NY State Senate Bill 2023-S7188

Current Bill Status - In Senate Committee Budget And Revenue Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to budget and revenue
May 18, 2023	referred to budget and revenue

2023-S7188 (ACTIVE) - Details

Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §§614 & 616, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7622
2013-2014: S3201
2015-2016: S2785
2017-2018: S2703
2019-2020: S5004
2021-2022: S5470

2023-S7188 (ACTIVE) - Summary

Establishes the New York state foreign dependent children tax inclusion act authorizing a tax deduction for support provided to children outside of the United States; defines "dependent children"; provides an exemption of $1,000 for each foreign dependent child.

2023-S7188 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7188

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the tax law, in relation to establishing the New York
state foreign dependent children tax inclusion act

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to allow a resident taxpayer to receive a
state income tax standard deduction and tax exemption for the financial
support provided to a dependent child or children residing outside of
the United States.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Short title. This act shall be known and may be cited as the
"New York state foreign dependent children tax inclusion act".

Section 2: Subsection (c) of section 614 of the tax law, as amended by
chapter 170 of the laws of 1884, is amended.

Section 3: Section 616 of the tax law is amended by adding a new
subsection (C)

Section 4: This act shall take effect immediately. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

 
JUSTIFICATION:

Currently, under the New York State Tax Law, resident taxpayers are
eligible for a standard deduction and tax exemption only when their
dependent children are legal residents or citizens of the United States
and currently live with them for more than half of the year.

Many resident taxpayers provide financial support to their children who
reside outside of the United States, which is a high expense for many
New Yorkers especially in these economic times. These residents are
taxed based on their total annual income without taking into consider-
ation the significant support they provide to their families in other
countries. This legislation does not provide a tax credit but a small
standard deduction and tax exemption that will help them save some money
and receive the same benefit ether taxpayers receive just because their
children reside in the United States and live with them. This bill will
not allow these taxpayers to receive an Earned Income Tax Credit (EITC)
for these dependent children.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5470 - Referred to Budget and Revenue

2019-20: S5004 -Referred to Budget and Revenue

2017-18: S2703 -REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS


2015-16: S2785A -Amend and Recommit to Investigations and Government
Operations

2013-14: S3201 - Referred to Investigations and Government Operations

2011-12: S7622/10079A - Investigations & Gov't Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2023-S7188 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7188
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  the  New  York
   state foreign dependent children tax inclusion act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 the "New York state foreign dependent children tax inclusion act".
   § 2. Subsection (c) of section 614 of the tax law, as amended by chap-
 ter 170 of the laws of 1994, is amended to read as follows:
   (c)  Head of household. (1) For taxable years beginning after nineteen
 hundred ninety-six, the New York standard deduction of an individual who
 is a head of household shall be ten thousand five hundred  dollars;  for
 taxable  years  beginning  in nineteen hundred ninety-six, such standard
 deduction shall be ten thousand dollars; for taxable years beginning  in
 nineteen  hundred  ninety-five,  such  standard deduction shall be eight
 thousand one hundred fifty dollars;  and  for  taxable  years  beginning
 after  nineteen  hundred eighty-nine and before nineteen hundred ninety-
 five, such standard deduction shall be seven thousand dollars.
   (2) (A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-FOUR, AN
 INDIVIDUAL PROVIDING SUPPORT TO A DEPENDENT CHILD OR  CHILDREN  RESIDING
 OUTSIDE  OF  THE  UNITED  STATES  SHALL  BE DEEMED HEAD OF HOUSEHOLD FOR
 PURPOSES OF THIS SUBSECTION WHERE THE INDIVIDUAL PROVIDES PROOF OF:
   (I) THE LEGAL RELATIONSHIP BETWEEN  THE  INDIVIDUAL  AND  HIS  OR  HER
 DEPENDENT CHILD OR CHILDREN; AND
   (II)  THE  AMOUNT  OF  MONEY  WHICH  THE  DEPENDENT  CHILD OR CHILDREN
 RECEIVED FROM THE INDIVIDUAL.
   (B) SUPPORT PROVIDED TO CHILDREN OUTSIDE OF THE  UNITED  STATES  MEANS
 MONEY  OR  OTHER  FINANCIAL SUPPORT WHICH IS SENT OR TRANSFERRED OUTSIDE
 THE UNITED STATES TO A DEPENDENT CHILD OF THE INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08000-01-3
 S. 7188                             2

 
   (C) FOR THE PURPOSES OF THIS SUBSECTION, THE  TERM  "DEPENDENT  CHILD"
 SHALL MEAN ANY CHILD OF THE INDIVIDUAL WHO IS AGE EIGHTEEN OR YOUNGER.
   (D)  ANY  TAXPAYER  WHO  SUBMITS A FALSE OR FRAUDULENT DOCUMENT TO THE
 DEPARTMENT REGARDING THE PROOF  REQUIRED  PURSUANT  TO  THIS  SUBSECTION
 SHALL  BE  SUBJECT TO THE PENALTY IMPOSED PURSUANT TO SUBSECTION (CC) OF
 SECTION SIX HUNDRED EIGHTY-FIVE OF THIS ARTICLE.
   § 3. Section 616 of the tax law is amended by adding a new  subsection
 (c) to read as follows:
   (C)  FOREIGN DEPENDENT CHILDREN. FOR TAXABLE YEARS BEGINNING AFTER TWO
 THOUSAND TWENTY-FOUR, A RESIDENT INDIVIDUAL SHALL BE ALLOWED A NEW  YORK
 EXEMPTION  OF  ONE  THOUSAND  DOLLARS  FOR EACH DEPENDENT CHILD RESIDING
 OUTSIDE OF THE UNITED STATES. SUCH INDIVIDUAL SHALL PROVIDE PROOF OF THE
 LEGAL RELATIONSHIP BETWEEN THE INDIVIDUAL AND HIS OR HER DEPENDENT CHILD
 OR CHILDREN AND THE AMOUNT OF  MONEY  THE  INDIVIDUAL  PROVIDES  TO  THE
 DEPENDENT  CHILD OR CHILDREN.  ANY TAXPAYER WHO SUBMITS A FALSE OR FRAU-
 DULENT DOCUMENT TO THE DEPARTMENT REGARDING THE PROOF REQUIRED  PURSUANT
 TO  THIS  SUBSECTION SHALL BE SUBJECT TO THE PENALTY IMPOSED PURSUANT TO
 SUBSECTION (CC) OF SECTION SIX HUNDRED EIGHTY-FIVE OF THIS ARTICLE.  FOR
 PURPOSES OF THIS SUBSECTION, THE TERM "DEPENDENT CHILD" SHALL  MEAN  ANY
 CHILD  OF  THE  RESIDENT  INDIVIDUAL  WHO IS AGE EIGHTEEN OR YOUNGER WHO
 RESIDES OUTSIDE OF THE UNITED STATES.
   § 4. This act shall take effect immediately.   Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7188

Sponsored By

Current Bill Status - In Senate Committee Budget And Revenue Committee

2023-S7188 (ACTIVE) - Details

2023-S7188 (ACTIVE) - Summary

2023-S7188 (ACTIVE) - Sponsor Memo

2023-S7188 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7188

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Budget And Revenue Committee

2023-S7188 (ACTIVE) - Details

2023-S7188 (ACTIVE) - Summary

2023-S7188 (ACTIVE) - Sponsor Memo

2023-S7188 (ACTIVE) - Bill Text download pdf

Comments