S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    270
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HELMING, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging
 
 AN  ACT  to  amend  the  real  property tax law, in relation to the term
   "income" for purposes of the school tax relief exemption

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (b) of subdivision 4 of
 section 425 of the real property tax law, as amended  by  section  1  of
 part B of chapter 59 of the laws of 2018, is amended to read as follows:
   (ii)  The  term "income" as used herein shall mean the "adjusted gross
 income" for federal income tax purposes as reported on  the  applicant's
 federal  or  state income tax return for the applicable income tax year,
 subject to any subsequent amendments or revisions, reduced  by  distrib-
 utions,  to  the  extent  included  in  federal  adjusted  gross income,
 received from an individual  retirement  account  [and],  an  individual
 retirement  annuity,  A  DISTRIBUTION  FROM AN ACCOUNT ESTABLISHED UNDER
 SECTION 401(K) OR 403(B) OF THE UNITED STATES INTERNAL REVENUE  CODE  OF
 1986 AS AMENDED, OR A SIMPLIFIED EMPLOYEE PENSION PLAN (SEP) ESTABLISHED
 PURSUANT  TO THE UNITED STATES INTERNAL REVENUE CODE OF 1986 AS AMENDED;
 provided that if no such return was filed for the applicable income  tax
 year, "income" shall mean the adjusted gross income that would have been
 so  reported  if  such  a return had been filed.  Provided further, that
 effective with exemption applications for final assessment rolls  to  be
 completed in two thousand nineteen, where an income-eligibility determi-
 nation is wholly or partly based upon the income of one or more individ-
 uals  who did not file a return for the applicable income tax year, then
 in order for the application to be considered complete, each such  indi-
 vidual  must  file a statement with the department showing the source or
 sources of his or her income for that income tax year, and the amount or
 amounts thereof, that would have been reported on such a return  if  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04842-01-9

 S. 270                              2
 
 had  been filed. Such statement shall be filed at such time, and in such
 form and manner, as may be prescribed by the department,  and  shall  be
 subject to the secrecy provisions of the tax law to the same extent that
 a  personal  income tax return would be.  The department shall make such
 forms and instructions available for the filing of such statements.  The
 local assessor shall upon the request of a taxpayer assist such taxpayer
 in the filing of the statement with the department.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.