Bill Text: NY A04449 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases to $36,000 the household gross income limitations for tax credits for real property tax circuit breaker credit; makes such tax credits available to disabled persons as well as to those persons 65 years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04449 Detail]

Download: New_York-2019-A04449-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3157                                                  A. 4449
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 4, 2019
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed,  and  when  printed to be committed to the Committee on Budget and
          Revenue
        IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
          to the Committee on Ways and Means
        AN  ACT  to  amend  the  tax  law,  in relation to the real property tax
          circuit breaker credit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (e) of section 606 of the tax law, as amended by
     2  chapter  28  of  the  laws  of  1987, subparagraph (B) of paragraph 1 as
     3  amended by section 6 of part I of  chapter  59  of  the  laws  of  2015,
     4  subparagraph (c) of paragraph 1 as amended by chapter 713 of the laws of
     5  1996,  subparagraph  (E) of paragraph 1 as amended by chapter 105 of the
     6  laws of 2006, and paragraph 14 as amended by chapter 23 of the  laws  of
     7  1990, is amended to read as follows:
     8    (e)    Real property tax circuit breaker credit.  (1)  For purposes of
     9  this subsection:
    10    (A) "Qualified taxpayer" means a resident individual of the state  who
    11  has  occupied  the  same residence for six months or more of the taxable
    12  year, and is required or chooses to file a return under this article.
    13    (B) "Household" or  "members  of  the  household"  means  a  qualified
    14  taxpayer  and  all  other persons, not necessarily related, who have the
    15  same residence and share its furnishings, facilities and accommodations.
    16  Such terms shall not include a tenant, subtenant, roomer or boarder  who
    17  is  not  related  to  the  qualified taxpayer in any degree specified in
    18  [subparagraphs (A)] paragraphs one through [(G)] eight of [paragraph two
    19  of] subsection [(d)] (a) of section one hundred fifty-two of the  inter-
    20  nal  revenue  code. Provided, however, no person may be a member of more
    21  than one household at one time.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03164-01-9

        S. 3157                             2                            A. 4449
     1    [(c)]  (C) "Household gross income" means the aggregate adjusted gross
     2  income of all members of the household for the taxable year as  reported
     3  for  federal income tax purposes, or which would be reported as adjusted
     4  gross income if a federal income tax return were required to  be  filed,
     5  with  the  modifications in subsection (b) of section six hundred twelve
     6  but without the modifications in subsection (c) of  such  section,  plus
     7  any  portion of the gain from the sale or exchange of property otherwise
     8  excluded from such amount; earned income from sources without the United
     9  States excludable from federal gross  income  by  section  nine  hundred
    10  eleven  of  the  internal  revenue  code;  support money not included in
    11  adjusted gross income; nontaxable strike benefits; supplemental security
    12  income payments; the gross amount of any pension or annuity benefits  to
    13  the  extent  not  included in such adjusted gross income (including, but
    14  not limited to, railroad retirement benefits and all  payments  received
    15  under   the   federal  social  security  act  and  veterans'  disability
    16  pensions); nontaxable interest received from the state of New York,  its
    17  agencies,  instrumentalities, public corporations, or political subdivi-
    18  sions (including a public corporation created pursuant to  agreement  or
    19  compact  with another state or Canada); workers' compensation; the gross
    20  amount of "loss-of-time"  insurance;  and  the  amount  of  cash  public
    21  assistance and relief, other than medical assistance for the needy, paid
    22  to or for the benefit of the qualified taxpayer or members of his house-
    23  hold.    Household gross income shall not include surplus foods or other
    24  relief in kind or payments made to individuals because of  their  status
    25  as  victims  of  Nazi persecution as defined in P.L. 103-286.  Provided,
    26  further, household gross income  shall  only  include  all  such  income
    27  received  by  all  members of the household while members of such house-
    28  hold.
    29    (D)  "Residence" means a dwelling in  this  state,  whether  owned  or
    30  rented,  and so much of the land abutting it, not exceeding one acre, as
    31  is reasonably necessary for use of the  dwelling  as  a  home,  and  may
    32  consist  of a part of a multi-dwelling or multi-purpose building includ-
    33  ing a cooperative or condominium,  and  rental  units  within  a  single
    34  dwelling.  Residence includes a trailer or mobile home, used exclusively
    35  for  residential purposes and defined as real property pursuant to para-
    36  graph (g) of subdivision twelve of section one hundred two of  the  real
    37  property tax law.
    38    (E)  "Qualifying  real  property taxes" means all real property taxes,
    39  special ad valorem levies and special assessments, exclusive  of  penal-
    40  ties  and  interest, levied on the residence of a qualified taxpayer and
    41  paid during the taxable year less the credit claimed  under  the  former
    42  subsection  (n-1) of this section. In addition, for taxable years begin-
    43  ning after December thirty-first, nineteen hundred eighty-four, a quali-
    44  fied taxpayer may elect to include any additional amount that would have
    45  been levied in the absence of an exemption from real  property  taxation
    46  pursuant  to  section  four hundred sixty-seven of the real property tax
    47  law. If tenant-stockholders in a cooperative  housing  corporation  have
    48  met  the  requirements  of  section  two hundred sixteen of the internal
    49  revenue code by which they are  allowed  a  deduction  for  real  estate
    50  taxes,  the amount of taxes so allowable, or which would be allowable if
    51  the taxpayer had filed returns on a cash basis, shall be qualifying real
    52  property taxes. If a residence is owned by two or  more  individuals  as
    53  joint  tenants or tenants in common, and one or more than one individual
    54  is not a member of the household, qualifying real property taxes is that
    55  part of such  taxes  on  the  residence  which  reflects  the  ownership
    56  percentage  of the qualified taxpayer and members of his household. If a

        S. 3157                             3                            A. 4449
     1  residence is an integral part of a larger unit, qualifying real property
     2  taxes shall be limited to that amount of  such  taxes  paid  as  may  be
     3  reasonably  apportioned to such residence. If a household owns and occu-
     4  pies two or more residences during different periods in the same taxable
     5  year,  qualifying  real  property taxes shall be the sum of the prorated
     6  qualifying real property taxes attributable to the household during  the
     7  periods  such  household occupies each of such residences. If the house-
     8  hold owns and occupies a residence for part  of  the  taxable  year  and
     9  rents a residence for part of the same taxable year, it may include both
    10  the  proration  of qualifying real property taxes on the residence owned
    11  and the real property tax equivalent with  respect  to  the  months  the
    12  residence  is  rented.  Provided,  however,  for  purposes of the credit
    13  allowed under this subsection, qualifying real  property  taxes  may  be
    14  included  by  a qualified taxpayer only to the extent that such taxpayer
    15  or the spouse of such taxpayer occupying such residence for  six  months
    16  or  more  of  the  taxable year owns or has owned the residence and paid
    17  such taxes.
    18    (F) "Real property tax equivalent" means twenty-five  percent  of  the
    19  adjusted  rent  actually  paid in the taxable year by a household solely
    20  for the right of occupancy of its New York  residence  for  the  taxable
    21  year.  If (i) a residence is rented to two or more individuals as coten-
    22  ants,  or such individuals share in the payment of a single rent for the
    23  right of occupancy of such residence, and (ii) each of such  individuals
    24  is  a  member of a different household, one or more of which individuals
    25  shares such residence, real property tax equivalent is that  portion  of
    26  twenty-five  percent of the adjusted rent paid in the taxable year which
    27  reflects that portion of the rent attributable to the qualified taxpayer
    28  and the members of his household.
    29    (G) "Adjusted rent" means rental paid for the right of occupancy of  a
    30  residence, excluding charges for heat, gas, electricity, furnishings and
    31  board.    Where  charges for heat, gas, electricity, furnishing or board
    32  are included in rental but where such charges and the amount thereof are
    33  not separately set forth in a written rental agreement, for purposes  of
    34  determining  adjusted  rent  the  qualified taxpayer shall reduce rental
    35  paid as follows:
    36    (i)  For heat, or heat and gas, deduct fifteen percent of rental paid.
    37    (ii)  For heat, gas and electricity, deduct twenty percent  of  rental
    38  paid.
    39    (iii)   For heat, gas, electricity and furnishings, deduct twenty-five
    40  percent of rental paid.
    41    (iv)  For heat, gas, electricity, furnishings and board, deduct  fifty
    42  percent of rental paid.
    43  If  the  [tax commission] commissioner determines that the adjusted rent
    44  shown on the return is excessive, the [tax commission] commissioner  may
    45  reduce  such  rent, for purposes of the computation of the credit, to an
    46  amount substantially equivalent to rent for a comparable accommodation.
    47    (2) A qualified taxpayer shall be allowed  a  credit  as  provided  in
    48  paragraph three hereof against the taxes imposed by this article reduced
    49  by the credits permitted by this article.  If the credit exceeds the tax
    50  as  so  reduced  for such year under this article the qualified taxpayer
    51  may receive, and the comptroller, subject to a certificate of the [state
    52  tax commission] commissioner,  shall  pay  as  an  overpayment,  without
    53  interest,  any  excess  between such tax as so reduced and the amount of
    54  the credit. If a qualified taxpayer is not required  to  file  a  return
    55  pursuant  to  section six hundred fifty-one of this article, a qualified
    56  taxpayer may nevertheless receive and  the  comptroller,  subject  to  a

        S. 3157                             4                            A. 4449
     1  certificate  of the [state tax commission] commissioner, shall pay as an
     2  overpayment the full amount of the credit, without interest.
     3    (3)    Determination of credit.   (A) For qualified taxpayers who have
     4  attained the age of sixty-five years or a permanent and total disability
     5  as defined in section twenty-two of the internal revenue code before the
     6  beginning of or during the taxable year the amount of the credit  allow-
     7  able  under  this subsection shall be fifty percent, or in the case of a
     8  qualified taxpayer who has  elected  to  include  an  additional  amount
     9  pursuant  to subparagraph (E) of paragraph one of this subsection, twen-
    10  ty-five percent, of the excess of real property taxes or the  excess  of
    11  real property tax equivalent determined as follows:
    12                                          Excess real property taxes are
    13                                          the excess of real property tax
    14                                          equivalent or the excess of
    15       If household gross                 qualifying real property taxes
    16       income for the                     over the following percentage of
    17       taxable year is:                   household gross income:
    18       ___________________                __________________________________
    19       [$3,000] $6,000 or less             3 1/2
    20       Over [$3,000] $6,000 but not
    21          over [$5,000] $10,000            4
    22       Over [$5,000] $10,000 but not
    23          over [$7,000] $14,000            4 1/2
    24       Over [$7,000] $14,000 but not
    25          over [$9,000] $18,000            5
    26       Over [$9,000] $18,000 but not
    27          over [$11,000] $22,000           5 1/2
    28       Over [$11,000] $22,000 but not
    29          over [$14,000] $28,000           6
    30       Over [$14,000] $28,000 but not
    31          over [$18,000] $36,000           6 1/2
    32    Notwithstanding  the  foregoing  provisions, the maximum credit deter-
    33  mined under this subparagraph may not exceed the  amount  determined  in
    34  accordance with the following table:
    35       If household gross                 The maximum
    36       income for the                     credit is:
    37       taxable year is:
    38       ___________________                __________________________________
    39       [$1,000] $2,000 or less            [$375] $463
    40       Over [$1,000] $2,000 but
    41          not over [$2,000] $4,000        [$358] $442
    42       Over [$2,000] $4,000 but
    43          not over [$3,000] $6,000        [$341] $421
    44       Over [$3,000] $6,000 but
    45          not over [$4,000] $8,000        [$324] $400
    46       Over [$4,000] $8,000 but
    47          not over [$5,000] $10,000       [$307] $379
    48       Over [$5,000] $10,000 but
    49          not over [$6,000] $12,000       [$290] $358
    50       Over [$6,000] $12,000 but
    51          not over [$7,000] $14,000       [$273] $337
    52       Over [$7,000] $14,000 but
    53          not over [$8,000] $16,000       [$256] $316
    54       Over [$8,000] $16,000 but

        S. 3157                             5                            A. 4449
     1          not over [$9,000] $18,000       [$239] $295
     2       Over [$9,000] $18,000 but
     3          not over [$10,000] $20,000      [$222] $274
     4       Over [$10,000] $20,000 but
     5          not over [$11,000] $22,000      [$205] $253
     6       Over [$11,000] $22,000 but
     7          not over [$12,000] $24,000      [$188] $232
     8       Over [$12,000] $24,000 but
     9          not over [$13,000] $26,000      [$171] $211
    10       Over [$13,000] $26,000 but
    11          not over [$14,000] $28,000      [$154] $190
    12       Over [$14,000] $28,000 but
    13          not over [$15,000] $30,000      [$137] $169
    14       Over [$15,000] $30,000 but
    15          not over [$16,000] $32,000      [$120] $148
    16       Over [$16,000] $32,000 but
    17          not over [$17,000] $34,000      [$103] $127
    18       Over [$17,000] $34,000 but
    19          not over [$18,000] $36,000      [$86] $106
    20    (B)  For all other qualified taxpayers the amount of the credit allow-
    21  able under this subsection shall be fifty percent of excess real proper-
    22  ty taxes or the excess of the real property tax equivalent determined as
    23  follows:
    24                                          Excess real property taxes are
    25                                          the excess of real property tax
    26                                          equivalent or the excess of
    27       If household gross                 qualifying real property taxes
    28       income for the                     over the following percentage of
    29       taxable year is:                   household gross income:
    30       ___________________                __________________________________
    31       [$3,000] $6,000 or less            3 1/2
    32       Over [$3,000] $6,000 but not
    33          over [$5,000] $10,000           4
    34       Over [$5,000] $10,000 but not
    35          over [$7,000] $14,000           4 1/2
    36       Over [$7,000] $14,000 but not
    37          over [$9,000] $18,000           5
    38       Over [$9,000] $18,000 but not
    39          over [$11,000] $22,000          5 1/2
    40       Over [$11,000] $22,000 but not
    41          over [$14,000] $28,000          6
    42       Over [$14,000] $28,000 but not
    43          over [$18,000] $36,000          6 1/2
    44    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
    45  mined  under  this  subparagraph may not exceed the amount determined in
    46  accordance with the following table:
    47       If household gross                 The maximum
    48       income for the                     credit is:
    49       taxable year is:
    50       ___________________                __________________________________
    51       [$1,000] $2,000 or less            [$75] $163
    52       Over [$1,000] $2,000 but
    53          not over [$2,000] $4,000        [$73] $158
    54       Over [$2,000] $4,000 but
    55          not over [$3,000] $6,000        [$71] $154

        S. 3157                             6                            A. 4449
     1       Over [$3,000] $6,000 but
     2          not over [$4,000] $8,000        [$69] $149
     3       Over [$4,000] $8,000 but
     4          not over [$5,000] $10,000       [$67] $145
     5       Over [$5,000] $10,000 but
     6          not over [$6,000] $12,000       [$65] $140
     7       Over [$6,000] $12,000 but
     8          not over [$7,000] $14,000       [$63] $136
     9       Over [$7,000] $14,000 but
    10          not over [$8,000] $16,000       [$61] $132
    11       Over [$8,000] $16,000 but
    12          not over [$9,000] $18,000       [$59] $128
    13       Over [$9,000] $18,000 but
    14          not over [$10,000] $20,000      [$57] $123
    15       Over [$10,000] $20,000 but
    16          not over [$11,000] $22,000      [$55] $119
    17       Over [$11,000] $22,000 but
    18          not over [$12,000] $24,000      [$53] $115
    19       Over [$12,000] $24,000 but
    20          not over [$13,000] $26,000      [$51] $110
    21       Over [$13,000] $26,000 but
    22          not over [$14,000] $28,000      [$49] $106
    23       Over [$14,000] $28,000 but
    24          not over [$15,000] $30,000      [$47] $102
    25       Over [$15,000] $30,000 but
    26          not over [$16,000] $32,000      [$45] $97
    27       Over [$16,000] $32,000 but
    28          not over [$17,000] $34,000      [$43] $93
    29       Over [$17,000] $34,000 but
    30          not over [$18,000] $36,000      [$41] $89
    31    (4)  If a qualified taxpayer occupies a residence for a period of less
    32  than twelve months during the taxable year or occupies two or more resi-
    33  dences during different periods in such taxable year, the credit allowed
    34  pursuant to this subsection shall be computed in such manner as the [tax
    35  commission] commissioner may, by regulation, prescribe in order to prop-
    36  erly reflect the credit or portion thereof attributable  to  such  resi-
    37  dence or residences and such period or periods.
    38    (5)    The [tax commission] commissioner may prescribe that the credit
    39  under this subsection shall be determined in whole or in part by the use
    40  of tables prescribed by such [commission]  commissioner.    Such  tables
    41  shall set forth the credit to the nearest dollar.
    42    (6)  Only one credit per household and per qualified taxpayer shall be
    43  allowed  per  taxable  year  under  this  subsection.   When two or more
    44  members of a household are able to meet the qualifications for a  quali-
    45  fied taxpayer, the credit shall be equally divided between or among such
    46  individuals  unless  such  individuals  file  with  the [tax commission]
    47  commissioner a written agreement among such individuals setting forth  a
    48  different  division.   Where two or more members of a household are able
    49  to meet the qualifications of a qualified taxpayer and one  of  them  is
    50  sixty-five years of age or more or has a permanent and total disability,
    51  the credit which may be taken shall be the credit applicable to individ-
    52  uals who have attained the age of sixty-five years.
    53    (A)  Provided, however, where a joint income tax return has been filed
    54  pursuant to the provisions of section  six  hundred  fifty-one  of  this
    55  article  by  a  qualified  taxpayer and his or her spouse (or where both
    56  spouses are qualified taxpayers and have filed such joint  return),  the

        S. 3157                             7                            A. 4449
     1  credit,  or  the  portion of the credit if divided, to which the husband
     2  and wife are entitled shall be applied against the tax of  both  spouses
     3  and any overpayment shall be made to both spouses.
     4    (B)  Where  any return required to be filed pursuant to the provisions
     5  of section six hundred fifty-one of this article is  combined  with  any
     6  return  of  tax imposed pursuant to the authority of this chapter or any
     7  other law if such tax is administered by the  [tax  commission]  commis-
     8  sioner,  the  credit or the portion of the credit if divided, allowed to
     9  the qualified taxpayer may be applied by the  [tax  commission]  commis-
    10  sioner toward any liability for the aforementioned taxes.
    11    (7)  No credit shall be granted under this subsection:
    12    (A)  If household gross income for the taxable year exceeds [eighteen]
    13  thirty-six thousand dollars.
    14    (B) To a property owner unless:  (i) the property is used for residen-
    15  tial purposes, (ii) not more than twenty percent of the  rental  income,
    16  if any, from the property is from rental for nonresidential purposes and
    17  (iii) the property is occupied as a residence in whole or in part by one
    18  or more of the owners of the property.
    19    (C) To a property owner who owns real property for over two years, the
    20  full  value  of  which exceeds [eighty-five thousand dollars] the median
    21  full value of residential real property sales within the county where it
    22  is located, as determined by the state board of real property  services,
    23  or  the  median full value of residential real property in the state, as
    24  determined by the state board of real property  services,  whichever  is
    25  less.
    26    (D)  To a tenant if the adjusted rent for the residence exceeds [four]
    27  eight hundred [fifty] dollars per month on average.
    28    (E) To an individual with respect to whom a deduction under subsection
    29  (c) of section one hundred fifty-one of the  internal  revenue  code  is
    30  allowable to another taxpayer for the taxable year.
    31    (F)  With  respect  to  a  residence that is wholly exempted from real
    32  property taxation.
    33    (G) To an individual who is not a resident individual of the state for
    34  the entire taxable year.
    35    (H) Where a household or qualified  taxpayer  has  claimed  an  earned
    36  income tax credit pursuant to this section.
    37    (I)  To an individual whose household gross income is more than eighty
    38  percent of the state median family income.
    39    (8)  The right to claim a credit or the portion  of  a  credit,  where
    40  such credit has been divided under this subsection, shall be personal to
    41  the  qualified taxpayer and shall not survive his or her death, but such
    42  right may be exercised on behalf of a claimant by his or her legal guar-
    43  dian or attorney in fact during his or her lifetime.
    44    (9)  Returns. If a qualified taxpayer is not required to file a return
    45  pursuant to section six hundred fifty-one of this article, a claim for a
    46  credit may be taken on a return filed with the [tax commission]  commis-
    47  sioner within three years from the time it would have been required that
    48  a  return  be  filed pursuant to such section had the qualified taxpayer
    49  had a taxable year ending on December thirty-first. Returns  under  this
    50  paragraph  shall  be  in  such  form  as shall be prescribed by the [tax
    51  commission] commissioner, which shall  make  available  such  forms  and
    52  instructions for filing such returns.
    53    (10)  Proof of claim.  The [tax commission] commissioner may require a
    54  qualified taxpayer to furnish the following information  in  support  of
    55  his  claim  for  credit under this subsection:   household gross income,
    56  rent paid, name and address of owner or managing agent of  the  property

        S. 3157                             8                            A. 4449
     1  rented, real property taxes levied or that would have been levied in the
     2  absence  of an exemption from real property tax pursuant to section four
     3  hundred sixty-seven of the real property tax law, the names  of  members
     4  of the household and other qualifying taxpayers occupying the same resi-
     5  dence  and  their identifying numbers including social security numbers,
     6  household gross income, size and nature of property claimed as residence
     7  and all other information which may be required by the [tax  commission]
     8  commissioner to determine the credit.
     9    (11)   Administration.   The provisions of this article, including the
    10  provisions of section six hundred fifty-three, six hundred  fifty-eight,
    11  and  six hundred fifty-nine and the provisions of part six of this arti-
    12  cle relating to procedure and  administration,  including  the  judicial
    13  review  of the decisions of the [tax commission] commissioner, except so
    14  much of section six hundred eighty-seven of this article which permits a
    15  claim for credit or refund to be filed after the period provided for  in
    16  paragraph  nine  of  this  subsection  and  except  sections six hundred
    17  fifty-seven, six hundred eighty-eight and six hundred ninety-six of this
    18  article, shall apply to the provisions of this subsection  in  the  same
    19  manner  and  with  the same force and effect as if the language of those
    20  provisions had been incorporated in full into this  subsection  and  had
    21  expressly  referred  to  the  credit allowed or returns filed under this
    22  subsection, except to the extent  that  any  such  provision  is  either
    23  inconsistent  with  a provision of this subsection or is not relevant to
    24  this subsection.   As used in such sections  and  such  part,  the  term
    25  "taxpayer" shall include a qualified taxpayer under this subsection and,
    26  notwithstanding  the provisions of subsection (e) of section six hundred
    27  ninety-seven of this article, where a qualified taxpayer  has  protested
    28  the  denial  of a claim for credit under this subsection and the time to
    29  file a petition for redetermination of a deficiency or  for  refund  has
    30  not  expired,  he or she shall, subject to such conditions as may be set
    31  by the [tax commission] commissioner, receive such information (A) which
    32  is contained in any return filed under this article by a member  of  his
    33  or  her  household for the taxable year for which the credit is claimed,
    34  and (B) which the [tax commission] commissioner finds  is  relevant  and
    35  material  to  the  issue of whether such claim was properly denied.  The
    36  [tax commission] commissioner shall have  the  authority  to  promulgate
    37  such  rules  and  regulations  as  may  be necessary for the processing,
    38  determination and granting of credits and refunds under this subsection.
    39    (13)  Notwithstanding any other provision of this article, the  credit
    40  allowed  under  this  subsection  shall be determined after the determi-
    41  nation  and  application  of  any  other  credits  permitted  under  the
    42  provisions of this article.
    43    (14)  The  commissioner  [of  taxation  and  finance]  shall prepare a
    44  preliminary written report after July thirty-first and a  final  written
    45  report  after  December  thirty-first of each calendar year, which shall
    46  contain statistical information regarding  the  credits  granted  on  or
    47  before  such  dates  under  this  subsection  during such calendar year.
    48  Copies of these reports shall be submitted by such commissioner  to  the
    49  governor,  the  temporary  president  of  the senate, the speaker of the
    50  assembly, the chairman of the senate finance committee and the  chairman
    51  of the assembly ways and means committee within sixty days of July thir-
    52  ty-first  with  respect to the preliminary report, and within forty-five
    53  days of December thirty-first with respect to  the  final  report.  Such
    54  reports shall contain, but need not be limited to, the number of credits
    55  and the average amount of such credits allowed; and of those, the number
    56  of  credits  and the average amount of such credits allowed to qualified

        S. 3157                             9                            A. 4449
     1  taxpayers in each county; and of those, the number of  credits  and  the
     2  average  amount  of  such  credits  allowed to qualified taxpayers whose
     3  household gross income falls within each of the household  gross  income
     4  ranges  set  forth  in paragraph three of this subsection; and of those,
     5  the number of credits and the average amount of such credits allowed  to
     6  qualified taxpayers whose credit amount falls within credit amount rang-
     7  es set forth in twenty-five dollar increments.
     8    §  2.  Paragraph 3 of subsection (e) of section 606 of the tax law, as
     9  amended by section one of this act, is amended to read as follows:
    10    (3)  Determination of credit.  (A) For qualified  taxpayers  who  have
    11  attained the age of sixty-five years or a permanent and total disability
    12  as defined in section twenty-two of the internal revenue code before the
    13  beginning  of or during the taxable year the amount of the credit allow-
    14  able under this subsection shall be fifty percent, or in the case  of  a
    15  qualified  taxpayer  who  has  elected  to  include an additional amount
    16  pursuant to subparagraph (E) of paragraph one of this subsection,  twen-
    17  ty-five  percent,  of the excess of real property taxes or the excess of
    18  real property tax equivalent determined as follows:
    19                                          Excess real property taxes are
    20                                          the excess of real property tax
    21                                          equivalent or the excess of
    22       If household gross                 qualifying real property taxes
    23       income for the                     over the following percentage of
    24       taxable year is:                   household gross income:
    25       ___________________                __________________________________
    26       $6,000 or less                     3 1/2
    27       Over $6,000 but not
    28          over $10,000                    4
    29       Over $10,000 but not
    30          over $14,000                    4 1/2
    31       Over $14,000 but not
    32          over $18,000                    5
    33       Over $18,000 but not
    34          over $22,000                    5 1/2
    35       Over $22,000 but not
    36          over $28,000                    6
    37       Over $28,000 but not
    38          over $36,000                    6 1/2
    39    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
    40  mined  under  this  subparagraph may not exceed the amount determined in
    41  accordance with the following table:
    42       If household gross                 The maximum
    43       income for the                     credit is:
    44       taxable year is:
    45       ___________________                __________________________________
    46       $2,000 or less                     [$463] $550
    47       Over $2,000 but
    48          not over $4,000                 [$442] $525
    49       Over $4,000 but
    50          not over $6,000                 [$421] $500
    51       Over $6,000 but
    52          not over $8,000                 [$400] $475
    53       Over $8,000 but
    54          not over $10,000                [$379] $450
    55       Over $10,000 but

        S. 3157                            10                            A. 4449
     1          not over $12,000                [$358] $425
     2       Over $12,000 but
     3          not over $14,000                [$337] $400
     4       Over $14,000 but
     5          not over $16,000                [$316] $375
     6       Over $16,000 but
     7          not over $18,000                [$295] $350
     8       Over $18,000 but
     9          not over $20,000                [$274] $325
    10       Over $20,000 but
    11          not over $22,000                [$253] $300
    12       Over $22,000 but
    13          not over $24,000                [$232] $275
    14       Over $24,000 but
    15          not over $26,000                [$211] $250
    16       Over $26,000 but
    17          not over $28,000                [$190] $225
    18       Over $28,000 but
    19          not over $30,000                [$169] $200
    20       Over $30,000 but
    21          not over $32,000                [$148] $175
    22       Over $32,000 but
    23          not over $34,000                [$127] $150
    24       Over $34,000 but
    25          not over $36,000                [$106] $125
    26    (B)  For all other qualified taxpayers the amount of the credit allow-
    27  able under this subsection shall be fifty percent of excess real proper-
    28  ty taxes or the excess of the real property tax equivalent determined as
    29  follows:
    30                                          Excess real property taxes are
    31                                          the excess of real property tax
    32                                          equivalent or the excess of
    33       If household gross                 qualifying real property taxes
    34       income for the                     over the following percentage of
    35       taxable year is:                   household gross income:
    36       ___________________                __________________________________
    37       $6,000 or less                     3 1/2
    38       Over $6,000 but not
    39          over $10,000                    4
    40       Over  $10,000 but not
    41          over $14,000                    4 1/2
    42       Over  $14,000 but not
    43          over  $18,000                   5
    44       Over $18,000 but not
    45          over $22,000                    5 1/2
    46       Over $22,000 but not
    47          over  $28,000                   6
    48       Over $28,000 but not
    49          over $36,000                    6 1/2
    50    Notwithstanding the foregoing provisions, the  maximum  credit  deter-
    51  mined  under  this  subparagraph may not exceed the amount determined in
    52  accordance with the following table:
    53       If household gross                 The maximum
    54       income for the                     credit is:
    55       taxable year is:

        S. 3157                            11                            A. 4449
     1       ___________________                __________________________________
     2       $2,000 or less                     [$163] $250
     3       Over $2,000 but
     4          not over $4,000                 [$158] $243
     5       Over $4,000 but
     6          not over $6,000                 [$154] $237
     7       Over $6,000 but
     8          not over $8,000                 [$149] $230
     9       Over $8,000 but
    10          not over $10,000                [$145] $223
    11       Over $10,000 but
    12          not over $12,000                [$140] $217
    13       Over $12,000 but
    14          not over $14,000                [$136] $210
    15       Over $14,000 but
    16          not over $16,000                [$132] $203
    17       Over $16,000 but
    18          not over $18,000                [$128] $197
    19       Over $18,000 but
    20          not over $20,000                [$123] $190
    21       Over $20,000 but
    22          not over $22,000                [$119] $183
    23       Over $22,000 but
    24          not over $24,000                [$115] $177
    25       Over $24,000 but
    26          not over $26,000                [$110] $170
    27       Over $26,000 but
    28          not over $28,000                [$106] $163
    29       Over $28,000 but
    30          not over $30,000                [$102] $157
    31       Over $30,000 but
    32          not over $32,000                [$97] $150
    33       Over $32,000 but
    34          not over $34,000                [$93] $143
    35       Over $34,000 but
    36          not over $36,000                [$89] $137
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  section two of this act shall take effect January 1, 2021.
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