LBD14887-02-0
S. 7378 2
OVER $10,000,000 BUT NOT OVER $966,564 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$2,155,350 $144,905 plus 8.82% of excess over
$2,155,350]
$100,000,000 $11,154,564 PLUS 11.82% OF EXCESS
OVER $100,000,000
(v) For taxable years beginning in two thousand twenty-two the follow-
ing rates shall apply:
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 $161,550 $1,202 plus 5.85% of excess over
$27,900
Over $161,550 but not over $323,200 $9,021 plus 6.25% of excess over
$161,550
Over $323,200 but not over $19,124 plus
[$2,155,350] $1,000,000 6.85% of excess over $323,200
OVER $1,000,000 BUT NOT OVER $65,485 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $450,285 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,285 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$2,155,350 $144,626 plus 8.82% of excess over
$2,155,350]
$100,000,000 $11,154,285 PLUS 11.85% OF
EXCESS OVER $100,000,000
(vi) For taxable years beginning in two thousand twenty-three the
following rates shall apply:
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 $161,550 $1,202 plus 5.73% of excess over
$27,900
Over $161,550 but not over $323,200 $8,860 plus 6.17% of excess over
$161,550
Over $323,200 but not over $18,834 plus 6.85% of
[$2,155,350] $1,000,000 excess over $323,200
OVER $1,000,000 BUT NOT OVER $65,195 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $449,995 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $965,995 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$2,155,350 $144,336 plus 8.82% of excess over
$2,155,350]
$100,000,000 $11,153,995 PLUS 11.82% OF EXCESS
OVER $100,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
S. 7378 3
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 $161,550 $1,202 plus 5.61% of excess over
$27,900
Over $161,550 but not over $323,200 $8,700 plus 6.09% of excess over
$161,550
Over $323,200 but not over $18,544 plus 6.85% of
[$2,155,350] $1,000,000 excess over $323,200
OVER $1,000,000 BUT NOT OVER $64,905 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $449,705 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $965,705 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$2,155,350 $144,047 plus 8.82% of excess over
$2,155,350]
$100,000,000 $11,153,705 PLUS 11.82% OF EXCESS
OVER $100,000,000
(viii) For taxable years beginning after two thousand twenty-four the
following rates shall apply:
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 $161,550 $1,202 plus 5.5% of excess over
$27,900
Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over
$161,550
Over $323,200 BUT NOT OVER $18,252 plus 6.85% of
$1,000,000 excess over $323,200
OVER $1,000,000 BUT NOT OVER $64,613 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $449,413 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $965,413 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
OVER $100,000,000 $11,152,554 PLUS 11.82% OF EXCESS
OVER $100,000,000
§ 2. Clauses (iv), (v), (vi), (vii) and (viii) of subparagraph (B) of
paragraph 1 of subsection (b) of section 601 of the tax law, clauses
(iv), (v), (vi) and (vii) as amended by section 2 of part P of chapter
59 of the laws of 2019, and clause (viii) as added by section 2 of part
R of chapter 59 of the laws of 2017, are amended to read as follows:
(iv) For taxable years beginning in two thousand twenty-one the
following rates shall apply:
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
S. 7378 4
$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 5.97% of excess over
$32,200
Over $107,650 but not over $269,300 $6,072 plus 6.33% of excess over
$107,650
Over $269,300 but not over $16,304 plus 6.85% of
[$1,616,450] $1,000,000 excess over $269,300
OVER $1,000,000 BUT NOT OVER $66,357 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $451,157 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $967,157 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,616,450 $108,584 plus 8.82% of excess over
$1,616,450]
$100,000,000 $11,155,157 PLUS 11.82% OF EXCESS
OVER $100,000,000
(v) For taxable years beginning in two thousand twenty-two the follow-
ing rates shall apply:
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 $107,650 $901 plus 5.85% of excess over
$20,900
Over $107,650 but not over $269,300 $5,976 plus 6.25% of excess over
$107,650
Over $269,300 but not over $16,079 plus 6.85% of excess
[$1,616,450] $1,000,000 over $269,300
OVER $1,000,000 BUT NOT OVER $66,132 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $450,932 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,932 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,616,450 $108,359 plus 8.82% of excess over
$1,616,450]
$100,000,000 $11,154,932 PLUS 11.82% OF EXCESS
OVER $100,000,000
(vi) For taxable years beginning in two thousand twenty-three the
following rates shall apply:
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 $107,650 $901 plus 5.73% of excess over
$20,900
Over $107,650 but not over $269,300 $5,872 plus 6.17% of excess over
S. 7378 5
$107,650
Over $269,300 but not over $15,845 plus 6.85% of excess
[$1,616,450] $1,000,000 over $269,300
OVER $1,000,000 BUT NOT OVER $65,898 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $450,698 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,698 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,616,450 $108,125 plus 8.82% of excess over
$1,616,450]
$100,000,000 $11,154,698 PLUS 11.82% OF EXCESS
OVER $100,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
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 $107,650 $901 plus 5.61% of excess over
$20,900
Over $107,650 but not over $269,300 $5,768 plus 6.09% of excess over
$107,650
Over $269,300 but not over $15,612 plus 6.85% of excess
[$1,616,450] $1,000,000 over $269,300
OVER $1,000,000 BUT NOT OVER $65,665 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $450,465 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,465 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,616,450 $107,892 plus 8.82% of excess over
$1,616,450]
$100,000,000 $11,154,465 PLUS 11.82% OF EXCESS
OVER $100,000,000
(viii) For taxable years beginning after two thousand twenty-four the
following rates shall apply:
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 $107,650 $901 plus 5.5% of excess over
$20,900
Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over
$107,650
Over $269,300 BUT NOT OVER $15,371 plus 6.85% of
$1,000,000 excess over $269,300
OVER $1,000,000 BUT NOT OVER $65,424 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $ 450,224 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,224 PLUS 11.32% OF EXCESS OVER
S. 7378 6
$100,000,000 $10,000,000
OVER $100,000,000 $11,154,224 PLUS 11.82% OF EXCESS
OVER $100,000,000
§ 3. Clauses (iv), (v), (vi), (vii) and (viii) of subparagraph (B) of
paragraph 1 of subsection (c) of section 601 of the tax law, clauses
(iv), (v), (vi) and (vii) as amended by section 3 of part P of chapter
59 of the laws of 2019, and clause (viii) as added by section 3 of part
R of chapter 59 of the laws of 2017, are amended to read as follows:
(iv) For taxable years beginning in two thousand twenty-one the
following rates shall apply:
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 5.97% of excess over
$21,400
Over $80,650 but not over $215,400 $4,579 plus 6.33% of excess over
$80,650
Over $215,400 but not over $13,109 plus 6.85% of excess
[$1,077,550] $1,000,000 over $215,400
OVER $1,000,000 BUT NOT OVER $66,855 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $451,655 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $967,655 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,077,550 $72,166 plus 8.82% of excess over
$1,077,550]
$100,000,000 $11,155,655 PLUS 11.82% OF EXCESS
OVER $100,000,000
(v) For taxable years beginning in two thousand twenty-two the follow-
ing rates shall apply:
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 $80,650 $600 plus 5.85% of excess over
$13,900
Over $80,650 but not over $215,400 $4,504 plus 6.25% of excess over
$80,650
Over $215,400 but not over $12,926 plus 6.85% of excess
[$1,077,550] $1,000,000 over $215,400
OVER $1,000,000 BUT NOT OVER $66,672 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $ 451,472 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $967,472 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,077,550 $71,984 plus 8.82% of excess over
$1,077,550]
S. 7378 7
$100,000,000 $11,155,472 PLUS 11.82% OF EXCESS
OVER $100,000,000
(vi) For taxable years beginning in two thousand twenty-three the
following rates shall apply:
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 $80,650 $600 plus 5.73% of excess over
$13,900
Over $80,650 but not over $215,400 $4,424 plus 6.17% of excess over
$80,650
Over $215,400 but not over $12,738 plus 6.85% of excess
[$1,077,550] $1,000,000 over $215,400
OVER $1,000,000 BUT NOT OVER $66,484 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $ 451,284 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $967,284 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,077,550 $71,796 plus 8.82% of excess over
$1,077,550]
$100,000,000 $11,155,284 PLUS 11.82% OF EXCESS
OVER $100,000,000
(vii) For taxable years beginning in two thousand twenty-four the
following rates shall apply:
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 $80,650 $600 plus 5.61% of excess over
$13,900
Over $80,650 but not over $215,400 $4,344 plus 6.09% of excess over
$80,650
Over $215,400 but not over $12,550 plus 6.85% of excess
[$1,077,550] $1,000,000 over $215,400
OVER $1,000,000 BUT NOT OVER $66,296 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $ 451,096 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $967,096 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
Over [$1,077,550 $71,608 plus 8.82% of excess over
$1,077,550]
$100,000,000 $11,155,096 PLUS 11.82% OF EXCESS
OVER $100,000,000
(viii) For taxable years beginning after two thousand twenty-four the
following rates shall apply:
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. 7378 8
$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 $80,650 $600 plus 5.50% of excess over
$13,900
Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over
$80,650
Over $215,400 BUT NOT OVER $12,356 plus 6.85% of
$1,000,000 excess over $215,400
OVER $1,000,000 BUT NOT OVER $66,102 PLUS 9.62% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $450,902 PLUS 10.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $966,902 PLUS 11.32% OF EXCESS OVER
$100,000,000 $10,000,000
OVER $100,000,000 $11,154,902 PLUS 11.82% OF EXCESS
OVER $100,000,000
§ 4. Section 171-a of the tax law, as separately amended by chapters
481 and 484 of the laws of 1981, is amended by adding a new subdivision
3 to read as follows:
3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY INCREASE IN THE TAXES IMPOSED
PURSUANT TO SECTION SIX HUNDRED ONE OF THIS CHAPTER ATTRIBUTABLE TO THE
DIFFERENCE IN THE RATE OF SUCH TAXES FOR TAXABLE YEARS BEGINNING IN AND
AFTER TWO THOUSAND TWENTY-ONE AND THE RATE OF SUCH TAXES FOR TAXABLE
YEARS BEGINNING IN TWO THOUSAND TWENTY SHALL BE DEPOSITED IN THE STATE
LOTTERY FUND, CREATED PURSUANT TO SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, AS SUCH TAXES ARE RECEIVED. THE AMOUNT FOR ADMINISTRATIVE
COSTS SHALL BE DETERMINED BY THE COMMISSIONER TO REPRESENT REASONABLE
COSTS OF THE DEPARTMENT IN ADMINISTERING, COLLECTING, DETERMINING AND
DISTRIBUTING SUCH TAXES. OF THE TOTAL REVENUE COLLECTED OR RECEIVED
UNDER SUCH SECTIONS OF THIS CHAPTER, THE COMPTROLLER SHALL RETAIN IN HIS
HANDS SUCH AMOUNT AS THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR
REFUNDS OR REIMBURSEMENTS UNDER SUCH SECTIONS OF THIS CHAPTER OUT OF
WHICH AMOUNT THE COMPTROLLER SHALL PAY ANY REFUNDS OR REIMBURSEMENTS TO
WHICH TAXPAYERS SHALL BE ENTITLED UNDER PROVISIONS OF SUCH SECTIONS. THE
COMMISSIONER AND THE COMPTROLLER SHALL MAINTAIN A SYSTEM OF ACCOUNTS
SHOWING THE AMOUNT OF REVENUE COLLECTED OR RECEIVED FROM EACH OF THE
TAXES IMPOSED BY SUCH SECTIONS.
§ 5. Section 92-c of the state finance law is amended by adding a new
subdivision 3-a to read as follows:
3-A. MONEYS IN SUCH FUND DEPOSITED PURSUANT TO THE PROVISIONS OF
SUBDIVISION THREE OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW
SHALL BE APPROPRIATED OR TRANSFERRED ONLY FOR FOUNDATION AID PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW.
§ 6. This act shall take effect immediately, provided, however, that
section four of this act shall take effect January 1, 2021 and shall
apply to taxable years beginning on and after such date.