIVIDUALS IS A MEMBER
 OF A DIFFERENT HOUSEHOLD, ONE OR MORE OF WHICH INDIVIDUALS  SHARES  SUCH
 RESIDENCE,  REAL  PROPERTY  TAX  EQUIVALENT  IS  THAT  PORTION OF TWENTY
 PERCENT OF THE ADJUSTED RENT PAID IN THE  TAXABLE  YEAR  WHICH  REFLECTS
 THAT  PORTION OF THE RENT ATTRIBUTABLE TO THE QUALIFIED TAXPAYER AND THE
 MEMBERS OF HIS OR HER HOUSEHOLD.
   (F) "NET REAL PROPERTY TAX" MEANS THE REAL PROPERTY TAXES ASSESSED  ON
 THE  RESIDENTIAL  REAL  PROPERTY  OWNED  AND OCCUPIED BY THE TAXPAYER OR
 TAXPAYERS AFTER ANY EXEMPTION OR ABATEMENT RECEIVED PURSUANT TO THE REAL
 PROPERTY TAX LAW.
   (2) CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE
 TAXES IMPOSED BY THIS ARTICLE, EQUAL TO SEVENTY PERCENT OF THE AMOUNT BY
 WHICH THE TAXPAYER'S NET REAL PROPERTY TAX OR THE TAXPAYER'S REAL  PROP-
 ERTY TAX EQUIVALENT EXCEEDS THE TAXPAYER'S MAXIMUM REAL PROPERTY TAX, AS
 DETERMINED BY PARAGRAPH THREE OF THIS SUBSECTION. IF SUCH CREDIT EXCEEDS
 THE TAX FOR SUCH TAXABLE YEAR, AS REDUCED BY THE OTHER CREDITS PERMITTED

 S. 4579                             3
 
 BY  THIS  ARTICLE,  THE  QUALIFIED  TAXPAYER  MAY RECEIVE, AND THE COMP-
 TROLLER, SUBJECT TO A CERTIFICATE OF THE DEPARTMENT,  SHALL  PAY  AS  AN
 OVERPAYMENT, WITHOUT INTEREST, ANY EXCESS BETWEEN SUCH TAX AS SO REDUCED
 AND THE AMOUNT OF THE CREDIT. IF A QUALIFIED TAXPAYER IS NOT REQUIRED TO
 FILE A RETURN PURSUANT TO SECTION SIX HUNDRED FIFTY-ONE OF THIS ARTICLE,
 A  QUALIFIED  TAXPAYER  MAY  NEVERTHELESS  RECEIVE  AND THE COMPTROLLER,
 SUBJECT TO A CERTIFICATE OF THE DEPARTMENT, SHALL PAY AS AN  OVERPAYMENT
 THE FULL AMOUNT OF THE CREDIT, WITHOUT INTEREST.
   (3) MAXIMUM REAL PROPERTY TAX. (A) A QUALIFIED TAXPAYER'S MAXIMUM REAL
 PROPERTY TAX SHALL BE DETERMINED AS FOLLOWS:
   (I) FOR TAX YEARS BEGINNING IN TWO THOUSAND EIGHTEEN:
 HOUSEHOLD GROSS INCOME               MAXIMUM REAL PROPERTY TAX
 ONE HUNDRED THOUSAND                 NINE PERCENT OF THE
 DOLLARS OR LESS                      HOUSEHOLD GROSS INCOME
 MORE THAN ONE HUNDRED                NO LIMITATION.
 THOUSAND DOLLARS
 
   (II) FOR TAX YEARS BEGINNING IN TWO THOUSAND NINETEEN:
 HOUSEHOLD GROSS INCOME               MAXIMUM REAL PROPERTY TAX
 ONE HUNDRED THOUSAND                 EIGHT AND ONE-HALF PERCENT OF THE
 DOLLARS OR LESS                      HOUSEHOLD GROSS INCOME
 MORE THAN ONE HUNDRED                NO LIMITATION.
 THOUSAND DOLLARS
 
   (III) FOR TAX YEARS BEGINNING IN TWO THOUSAND TWENTY:
 HOUSEHOLD GROSS INCOME               MAXIMUM REAL PROPERTY TAX
 ONE HUNDRED THOUSAND DOLLARS         SEVEN AND ONE-HALF PERCENT OF
 OR LESS                              HOUSEHOLD GROSS INCOME
 MORE THAN ONE HUNDRED THOUSAND       SEVEN AND ONE-HALF PERCENT OF
 DOLLARS, BUT LESS THAN OR EQUAL TO   ONE HUNDRED THOUSAND DOLLARS
 ONE HUNDRED FIFTY THOUSAND DOLLARS   PLUS EIGHT AND ONE-HALF PERCENT OF
                                      HOUSEHOLD GROSS INCOME ABOVE
                                      ONE HUNDRED THOUSAND DOLLARS
 MORE THAN ONE HUNDRED FIFTY          NO LIMITATION.
 THOUSAND DOLLARS
 
   (IV) FOR TAX YEARS BEGINNING IN TWO THOUSAND TWENTY-ONE AND THEREAFTER:
 HOUSEHOLD GROSS INCOME               MAXIMUM REAL PROPERTY TAX
 ONE HUNDRED THOUSAND                 SIX PERCENT OF HOUSEHOLD GROSS
 DOLLARS OR LESS                      INCOME
 MORE THAN ONE HUNDRED THOUSAND       SIX PERCENT OF ONE HUNDRED
 DOLLARS, BUT LESS THAN OR EQUAL TO   THOUSAND DOLLARS PLUS SEVEN
 ONE HUNDRED FIFTY THOUSAND DOLLARS   PERCENT OF HOUSEHOLD GROSS INCOME
                                      ABOVE ONE HUNDRED THOUSAND DOLLARS
 MORE THAN ONE HUNDRED FIFTY          SIX PERCENT OF ONE HUNDRED THOUSAND
 THOUSAND DOLLARS, BUT LESS THAN      DOLLARS PLUS SEVEN
 OR EQUAL TO TWO HUNDRED FIFTY        PERCENT OF FIFTY THOUSAND DOLLARS
 THOUSAND DOLLARS                     PLUS EIGHT AND ONE-HALF PERCENT OF
                                      HOUSEHOLD GROSS INCOME ABOVE ONE
                                      HUNDRED FIFTY THOUSAND DOLLARS
 MORE THAN TWO HUNDRED FIFTY          NO LIMITATION.
 THOUSAND DOLLARS
   (B)  THE  THRESHOLDS  OF  HOUSEHOLD GROSS INCOME ESTABLISHED BY CLAUSE
 (IV) OF  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH  SHALL  BE  INDEXED  FOR
 INFLATION  FOR TAX YEARS BEGINNING IN TWO THOUSAND TWENTY-TWO AND THERE-
 AFTER.

 S. 4579                             4
 
   (4) EXCLUSIONS FROM ELIGIBILITY. NO CREDIT SHALL BE GRANTED UNDER THIS
 SUBSECTION IF THE  QUALIFIED  TAXPAYER  CLAIMS  THE  REAL  PROPERTY  TAX
 CIRCUIT  BREAKER  CREDIT,  PURSUANT  TO  SUBSECTION (E) OF THIS SECTION,
 DURING THE TAXABLE YEAR.
   §  2.  There  is  hereby  established a tax reform study commission to
 provide the governor and the  legislature  with  a  long  run  plan  for
 reforming  the state and local tax systems. The tax reform study commis-
 sion shall consist of five  members  appointed  by  the  governor,  four
 members  each appointed by the speaker of the assembly and the temporary
 president of the senate, and one member each appointed by  the  minority
 leader  of  the senate and the minority leader of the assembly. In addi-
 tion, on or before January 1, 2020,  the  tax  reform  study  commission
 shall  provide  the governor and the legislature with recommendations on
 any changes that should be made in the definitions of income used in the
 various property tax relief programs authorized by the laws of the state
 of New York. Such recommendations shall be based on  an  examination  of
 such  laws and of such laws in other states. In preparing such recommen-
 dations, the tax reform study commission shall review the distributional
 impact of the items of income included in the  definition  of  household
 income for purposes of the circuit breaker and other property tax relief
 programs established by state law and make recommendations to the gover-
 nor and the legislature for any changes in any of these definitions that
 the  tax  reform study commission deems appropriate. The commissioner of
 taxation and finance and the director of the  office  of  real  property
 services  shall  provide  the tax reform study commission with such data
 and analysis as it may require.
   § 3. This act shall take effect immediately.

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Senate Bill S4579

Sponsored By

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

co-Sponsors

2017-S4579 (ACTIVE) - Details

2017-S4579 (ACTIVE) - Summary

2017-S4579 (ACTIVE) - Sponsor Memo

2017-S4579 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4579

Share this bill

Sponsored By

Liz Krueger

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

co-Sponsors

Jamaal T. Bailey

Jesse Hamilton

Velmanette Montgomery

2017-S4579 (ACTIVE) - Details

2017-S4579 (ACTIVE) - Summary

2017-S4579 (ACTIVE) - Sponsor Memo

2017-S4579 (ACTIVE) - Bill Text download pdf

Comments