Bill Text: NY A06794 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to establishing the New York is honoring our military exemption act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A06794 Detail]

Download: New_York-2017-A06794-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6794
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 17, 2017
                                       ___________
        Introduced by M. of A. KEARNS -- read once and referred to the Committee
          on Ways and Means
        AN  ACT  to amend the tax law, in relation to establishing the "New York
          is Honoring Our Military Exemption Act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known as the "New York is
     2  Honoring Our Military Exemption Act".
     3    § 2. The tax law is amended by adding a new section 696-a to  read  as
     4  follows:
     5    §  696-a.  Reacquisition  of  residency  during  active  duty military
     6  service. (a) An individual serving in the armed  forces  of  the  United
     7  States, or serving in support of such armed forces, whose home of record
     8  is  New  York  and whose state of legal residence commencing on or after
     9  January first, two thousand eighteen, is a state other than New York may
    10  reacquire legal residence in this state, regardless of whether the indi-
    11  vidual has a physical presence in this state, if the individual  intends
    12  to  make  New  York his or her state of legal residence. For purposes of
    13  this subdivision, evidence of an intent to make this state  an  individ-
    14  ual's  state  of legal residence must include one or more of the follow-
    15  ing:
    16    (1) registering to vote in this state;
    17    (2) purchasing residential property or an unimproved  residential  lot
    18  in this state;
    19    (3) titling and registering a motor vehicle in this state;
    20    (4)  notifying  the state of the individual's previous legal residence
    21  of the intent to make New York the individual's  state  of  legal  resi-
    22  dence; or
    23    (5) preparing a new last will and testament that indicates New York as
    24  the individual's state of legal residence.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09737-01-7
        A. 6794                             2
     1    (b)  There shall be subtracted from federal taxable income, for income
     2  tax years commencing on or after January first, two  thousand  eighteen,
     3  an  amount equal to any compensation received for active duty service in
     4  the armed forces of the United States by an  individual  who  has  reac-
     5  quired  residency  in  this  state  pursuant  to subdivision (a) of this
     6  section, to the extent that the  compensation  is  included  in  federal
     7  taxable income.
     8    (c) For purposes of this paragraph, an individual whose only source of
     9  income  is  compensation  that is subtracted from federal taxable income
    10  under subdivision (b) of this section need not file a return.
    11    (d) No amount is required to be deducted and withheld from an  employ-
    12  ee's  wages pursuant to this section for income tax due to this state if
    13  the employee's withholding certificate indicates that  the  compensation
    14  is  eligible  to  be  subtracted from federal taxable income pursuant to
    15  subdivision (b) of this section.
    16    § 3. This act shall take effect on the ninetieth day  after  it  shall
    17  have  become  a law and shall apply to the taxable years beginning on or
    18  after January 1, 2018.