LBD13277-03-7
S. 6830 2
RELIABILITY AND SAFETY OF THE AUTHORITY FACILITIES AND EQUIPMENT AND THE
SERVICES PROVIDED THEREBY. NO NOMINEE SHALL BE CONFIRMED UNTIL SUCH PLAN
SHALL HAVE BEEN RECEIVED AND REVIEWED BY EACH HOUSE OF THE LEGISLATURE.
3. THE EMERGENCY MANAGER SHALL HAVE ALL THE POWERS OF THE BOARD OF THE
AUTHORITY AS THEY RELATE TO EXPEDITING REPAIRS TO AUTHORITY FACILITIES
AND EQUIPMENT, EXPANDING CAPACITY, AND ENSURING RELIABILITY AND SAFETY
OF THE AUTHORITY FACILITIES AND EQUIPMENT AND SERVICES PROVIDED THEREBY,
AND SHALL IMPLEMENT THE PLAN HE OR SHE SUBMITTED TO THE LEGISLATURE. THE
EMERGENCY MANAGER'S AUTHORITY TO IMPLEMENT HIS OR HER PLAN SHALL SUPER-
SEDE THE AUTHORITY OF THE BOARD OF THE AUTHORITY, UNLESS SUCH BOARD
SHALL BY A VOTE OF TEN VOTING MEMBERS THEREOF OVERRIDES A SPECIFIC
ACTION OF THE EMERGENCY MANAGER.
§ 3. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (a) of section 601 of the tax law, as added by section 1 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable
income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.33% of excess over
$43,000
Over $161,550 but not over $323,200 $9,597 plus 6.57% of excess over
$161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
$323,200
Over $2,155,350 $145,720 plus 8.82% of excess over
$2,155,350
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE
INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.21% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,597 PLUS 6.57% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $20,218 PLUS 6.85% OF EXCESS OVER
$2,000,000 $323,200
S. 6830 3
OVER $2,000,000 BUT NOT OVER $135,079 PLUS 8.98% OF EXCESS
$6,000,000 OVER $2,000,000
OVER $6,000,000 BUT NOT OVER $494,279 PLUS 9.08% OF EXCESS
$11,000,000 OVER $6,000,000
OVER $11,000,000 $948,279 PLUS 9.28% OF EXCESS
OVER $11,000,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
Not over $17,150 4% of the New York taxable
income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $43,000 but not over $161,550 $2,093 plus 6.21% of excess over
$43,000
Over $161,550 but not over $323,200 $9,455 plus 6.49% of excess over
$161,550
Over $323,200 but not over $19,946 plus 6.85% of excess over
$2,155,350 $323,200
Over $2,155,350 $145,448 plus 8.82% of excess over
$2,155,350
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE
INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.21% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,455 PLUS 6.49% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $2,000,000 $19,946 PLUS 6.85% OF EXCESS OVER
$323,200
OVER $2,000,000 BUT NOT OVER $134,807 PLUS 8.98% OF EXCESS
$6,000,000 OVER 2,000,000
OVER $6,000,000 BUT NOT OVER $494,007 PLUS 9.08% OF EXCESS
$11,000,000 OVER $6,000,000
OVER $11,000,000 $948,000 PLUS 9.28% OVER
$11,000,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $17,150 4% of the New York taxable income
Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
S. 6830 4
$17,150
Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
$23,600
Over $27,900 but not over $43,000 $1,202 plus 5.9% of excess over
$27,900
Over $43,000 but not over $161,550 $2,093 plus 6.09% of excess over
$43,000
Over $161,550 but not over $323,200 $9,313 plus 6.41% of excess over
$161,550
Over $323,200 $19,674 plus 6.85% of excess over
$323,200
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $17,150 4% OF THE NEW YORK TAXABLE INCOME
OVER $17,150 BUT NOT OVER $23,600 $686 PLUS 4.5% OF EXCESS OVER
$17,150
OVER $23,600 BUT NOT OVER $27,900 $976 PLUS 5.25% OF EXCESS OVER
$23,600
OVER $27,900 BUT NOT OVER $43,000 $1,202 PLUS 5.9% OF EXCESS OVER
$27,900
OVER $43,000 BUT NOT OVER $161,550 $2,093 PLUS 6.09% OF EXCESS OVER
$43,000
OVER $161,550 BUT NOT OVER $323,200 $9,313 PLUS 6.41% OF EXCESS OVER
$161,550
OVER $323,200 BUT NOT OVER $19,674 PLUS 6.85% OF EXCESS OVER
$2,000,000 $323,200
OVER $2,000,000 BUT NOT OVER $134,535 PLUS 8.98% OF EXCESS OVER
$6,000,000 $2,000,000
OVER $6,000,000 BUT NOT OVER $493,735 PLUS 9.08% OF EXCESS OVER
$11,000,000 $6,000,000
OVER $11,000,000 $947,735 PLUS 9.28% OF EXCESS OVER
$11,000,000
§ 4. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (b) of section 601 of the tax law, as added by section 2 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.33% of excess over
$32,200
Over $107,650 but not over $269,300 $6,344 plus 6.57% of excess over
$107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
$269,300
Over $1,616,450 $109,244 plus 8.82% of excess over
S. 6830 5
$1,616,450
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.33% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,344 PLUS 6.57% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,964 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
OVER $1,605,650 BUT NOT OVER $108,504 PLUS 8.98% OF EXCESS OVER
$5,500,000 $1,605,650
OVER $5,500,000 BUT NOT OVER $458,217 PLUS 9.08% OF EXCESS OVER
$10,500,000 $5,500,000
OVER $10,500,000 $912,217 PLUS 9.28% OF EXCESS OVER
$10,500,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.21% of excess over
$32,200
Over $107,650 but not over $269,300 $6,253 plus 6.49% of excess over
$107,650
Over $269,300 but not over $16,744 plus 6.85% of excess over
$1,616,450 $269,300
Over $1,616,450 $109,024 plus 8.82% of excess over
$1,616,450
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.21% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,253 PLUS 6.49% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,744 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
S. 6830 6
OVER $1,605,650 BUT NOT OVER $108,284 PLUS 8.98% OF EXCESS OVER
$5,500,000 $1,605,650
OVER $5,500,000 BUT NOT OVER $457,997 PLUS 9.08% OF EXCESS OVER
$10,500,000 $5,500,000
OVER $10,500,000 $911,997 PLUS 9.28% OF EXCESS OVER
$10,500,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $12,800 4% of the New York taxable income
Over $12,800 but not over $17,650 $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
$17,650
Over $20,900 but not over $32,200 $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650 $1,568 plus 6.09% of excess over
$32,200
Over $107,650 but not over $269,300 $6,162 plus 6.41% of excess over
$107,650
Over $269,300 $16,524 plus 6.85% of excess over
$269,300
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,800 4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650 $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900 $730 PLUS 5.25% OF EXCESS OVER
$17,650
OVER $20,900 BUT NOT OVER $32,200 $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650 $1,568 PLUS 6.09% OF EXCESS OVER
$32,200
OVER $107,650 BUT NOT OVER $269,300 $6,162 PLUS 6.41% OF EXCESS OVER
$107,650
OVER $269,300 BUT NOT OVER $16,524 PLUS 6.85% OF EXCESS OVER
$1,605,650 $269,300
OVER $1,605,650 BUT NOT OVER $108,064 PLUS 8.98% OF EXCESS
$5,500,000 OVER $1,605,650
OVER $5,500,000 BUT NOT OVER $457,777 PLUS 9.08% OF EXCESS
$10,500,000 OVER $5,500,000
OVER $10,500,000 $911,777 PLUS 9.28% OF EXCESS
OVER $10,500,000
§ 5. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (c) of section 601 of the tax law, as added by section 3 of
part R of chapter 59 of the laws of 2017, are amended to read as
follows:
(i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
S. 6830 7
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.33% of excess over
$21,400
Over $80,650 but not over $215,400 $4,793 plus 6.57% of excess over
$80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
$215,400
Over $1,077,550 $72,703 plus 8.82% of excess over
$1,077,550
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.33% OF EXCESS OVER
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,793 PLUS 6.57% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,646 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $72,210 PLUS 8.98% OF EXCESS OVER
$5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $425,093 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $879,093 PLUS 9.28% OF EXCESS OVER
$10,000,000
(ii) For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.21% of excess over
$21,400
Over $80,650 but not over $215,400 $4,721 plus 6.49% of excess over
$80,650
Over $215,400 but not over $13,467 plus 6.85% of excess over
$1,077,550 $215,400
Over $1,077,550 $72,524 plus 8.82% of excess over
S. 6830 8
$1,077,550
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.21% OF EXCESS OVER
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,721 PLUS 6.49% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,467 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $72,031 PLUS 8.98% OF EXCESS OVER
5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $424,914 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $878,914 PLUS 9.28% OF EXCESS OVER
$10,000,000
(iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
1. FOR TAXPAYERS WHO RESIDE OUTSIDE OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is: The tax is:
Not over $8,500 4% of the New York taxable income
Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
$8,500
Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
$11,700
Over $13,900 but not over $21,400 $600 plus 5.9% of excess over
$13,900
Over $21,400 but not over $80,650 $1,042 plus 6.09% of excess over
$21,400
Over $80,650 but not over $215,400 $4,650 plus 6.41% of excess over
$80,650
Over $215,400 $13,288 plus 6.85% of excess over
$215,400
2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
NOT OVER $8,500 4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700 $340 PLUS 4.5% OF EXCESS OVER
$8,500
OVER $11,700 BUT NOT OVER $13,900 $484 PLUS 5.25% OF EXCESS OVER
$11,700
OVER $13,900 BUT NOT OVER $21,400 $600 PLUS 5.9% OF EXCESS OVER
$13,900
OVER $21,400 BUT NOT OVER $80,650 $1,042 PLUS 6.09% OF EXCESS OVER
S. 6830 9
$21,400
OVER $80,650 BUT NOT OVER $215,400 $4,650 PLUS 6.41% OF EXCESS OVER
$80,650
OVER $215,400 BUT NOT OVER $13,288 PLUS 6.85% OF EXCESS OVER
$1,070,350 $215,400
OVER $1,070,350 BUT NOT OVER $71,852 PLUS 8.98% OF EXCESS OVER
$5,000,000 $1,070,350
OVER $5,000,000 BUT NOT OVER $424,735 PLUS 9.08% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $878,735 PLUS 9.28% OF EXCESS OVER
$10,000,000
§ 6. Section 601 of the tax law is amended by adding a new subsection
(d-2) to read as follows:
(D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE IN METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-ONE FOR A TAXPAYER RESIDING IN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW WHOSE NEW YORK TAXABLE
INCOME IS OVER $2,000,000 IF THE TAXPAYER IS MARRIED FILING JOINTLY,
OVER $1,605,650 IF THE TAXPAYER IS A HEAD OF HOUSEHOLD, OR OVER
$1,070,350 IF THE TAXPAYER FILES SINGLY, 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 RECAPTURING 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 SUCH 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) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER TWO MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS.
(B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARA-
GRAPH ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT
S. 6830 10
IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER SIX MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO
TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF PARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE SUM OF
THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 ELEVEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT
APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.28 PERCENT TAX RATE.
(D) 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 SUCH RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL
BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN
SUBPARAGRAPHS (A), (B) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER ONE MILLION SIX HUNDRED FIVE THOUSAND SIX HUNDRED
FIFTY 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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
S. 6830 11
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER FIVE MILLION FIVE 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 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 TEN MILLION FIVE HUNDRED THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(D) 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 SUCH RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVID-
UALS FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS, THE
SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE
BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B) AND (C) 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 8.98 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) 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 MILLION SEVENTY THOUSAND THREE HUNDRED
FIFTY 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.08 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 FIVE MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
S. 6830 12
DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAY-
ERS WHO ARE NOT SUBJECT TO THE 9.08 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 ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.28 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 ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH 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 TEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS.
(D) 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.
§ 7. The tax law is amended by adding a new section 1104-a to read as
follows:
§ 1104-A. METROPOLITAN TRANSPORTATION AUTHORITY HOTEL UNIT FEE. (A)
IMPOSITION. IN ADDITION TO ANY OTHER FEE OR TAX IMPOSED BY THIS ARTICLE
OR ANY OTHER LAW, THERE IS HEREBY IMPOSED WITHIN THE TERRITORIAL LIMITS
OF A CITY WITH A POPULATION OF A MILLION OR MORE AND THERE SHALL BE PAID
A UNIT FEE ON EVERY OCCUPANCY OF A UNIT IN A HOTEL IN SUCH CITY AT THE
RATE OF FIVE DOLLARS PER UNIT PER DAY, EXCEPT THAT SUCH UNIT FEE SHALL
NOT BE IMPOSED UPON (1) OCCUPANCY BY A PERMANENT RESIDENT OR (2) WHERE
THE RENT PER UNIT IS NOT MORE THAN AT THE RATE OF TWO DOLLARS PER DAY.
(B) ADMINISTRATION AND ENFORCEMENT. THE UNIT FEE IMPOSED BY THIS
SECTION SHALL BE ADMINISTERED AND COLLECTED IN A LIKE MANNER AS THE TAX
IMPOSED BY SUBDIVISION (E) OF SECTION ELEVEN HUNDRED FIVE OF THIS ARTI-
CLE. ALL THE PROVISIONS OF THIS ARTICLE (EXCEPT SECTIONS ELEVEN HUNDRED
SEVEN, ELEVEN HUNDRED EIGHT AND ELEVEN HUNDRED NINE), INCLUDING THE
DEFINITION AND EXEMPTION PROVISIONS, RELATING TO OR APPLICABLE TO THE
ADMINISTRATION, COLLECTION AND DISPOSITION OF THE TAX IMPOSED BY SUBDI-
VISION (E) OF SUCH SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE SHALL
APPLY TO THE UNIT FEE IMPOSED BY THIS SECTION SO FAR AS SUCH PROVISIONS
CAN BE MADE APPLICABLE TO SUCH UNIT FEE WITH SUCH LIMITATIONS AS ARE SET
FORTH IN THIS ARTICLE, AND SUCH MODIFICATIONS AS ARE SET FORTH IN THIS
SECTION AND AS MAY BE NECESSARY IN ORDER TO ADOPT SUCH LANGUAGE TO THE
UNIT FEE SO IMPOSED. SUCH PROVISIONS SHALL APPLY WITH THE SAME FORCE AND
EFFECT AS IF THE LANGUAGE OF THOSE PROVISIONS HAD BEEN INCORPORATED IN
FULL IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE UNIT FEE IMPOSED
BY THIS SECTION, EXCEPT TO THE EXTENT THAT ANY PROVISION IS EITHER
INCONSISTENT WITH A PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THE
UNIT FEE IMPOSED BY THIS SECTION. FOR PURPOSES OF THIS SECTION, UNLESS A
DIFFERENT MEANING IS CLEARLY REQUIRED: (1) ANY REFERENCE IN THIS ARTICLE
TO THE TAX OR TAXES IMPOSED BY THIS ARTICLE SHALL BE DEEMED TO REFER
ALSO TO THE UNIT FEE IMPOSED BY THIS SECTION; AND (2) ANY REFERENCE TO
TAX, TAXES OR SALES TAX IN SECTION EIGHTEEN HUNDRED SEVENTEEN OF THIS
CHAPTER SHALL BE DEEMED TO REFER ALSO TO THE UNIT FEE IMPOSED BY THIS
SECTION.
S. 6830 13
(C) TRANSITIONAL PROVISION. THE UNIT FEE IMPOSED BY THIS SECTION SHALL
BE PAID ON ANY OCCUPANCY ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,
ALTHOUGH SUCH OCCUPANCY IS PURSUANT TO A PRIOR CONTRACT, LEASE OR OTHER
ARRANGEMENT. WHERE THE CHARGE FOR OCCUPANCY IS PAID ON A WEEKLY, MONTHLY
OR OTHER TERM BASIS, THE OCCUPANCY SHALL BE SUBJECT TO THE UNIT FEE
IMPOSED BY THIS SECTION TO THE EXTENT THAT IT COVERS ANY DAY ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION. WHERE A PERSON OCCUPIES A UNIT FOR
LESS THAN A FULL DAY AND PAYS LESS THAN THE RENT FOR A FULL DAY, THE
UNIT FEE DUE PURSUANT TO THIS SECTION SHALL NEVERTHELESS BE THE SAME
AMOUNT AS WOULD BE DUE HAD SUCH PERSON OCCUPIED THE UNIT FOR A FULL DAY
AT THE RENT FOR A FULL DAY.
(D) DEPOSIT AND DISPOSITION OF REVENUE. (1) NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE FEES, INTEREST AND PENALTIES
IMPOSED BY THIS SECTION AND RECEIVED BY THE COMMISSIONER, AFTER DEDUCT-
ING THE AMOUNT WHICH THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY
FOR REASONABLE COSTS TO ADMINISTER, COLLECT AND DISTRIBUTE SUCH FEES,
PENALTIES AND INTEREST, SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE
BANKS, BANKING HOUSES OR TRUST COMPANIES, AS MAY BE DESIGNATED BY THE
COMPTROLLER, TO THE CREDIT OF THE COMPTROLLER, TO BE HELD IN TRUST FOR
THE METROPOLITAN TRANSPORTATION AUTHORITY ESTABLISHED BY TITLE ELEVEN OF
ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. SUCH AN ACCOUNT MAY BE
ESTABLISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS SHALL BE
KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE
COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL
SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR RECEIVED UNDER
THIS SECTION, THE COMPTROLLER SHALL RETAIN IN THE COMPTROLLER'S HANDS
SUCH AMOUNT AS THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR
REFUNDS UNDER THIS SECTION.
(2) ON OR BEFORE THE TWELFTH DAY OF EACH MONTH: (A) AFTER RESERVING
SUCH AMOUNT FOR SUCH REFUNDS AND SUCH COSTS, THE COMMISSIONER SHALL
CERTIFY TO THE COMPTROLLER THE AMOUNT OF ALL REVENUES SO RECEIVED DURING
THE PRIOR MONTH AS A RESULT OF THE FEES, INTEREST AND PENALTIES SO
IMPOSED; AND (B) THE AMOUNT OF REVENUES SO CERTIFIED SHALL BE PAID BY
THE COMPTROLLER TO THE CHIEF FISCAL OFFICER OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY FOR DISPOSITION BY SUCH AUTHORITY IN ACCORDANCE WITH
TITLE ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
§ 8. Subdivision (g) of section 1116 of the tax law, as amended by
chapter 3 of the laws of 2004, is amended to read as follows:
(g) For purposes of paragraph five of subdivision (a) of this section,
duly authorized representatives of any such post or organization, while
acting on behalf of such post or organization, shall not be subject to
the tax imposed under subdivision (e) of section eleven hundred five
[or], the unit fee imposed by section eleven hundred four of this arti-
cle OR THE UNIT FEE IMPOSED BY SECTION ELEVEN HUNDRED FOUR-A OF THIS
ARTICLE, provided that such representatives provide an exempt organiza-
tion certificate from such post or organization certifying that such
representative is acting on its behalf.
§ 9. Section 1148 of the tax law, as amended by section 57 of part HH
of chapter 57 of the laws of 2013, is amended to read as follows:
§ 1148. Deposit and disposition of revenue. All taxes, interest and
penalties collected or received by the commissioner under this article
shall be deposited and disposed of pursuant to the provisions of section
one hundred seventy-one-a of this chapter; provided however, the comp-
troller shall on or before the twelfth day of each month, pay all such
taxes, interest and penalties collected under this article and remaining
to the comptroller's credit in such banks, banking houses or trust
S. 6830 14
companies at the close of business on the last day of the preceding
month, into the general fund of the state treasury, except as otherwise
provided in sections ninety-two-d, ninety-two-h, and ninety-two-r of the
state finance law and sections eleven hundred two, eleven hundred four,
ELEVEN HUNDRED FOUR-A and eleven hundred nine of this article.
§ 10. Subdivision (h) of section 1817 of the tax law, as amended by
section 30 of subpart I of part V-1 of chapter 57 of the laws of 2009,
is amended to read as follows:
(h) The penalties provided for in this section shall not preclude
prosecution pursuant to the penal law with respect to the willful fail-
ure of any person to pay over to the state any sales tax imposed by
section eleven hundred four, ELEVEN HUNDRED FOUR-A, eleven hundred five,
eleven hundred seven, eleven hundred eight or eleven hundred nine of
this chapter or by any local law adopted by any city or county pursuant
to article twenty-nine of this chapter, whenever such person has been
required to collect and has collected any such sales tax. In any such
prosecution under the penal law, a person who has been required to
collect and has collected any such tax shall be deemed to have acted in
a fiduciary character with respect to the state or a political subdivi-
sion thereof, and the tax collected shall be deemed to have been
entrusted to such person by the state or a political subdivision there-
of.
§ 11. Notwithstanding any provision of law to the contrary, and in
accordance with section 4 of the state finance law, the comptroller is
hereby authorized and directed to transfer on April 1, 2018, April 1,
2019 and April 1, 2020, $2,072,000,000 from the general fund to the MTA
financial assistance fund, mobility tax trust account.
§ 12. This act shall take effect immediately; provided that:
(a) sections seven, eight, nine and ten of this act shall take effect
January 1, 2018; and
(b) sections one, two, seven, eight, nine, ten and eleven of this act
shall expire and be deemed repealed January 1, 2021.