S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1257
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. STIRPE, SEAWRIGHT, THIELE, MAGNARELLI, KELLES,
   GUNTHER,  HUNTER,  ZEBROWSKI,  SIMON,   STECK,   BRAUNSTEIN,   DAVILA,
   JEAN-PIERRE,  ANGELINO, MIKULIN, GALLAHAN -- read once and referred to
   the Committee on Real Property Taxation
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00352-01-3
              

 A. 1257                             2
 
 amounts  thereof,  that would have been reported on such a return if one
 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.