S T A T E O F N E W Y O R K
________________________________________________________________________
3150
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. EPSTEIN, GOTTFRIED, CARROLL, DARLING -- Multi-
Sponsored by -- M. of A. RODRIGUEZ -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to personal income tax rates
and in relation to directing revenue generated from certain taxes to
be deposited to the credit of the New York city housing authority and
the division of housing and community renewal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (B) of paragraph 1 of subsection (a) of
section 601 of the tax law is amended by adding a new clause (ix) to
read as follows:
(IX) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE, THE
FOLLOWING RATES SHALL APPLY:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
OVER $1,000,000 BUT NOT OVER $66,578 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,378 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $885,378 PLUS 9.82% OF EXCESS OVER
$100,000,000 $10,000,000
OVER $100,000,000 $9,723,378 PLUS 10.32% OF EXCESS
OVER $100,000,000
§ 2. Subparagraph (B) of paragraph 1 of subsection (b) of section 601
of the tax law is amended by adding a new clause (ix) to read as
follows:
(IX) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE, THE
FOLLOWING RATES SHALL APPLY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03884-01-1
A. 3150 2
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
OVER $1,000,000 BUT NOT OVER $67,017 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $419,817 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 BUT NOT OVER $885,817 PLUS 9.82% OF EXCESS OVER
$100,000,000 $10,000,000
OVER $100,000,000 $9,723,817 PLUS 10.32% OF EXCESS
OVER $100,000,000
§ 3. Subparagraph (B) of paragraph 1 of subsection (c) of section 601
of the tax law is amended by adding a new clause (ix) to read as
follows:
(IX) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE, THE
FOLLOWING RATES SHALL APPLY:
IF THE NEW YORK TAXABLE INCOME IS: THE TAX IS:
OVER $1,000,000 BUT NOT OVER $67,391 PLUS 8.82% OF EXCESS OVER
$5,000,000 $1,000,000
OVER $5,000,000 BUT NOT OVER $420,191 PLUS 9.32% OF EXCESS OVER
$10,000,000 $5,000,000
OVER $10,000,000 $886,191 PLUS 9.82% OF EXCESS OVER
$10,000,000
OVER $100,000,000 $9,724,191 PLUS 10.32% OF EXCESS
OVER $100,000,000
§ 4. 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. FOR TAXABLE YEARS
BEGINNING AFTER TWO THOUSAND TWENTY-ONE FOR A TAXPAYER WHOSE NEW YORK
TAXABLE INCOME IS OVER $1,000,000, THERE IS HEREBY IMPOSED A SUPPLE-
MENTAL 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 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), (C)
AND (D) 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION NOT SUBJECT TO
THE 8.82 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
CLAUSE (II) OF SUBPARAGRAPH (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 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 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION NOT SUBJECT TO
THE 9.32 PERCENT RATE OF TAX FOR THE TAXABLE YEAR MULTIPLIED BY SUCH
A. 3150 3
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
CLAUSE (II) OF SUBPARAGRAPH (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 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 DOLLARS. PROVIDED, HOWEVER, THIS SUBPARA-
GRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.32
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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION NOT SUBJECT TO
THE 9.82 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
CLAUSE (II) 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 TEN MILLION DOLLARS AND THE
DENOMINATOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARA-
GRAPH SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.82
PERCENT TAX RATE.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION NOT SUBJECT TO
THE 10.32 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
CLAUSE (II) OF SUBPARAGRAPH (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), (B) AND (C) 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 ONE HUNDRED
MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(E) 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 RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL BE AN
AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN SUBPARA-
GRAPHS (A), (B), (C) AND (D) 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION NOT SUBJECT TO
THE 8.82 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
A. 3150 4
CLAUSE (II) OF SUBPARAGRAPH (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 FRAC-
TION 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 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION NOT SUBJECT TO
THE 9.32 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
CLAUSE (II) OF SUBPARAGRAPH (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 LESS-
ER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER FIVE MILLION DOLLARS AND THE DENOMINA-
TOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH
SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.32 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION NOT SUBJECT TO
THE 9.82 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
CLAUSE (II) OF SUBPARAGRAPH (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 DOLLARS AND THE
DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(D) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION NOT SUBJECT TO
THE 10.32 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
CLAUSE (II) OF SUBPARAGRAPH (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), (B) AND (C) 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 ONE HUNDRED MILLION
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(E) 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.
A. 3150 5
(3) FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS AND RESIDENT ESTATES AND TRUSTS, THE SUPPLE-
MENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE BENEFITS
DESCRIBED IN SUBPARAGRAPHS (A), (B), (C) AND (D) 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION NOT SUBJECT TO
THE 8.82 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
CLAUSE (II) OF SUBPARAGRAPH (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 FRAC-
TION 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 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION NOT SUBJECT TO
THE 9.32 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
CLAUSE (II) OF SUBPARAGRAPH (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 LESS-
ER OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER FIVE MILLION DOLLARS AND THE DENOMINA-
TOR IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH
SHALL NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.32 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 CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION NOT SUBJECT TO
THE 9.82 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
CLAUSE (II) OF SUBPARAGRAPH (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) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION NOT SUBJECT TO
THE 10.32 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
CLAUSE (II) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION LESS THE SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A)
A. 3150 6
AND (B) OF PARAGRAPH THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH
TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) 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 ONE HUNDRED MILLION
DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(E) 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.
§ 5. Subsection (f) of section 614 of the tax law, as amended by
section 11 of part FF of chapter 59 of the laws of 2013, is amended to
read as follows:
(f) Adjusted standard deduction. For taxable years beginning after two
thousand [seventeen] TWENTY-ONE, the standard deductions set forth in
this section shall be the amounts set forth in this section adjusted by
the cost of living adjustment prescribed in section six hundred one-a of
this part for tax years two thousand thirteen [through two thousand
seventeen] AND THEREAFTER.
§ 6. 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, THE TAXES IMPOSED PURSUANT TO CLAUSE
(IX) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A), CLAUSE (IX)
OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B), AND CLAUSE (IX)
OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION SIX
HUNDRED ONE OF THIS CHAPTER, REDUCED BY AN AMOUNT FOR ADMINISTRATIVE
COSTS, SHALL BE DEPOSITED, AS SUCH TAXES ARE RECEIVED, AS FOLLOWS: (A)
EIGHTY PERCENT OF THE REVENUE SHALL BE DEPOSITED TO THE CREDIT OF THE
NEW YORK CITY HOUSING AUTHORITY; AND (B) TWENTY PERCENT OF THE REVENUE
SHALL BE DEPOSITED TO THE CREDIT OF THE DIVISION OF HOUSING AND COMMUNI-
TY RENEWAL FOR THE PURPOSES OF CONSTRUCTION, IMPROVEMENT, AND PRESERVA-
TION OF PUBLIC HOUSING AUTHORITIES OUTSIDE THE CITY OF NEW YORK. THE
AMOUNT FOR ADMINISTRATIVE COSTS SHALL BE DETERMINED BY THE COMMISSIONER
TO REPRESENT REASONABLE COSTS OF THE DEPARTMENT OF TAXATION AND FINANCE
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 CLAUSES OF SUCH SECTION OF THIS CHAPTER OUT OF WHICH AMOUNT
THE COMPTROLLER SHALL PAY ANY REFUNDS OR REIMBURSEMENTS TO WHICH TAXPAY-
ERS SHALL BE ENTITLED UNDER PROVISIONS OF SUCH SECTIONS. THE COMMIS-
SIONER 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.
§ 7. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2022.