S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2184
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to establishing a home  heating
   tax credit; and providing for the repeal of such provisions upon expi-
   ration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
 subsection (11-1) to read as follows:
   (11-1)  HOME  HEATING  TAX CREDIT. (1) FOR PURPOSES OF THIS SUBSECTION
 THE TERM "QUALIFIED TAXPAYER" SHALL MEAN A RESIDENT  INDIVIDUAL  OF  THE
 STATE,  WHO  MAINTAINED  HIS  OR  HER PRIMARY RESIDENCE IN THIS STATE ON
 DECEMBER THIRTY-FIRST OF THE TAXABLE YEAR, AND WHO WAS AN OWNER OF  SUCH
 PROPERTY  ON  SUCH  DATE  OR  RENTERS WHO ARE RESPONSIBLE FOR PAYING FOR
 THEIR OWN HEAT, AND WHO ARE NOT ELIGIBLE FOR THE HOME ENERGY  ASSISTANCE
 PROGRAM.  AN  INDIVIDUAL  SHALL  BE CONSIDERED A QUALIFIED TAXPAYER WITH
 RESPECT TO NO MORE THAN ONE PRIMARY RESIDENCE DURING ANY  GIVEN  TAXABLE
 YEAR.
   (2)  THE  TAX  CREDIT  UNDER  THIS  SUBSECTION  SHALL BE DETERMINED AS
 FOLLOWS:
   (A) FOR SINGLE INDIVIDUALS THAT ARE QUALIFIED TAXPAYERS, A  CREDIT  OF
 THREE  HUNDRED  DOLLARS FOR THOSE WITH INCOME OF ONE HUNDRED TWENTY-FIVE
 THOUSAND DOLLARS OR LESS.
   (B) FOR MARRIED INDIVIDUALS THAT  ARE  QUALIFIED  TAXPAYERS  AND  FILE
 JOINTLY,  A  CREDIT  OF SIX HUNDRED DOLLARS FOR THOSE WITH INCOME OF TWO
 HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE  TAXPAYER'S  TAX  FOR  THE TAXABLE YEAR, THE EXCESS SHALL BE
 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
 CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. FOR EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05440-01-3
              

 S. 2184                             2
 
 YEAR  SUCH  CREDIT  IS  ALLOWED,  ON OR BEFORE OCTOBER FIFTEENTH OF SUCH
 YEAR, OR AS SOON THEREAFTER AS IS PRACTICABLE,  THE  COMMISSIONER  SHALL
 DETERMINE  THE  TAXPAYER'S  ELIGIBILITY  FOR  SUCH  CREDIT UTILIZING THE
 INFORMATION  AVAILABLE  TO  THE  COMMISSIONER ON THE TAXPAYER'S PERSONAL
 INCOME TAX RETURN FILED FOR THE TAXABLE YEAR  TWO  YEARS  PRIOR  TO  THE
 TAXABLE  YEAR  IN WHICH SUCH CREDIT IS ALLOWED. FOR THOSE TAXPAYERS WHOM
 THE COMMISSIONER HAS DETERMINED TO BE  ELIGIBLE  FOR  SUCH  CREDIT,  THE
 COMMISSIONER  SHALL  ADVANCE  A PAYMENT IN THE AMOUNT SPECIFIED IN PARA-
 GRAPH TWO OF THIS SUBSECTION, WHICH PAYMENT  SHALL  BE  ISSUED,  TO  THE
 GREATEST  EXTENT  PRACTICABLE, BY OCTOBER THIRTY-FIRST OF EACH YEAR SUCH
 CREDIT IS ALLOWED.   A TAXPAYER WHO HAS FAILED  TO  RECEIVE  AN  ADVANCE
 PAYMENT  THAT  HE  OR  SHE  BELIEVES  WAS  DUE TO HIM OR HER, OR WHO HAS
 RECEIVED AN ADVANCE PAYMENT THAT HE OR SHE BELIEVES  IS  LESS  THAN  THE
 AMOUNT  THAT  WAS DUE TO HIM OR HER, MAY REQUEST PAYMENT OF SUCH CLAIMED
 DEFICIENCY IN A MANNER PRESCRIBED BY THE COMMISSIONER.
   § 2. This act shall take effect immediately and  shall  apply  to  the
 taxable  year  2022 and shall expire and be deemed repealed December 31,
 2023.