Bill Text: NY A08809 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2024-2025 state fiscal year; extends the itemized deduction limit on individuals with income over ten million dollars to 2030 (Part A); extends provisions relating to the voluntary compliance initiative (Part B); makes technical corrections to the metropolitan commuter transportation mobility tax (Part C); relates to the restriction upon issuing notices for a tax year that is the subject of a pending petition filed with the division of tax appeals (Part D); creates the commercial security tax credit program for certain expenses of eligible businesses related to qualified retail theft prevention measures (Part E); extends provisions of law relating to the mandatory electronic filing of certain tax documents (Part F); extends provisions relating to segregated sales tax accounts to December 31, 2029 (Part G); provides that a tax return may be amended where such amendment would not result in the reduction or elimination of a past-due tax liability; provides that any person who willfully files or amends a return that contains false information to reduce or eliminate a liability shall be subjected to a penalty not to exceed one thousand dollars per return (Part H); extends provisions of law relating to exempting from sales and use tax certain tangible personal property and services sold to a related person (Part I); extends the sales tax exemption for certain sales made through vending machines through March 31, 2025 (Part J); relates to the taxation of adult-use cannabis products; provides for the taxation of adult-use cannabis products where books and records are not provided or are determined to be insufficient (Part L); relates to the utilization of funds in the Capital region off-track betting corporations' capital acquisition funds (Part O); extends certain provisions of the racing, pari-mutuel wagering and breeding law (Part P); relates to the computation of tax on little cigars (Part Q); extends requirements related to the New York Jockey Injury Compensation Fund, Inc. (Part R); extends certain exceptions to licensing at a race meet for certain races conducted at the Saratoga racetrack during 2024 and 2025; provides for the repeal of such provisions upon expiration thereof (Part S); lowers the excise tax rate on medical cannabis; provides for the allocation of moneys of the medical cannabis trust fund (Part T).
Spectrum: Committee Bill
Status: (Introduced) 2024-04-18 - substituted by s8309b [A08809 Detail]
Download: New_York-2023-A08809-Amended.html
Bill Title: Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2024-2025 state fiscal year; extends the itemized deduction limit on individuals with income over ten million dollars to 2030 (Part A); extends provisions relating to the voluntary compliance initiative (Part B); makes technical corrections to the metropolitan commuter transportation mobility tax (Part C); relates to the restriction upon issuing notices for a tax year that is the subject of a pending petition filed with the division of tax appeals (Part D); creates the commercial security tax credit program for certain expenses of eligible businesses related to qualified retail theft prevention measures (Part E); extends provisions of law relating to the mandatory electronic filing of certain tax documents (Part F); extends provisions relating to segregated sales tax accounts to December 31, 2029 (Part G); provides that a tax return may be amended where such amendment would not result in the reduction or elimination of a past-due tax liability; provides that any person who willfully files or amends a return that contains false information to reduce or eliminate a liability shall be subjected to a penalty not to exceed one thousand dollars per return (Part H); extends provisions of law relating to exempting from sales and use tax certain tangible personal property and services sold to a related person (Part I); extends the sales tax exemption for certain sales made through vending machines through March 31, 2025 (Part J); relates to the taxation of adult-use cannabis products; provides for the taxation of adult-use cannabis products where books and records are not provided or are determined to be insufficient (Part L); relates to the utilization of funds in the Capital region off-track betting corporations' capital acquisition funds (Part O); extends certain provisions of the racing, pari-mutuel wagering and breeding law (Part P); relates to the computation of tax on little cigars (Part Q); extends requirements related to the New York Jockey Injury Compensation Fund, Inc. (Part R); extends certain exceptions to licensing at a race meet for certain races conducted at the Saratoga racetrack during 2024 and 2025; provides for the repeal of such provisions upon expiration thereof (Part S); lowers the excise tax rate on medical cannabis; provides for the allocation of moneys of the medical cannabis trust fund (Part T).
Spectrum: Committee Bill
Status: (Introduced) 2024-04-18 - substituted by s8309b [A08809 Detail]
Download: New_York-2023-A08809-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8809--A IN ASSEMBLY January 17, 2024 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law and the administrative code of the city of New York, in relation to extending the itemized deduction limit on individuals with income over ten million dollars (Part A); to amend part N of chapter 61 of the laws of 2005, amending the tax law relat- ing to certain transactions and related information and relating to the voluntary compliance initiative, in relation to the effectiveness thereof (Part B); to amend the tax law, in relation to making techni- cal corrections to the metropolitan commuter transportation mobility tax (Part C); to amend the tax law, in relation to the restriction upon issuing notices for a tax year that is the subject of a pending petition filed with the division of tax appeals (Part D); to amend the executive law and the tax law, in relation to creating the commercial security tax credit program (Part E); to amend section 23 of part U of chapter 61 of the laws of 2011, amending the real property tax law and other laws relating to establishing standards for electronic tax administration, in relation to the effectiveness of certain provisions relating to mandatory electronic filing of tax documents (Part F); to repeal subdivision (e) of section 23 of part U of chapter 61 of the laws of 2011 relating to the expiration of the segregated sales tax account provisions (Part G); to amend the tax law, in relation to the filing of amended returns under article 28 thereof (Part H); to amend the tax law, in relation to exempting from sales and use tax certain tangible personal property and services (Part I); to amend the tax law, in relation to extending the sales tax exemption for certain sales made through vending machines (Part J); to amend the real prop- erty law and the tax law, in relation to short-term residential rental of private dwellings in certain municipalities (Part K); to amend the tax law, in relation to the taxation of adult-use cannabis products (Part L); intentionally omitted (Part M); intentionally omitted (Part N); to amend the racing, pari-mutuel wagering and breeding law, in relation to the utilization of funds in the Catskill off-track betting corporation's capital acquisition fund and the Capital off-track betting corporation's capital acquisition fund (Part O); to amend the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12674-03-4A. 8809--A 2 racing, pari-mutuel wagering and breeding law, in relation to licenses for simulcast facilities, sums relating to track simulcast, simulcast of out-of-state thoroughbred races, simulcasting of races run by out- of-state harness tracks and distributions of wagers; to amend chapter 59 of the laws of 2023 amending the racing, pari-mutuel wagering and breeding law and other laws relating to simulcasting; to amend chapter 59 of the laws of 2023 amending the racing, pari-mutuel wagering and breeding law and other laws relating to simulcasting and the imposi- tion of certain taxes, in relation to extending certain provisions thereof; and to amend the racing, pari-mutuel wagering and breeding law, in relation to extending certain provisions thereof (Part P); to amend the racing, pari-mutuel wagering and breeding law, in relation to the New York Jockey Injury Compensation Fund, Inc. (Part Q); to amend the racing, pari-mutuel wagering and breeding law, in relation to establishing a Cornell racehorse safety program; and providing for the expiration of certain provisions (Part R); to amend the tax law, in relation to the corporate franchise tax rate (Part S); to amend the tax law, in relation to increasing the personal income tax rate for certain income levels (Part T); to amend the tax law, in relation to establishing phaseout rates for the earned income tax credit (Part U); to amend the tax law, in relation to eligibility for the earned income tax credit (Part V); to amend the tax law, in relation to a payment of a supplemental empire state child credit (Part W); to amend the tax law, in relation to adjusting the homeowner tax rebate credit for STAR recipients (Part X); to amend the tax law, in relation to allowing a tax exemption with respect to fire extinguishers and fire, heat and carbon monoxide alarms purchased for residential use (Part Y); to amend the tax law, in relation to exempting school supplies from sales tax during a specified period each year (Part Z); to amend the tax law, in relation to exempting oral care products from the tax on retail sales (Part AA); to amend the tax law, in relation to estab- lishing a sales tax exemption for energy storage (Part BB); and to amend the tax law, in relation to creating a work opportunity tax credit; and providing for the repeal of such provisions upon expira- tion thereof (Part CC) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2024-2025 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through CC. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, 7 including the effective date of the Part, which makes a reference to a 8 section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART AA. 8809--A 3 1 Section 1. Paragraph 2 of subsection (g) of section 615 of the tax 2 law, as amended by section 1 of part Q of chapter 59 of the laws of 3 2019, is amended to read as follows: 4 (2) With respect to an individual whose New York adjusted gross income 5 is over ten million dollars, the New York itemized deduction shall be an 6 amount equal to twenty-five percent of any charitable contribution 7 deduction allowed under section one hundred seventy of the internal 8 revenue code for taxable years beginning after two thousand nine and 9 ending before two thousand [twenty-five] thirty. 10 § 2. Paragraph 2 of subdivision (g) of section 11-1715 of the adminis- 11 trative code of the city of New York, as amended by section 2 of part Q 12 of chapter 59 of the laws of 2019, is amended to read as follows: 13 (2) With respect to an individual whose New York adjusted gross income 14 is over ten million dollars, the New York itemized deduction shall be an 15 amount equal to twenty-five percent of any charitable contribution 16 deduction allowed under section one hundred seventy of the internal 17 revenue code for taxable years beginning after two thousand nine and 18 ending before two thousand [twenty-five] thirty. 19 § 3. This act shall take effect immediately. 20 PART B 21 Section 1. Section 12 of part N of chapter 61 of the laws of 2005, 22 amending the tax law relating to certain transactions and related infor- 23 mation and relating to the voluntary compliance initiative, as amended 24 by section 1 of part O of chapter 59 of the laws of 2019, is amended to 25 read as follows: 26 § 12. This act shall take effect immediately; provided, however, that 27 (i) section one of this act shall apply to all disclosure statements 28 described in paragraph 1 of subdivision (a) of section 25 of the tax 29 law, as added by section one of this act, that were required to be filed 30 with the internal revenue service at any time with respect to "listed 31 transactions" as described in such paragraph 1, and shall apply to all 32 disclosure statements described in paragraph 1 of subdivision (a) of 33 section 25 of the tax law, as added by section one of this act, that 34 were required to be filed with the internal revenue service with respect 35 to "reportable transactions" as described in such paragraph 1, other 36 than "listed transactions", in which a taxpayer participated during any 37 taxable year for which the statute of limitations for assessment has not 38 expired as of the date this act shall take effect, and shall apply to 39 returns or statements described in such paragraph 1 required to be filed 40 by taxpayers (or persons as described in such paragraph) with the 41 commissioner of taxation and finance on or after the sixtieth day after 42 this act shall have become a law; and 43 (ii) sections two through four and seven through nine of this act 44 shall apply to any tax liability for which the statute of limitations on 45 assessment has not expired as of the date this act shall take effect; 46 and 47 (iii) provided, further, that the provisions of this act, except 48 section five of this act, shall expire and be deemed repealed July 1, 49 [2024] 2029; provided, that, such expiration and repeal shall not affect 50 any requirement imposed pursuant to this act. 51 § 2. This act shall take effect immediately. 52 PART CA. 8809--A 4 1 Section 1. The opening paragraph of paragraph 2 of subsection (a) of 2 section 801 of the tax law, as amended by section 1 of part N of chapter 3 59 of the laws of 2012, is amended to read as follows: 4 (A) For individuals, the tax is imposed at a rate of thirty-four 5 hundredths (.34) percent of the net earnings from self-employment of 6 individuals that are attributable to the MCTD, in the counties of Dutch- 7 ess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester, if such 8 earnings attributable to the MCTD exceed fifty thousand dollars for the 9 tax year. 10 § 2. This act shall take effect immediately and shall apply to taxable 11 years beginning on or after January 1, 2024. 12 PART D 13 Section 1. Paragraph 2 of subsection (c) and paragraph 4 of subsection 14 (d) of section 689 of the tax law, paragraph 2 of subsection (c) as 15 amended by chapter 40 of the laws of 1964 and paragraph 4 of subsection 16 (d) as amended by chapter 28 of the laws of 1987, are amended to read as 17 follows: 18 (2) the taxpayer has not previously filed with the tax commission a 19 timely petition under subsection (b) of this section for the same taxa- 20 ble year unless the petition under this subsection relates to a separate 21 claim for credit or refund properly filed under subsection (f) of 22 section six hundred eighty-seven of this part or relates to a refund or 23 credit first claimed on an amended return for the taxable year, and 24 (4) Restriction on further notices of deficiency. -- If the taxpayer 25 files a petition with the tax commission under this section, no notice 26 of deficiency under section six hundred eighty-one of this part may 27 thereafter be issued by the tax commission for the same [taxable year] 28 tax return, except in case of fraud or with respect to a change or 29 correction required to be reported under section six hundred fifty-nine 30 of this article. 31 § 2. Paragraph 2 of subsection (c) and paragraph 4 of subsection (d) 32 of section 1089 of the tax law, paragraph 2 of subsection (c) as added 33 by chapter 188 of the laws of 1964 and paragraph 4 of subsection (d) as 34 amended by chapter 817 of the laws of 1987, are amended to read as 35 follows: 36 (2) the taxpayer has not previously filed with the tax commission a 37 timely petition under subsection (b) of this section for the same taxa- 38 ble year unless the petition under this subsection relates to a separate 39 claim for credit or refund properly filed under subsection (f) of 40 section one thousand eighty-seven of this article or relates to a refund 41 or credit first claimed on an amended return for the taxable year, and 42 (4) Restriction on further notices of deficiency.---If the taxpayer 43 files a petition with the tax commission under this section, no notice 44 of deficiency under section one thousand eighty-one of this article may 45 thereafter be issued by the tax commission for the same [taxable year] 46 tax return, except in case of fraud or with respect to an increase or 47 decrease in federal taxable income or federal alternative minimum taxa- 48 ble income or federal tax or a federal change or correction or renegoti- 49 ation, or computation or recomputation of tax, which is treated in the 50 same manner as if it were a deficiency for federal income tax purposes, 51 required to be reported under subdivision three of section two hundred 52 eleven[, or under section two hundred nineteen-bb or under section two53hundred nineteen-zz] of this chapter.A. 8809--A 5 1 § 3. This act shall take effect immediately and apply to taxable years 2 beginning on or after January 1, 2024. 3 PART E 4 Section 1. The executive law is amended by adding a new section 845-e 5 to read as follows: 6 § 845-e. Commercial security tax credit program. 1. Definitions. For 7 the purposes of this section: 8 (a) "Certificate of tax credit" means the document issued to a busi- 9 ness entity by the division after the division has verified that the 10 business entity has met all applicable eligibility criteria in subdivi- 11 sion two of this section. The certificate shall specify the exact amount 12 of the tax credit under this section that a business entity may claim, 13 pursuant to subdivision five of this section, and other information as 14 required by the department of taxation and finance. 15 (b) "Qualified business" means a business with twenty-five or fewer 16 total employees that operates one or more physical retail business 17 locations open to the public in New York state that incurs costs related 18 to protection against retail theft of goods through retail theft 19 prevention measures. 20 (c) "Qualified retail theft prevention measure expenses" means any 21 combination of retail theft prevention measure costs paid or incurred by 22 a qualified business during the taxable year that cumulatively exceed 23 three thousand dollars for each New York retail location. 24 (d) "Retail theft prevention measure" means (i) the use of security 25 officers as defined in paragraph (e) of this subdivision, (ii) security 26 cameras, (iii) perimeter security lighting, (iv) interior or exterior 27 locking or hardening measures, (v) alarm systems, (vi) access control 28 systems, or (vii) other appropriate anti-theft devices as determined by 29 the division to be eligible under this section. 30 (e) "Security officers" means security officers, registered under 31 article seven-A of the general business law, responsible for the securi- 32 ty and theft deterrence in a qualified business, whether employed 33 directly by such business or indirectly through a contractor. 34 2. Eligibility criteria. To be eligible for a tax credit under the 35 commercial security tax credit program, an eligible business must: 36 (a) be a qualified business required to file a tax return pursuant to 37 articles nine, nine-A or twenty-two of the tax law; 38 (b) have qualified retail theft prevention measure expenses that 39 exceed three thousand dollars for each New York retail location during 40 the taxable year; 41 (c) provide a certification in a manner and form prescribed by the 42 commissioner that the business entity participates in a community anti- 43 theft partnership as established by the division between businesses and 44 relevant local law enforcement agencies; and 45 (d) may not owe past due state taxes or local property taxes unless 46 the business entity is making payments and complying with an approved 47 binding payment agreement entered into with the taxing authority. 48 3. Application and approval process. (a) A business entity must submit 49 a complete application as prescribed by the commissioner by October 50 thirty-first of each year. 51 (b) The commissioner shall establish procedures for business entities 52 to submit applications. As part of the application, each business entity 53 must:A. 8809--A 6 1 (i) provide evidence of eligibility in a form and manner prescribed by 2 the commissioner; 3 (ii) agree to allow the department of taxation and finance to share 4 the business entity's tax information with the division. However, any 5 information shared as a result of this program shall not be available 6 for disclosure or inspection under the state freedom of information law 7 pursuant to article six of the public officers law; 8 (iii) allow the division and its agents access to any and all books 9 and records the division may require to confirm eligibility; and 10 (iv) agree to provide any additional information required by the divi- 11 sion relevant to this section. 12 4. Certificate of tax credit. After reviewing a business entity's 13 completed final application and determining that a business entity meets 14 the eligibility criteria as set forth in this section, the division may 15 issue to that business entity a certificate of tax credit. All applica- 16 tions will be processed by the division in the order they are received 17 and certificates of tax credit may be issued in amounts that, in the 18 aggregate, do not exceed the annual cap as set forth in subdivision 19 seven of this section. 20 5. Commercial security tax credit. (a) For taxable years beginning on 21 or after January first, two thousand twenty-four and before January 22 first, two thousand twenty-six, a business entity in the commercial 23 security tax credit program that meets the eligibility requirements of 24 subdivision two of this section may be eligible to claim a credit equal 25 to three thousand dollars for each retail location of the business enti- 26 ty located in New York state. 27 (b) A business entity may claim the tax credit in the taxable year 28 that begins in the year for which it was allocated a credit by the divi- 29 sion under this section. 30 (c) The credit shall be allowed as provided in section forty-nine, 31 section one hundred eighty-seven-r, subdivision sixty of section two 32 hundred ten-B and subsection (ppp) of section six hundred six of the tax 33 law. 34 (d) The commissioner shall, in consultation with the department of 35 taxation and finance, develop a certificate of tax credit that shall be 36 issued by the commissioner to eligible businesses. 37 (e) The commissioner shall solely determine the eligibility of any 38 applicant applying for entry into the program and shall remove any busi- 39 ness entity from the program for failing to meet any of the requirements 40 set forth in subdivision two and subdivision three of this section. In 41 the event a business entity is removed from the program, the division 42 shall notify the department of taxation and finance of such removal. 43 6. Maintenance of records. Each eligible business participating in the 44 program shall keep all relevant records for the duration of their 45 program participation for at least three years. 46 7. Cap on tax credit. The total amount of tax credits listed on 47 certificates of tax credit issued by the division pursuant to this 48 section may not exceed five million dollars per calendar year. 49 § 2. The tax law is amended by adding a new section 49 to read as 50 follows: 51 § 49. Commercial security tax credit. (a) Allowance of credit. For 52 taxable years beginning on or after January first, two thousand twenty- 53 four and before January first, two thousand twenty-six, a taxpayer 54 required to file a return pursuant to articles nine, nine-A or twenty- 55 two of this chapter shall be allowed a credit against such tax, pursuant 56 to the provisions referenced in subdivision (f) of this section. TheA. 8809--A 7 1 amount of the credit is equal to the amount determined pursuant to 2 section eight hundred forty-five-e of the executive law. No cost or 3 expense paid or incurred by the taxpayer that is included as part of the 4 calculation of this credit shall be the basis of any other tax credit 5 allowed under this chapter. 6 (b) To be eligible for the commercial security tax credit, the taxpay- 7 er shall have been issued a certificate of tax credit by the division of 8 criminal justice services pursuant to section eight hundred forty-five-e 9 of the executive law, which certificate shall set forth the amount of 10 the credit that may be claimed for the taxable year. The taxpayer shall 11 be allowed to claim only the amount listed on the certificate of tax 12 credit for the taxable year. A taxpayer that is a partner in a partner- 13 ship, member of a limited liability company or shareholder in a subchap- 14 ter S corporation that has received a certificate of tax credit shall be 15 allowed its pro rata share of the credit earned by the partnership, 16 limited liability company or subchapter S corporation. 17 (c) Tax return requirement. The taxpayer shall be required to attach 18 to its tax return in the form prescribed by the commissioner, proof of 19 receipt of its certificate of tax credit issued by the division of crim- 20 inal justice services. 21 (d) Information sharing. Notwithstanding any provision of this chap- 22 ter, employees of the division of criminal justice services and the 23 department shall be allowed and are directed to share and exchange: 24 (1) information derived from tax returns or reports that is relevant 25 to a taxpayer's eligibility to participate in the commercial security 26 tax credit program; 27 (2) information regarding the credit applied for, allowed or claimed 28 pursuant to this section and taxpayers that are applying for the commer- 29 cial security tax credit program or that are claiming such credit; and 30 (3) information contained in or derived from credit claim forms 31 submitted to the department and applications for admission into the 32 commercial security tax credit program. All information exchanged 33 between the department and the division of criminal justice services 34 shall not be subject to disclosure or inspection under the state's free- 35 dom of information law. 36 (e) Credit recapture. If a certificate of tax credit issued by the 37 division of criminal justice services under section eight hundred 38 forty-five-e of the executive law is revoked by the division, the amount 39 of credit described in this section and claimed by the taxpayer prior to 40 such revocation shall be added back to tax in the taxable year such 41 revocation becomes final. 42 (f) Cross references. For application of the credit provided for in 43 this section, see the following provisions of this chapter: 44 (1) article 9; section 187-r; 45 (2) article 9-A: section 210-B, subdivision 60; 46 (3) article 22: section 606, subsection (ppp). 47 § 3. The tax law is amended by adding a new section 187-r to read as 48 follows: 49 § 187-r. Commercial security tax credit. 1. Allowance of credit. A 50 taxpayer shall be allowed a credit, to be computed as provided in 51 section forty-nine of this chapter, against the tax imposed by this 52 article. 53 2. Application of credit. In no event shall the credit under this 54 section be allowed in an amount that will reduce the tax payable to less 55 than the applicable minimum tax fixed by section one hundred eighty- 56 three of this article. If, however, the amount of credit allowable underA. 8809--A 8 1 this section for any taxable year reduces the tax to such amount, any 2 amount of credit not deductible in such taxable year shall be treated as 3 an overpayment of tax to be refunded in accordance with the provisions 4 of section one thousand eighty-six of this chapter. Provided, however, 5 the provisions of subsection (c) of section one thousand eighty-eight of 6 this chapter notwithstanding, no interest shall be paid thereon. 7 § 4. Section 210-B of the tax law is amended by adding a new subdivi- 8 sion 60 to read as follows: 9 60. Commercial security tax credit. (a) Allowance of credit. A taxpay- 10 er shall be allowed a credit, to be computed as provided in section 11 forty-nine of this chapter, against the taxes imposed by this article. 12 (b) Application of credit. The credit allowed under this subdivision 13 for the taxable year shall not reduce the tax due for such year to less 14 than the amount prescribed in paragraph (d) of subdivision one of 15 section two hundred ten of this article. However, if the amount of cred- 16 it allowable under this subdivision for the taxable year reduces the tax 17 to such amount or if the taxpayer otherwise pays tax based on the fixed 18 dollar minimum amount, any amount of credit thus not deductible in such 19 taxable year shall be treated as an overpayment of tax to be credited or 20 refunded in accordance with the provisions of section one thousand 21 eighty-six of this chapter. Provided, however, the provisions of 22 subsection (c) of section one thousand eighty-eight of this chapter 23 notwithstanding, no interest will be paid thereon. 24 § 5. Section 606 of the tax law is amended by adding a new subsection 25 (ppp) to read as follows: 26 (ppp) Commercial security tax credit. (1) Allowance of credit. A 27 taxpayer shall be allowed a credit, to be computed as provided in 28 section forty-nine of this chapter, against the tax imposed by this 29 article. 30 (2) Application of credit. If the amount of the credit allowed under 31 this subsection for the taxable year exceeds the taxpayer's tax for such 32 year, the excess shall be treated as an overpayment of tax to be credit- 33 ed or refunded in accordance with the provisions of section six hundred 34 eighty-six of this article, provided, however, that no interest will be 35 paid thereon. 36 § 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 37 of the tax law is amended by adding a new clause (li) to read as 38 follows: 39 (li) Commercial security tax Amount of credit under 40 credit under subsection (ppp) subdivision sixty of 41 section two hundred ten-B 42 § 7. This act shall take effect immediately. 43 PART F 44 Section 1. Intentionally omitted. 45 § 2. Intentionally omitted. 46 § 3. Intentionally omitted. 47 § 4. Intentionally omitted. 48 § 5. Subdivisions (a), (b), (c) and (d) of section 23 of part U of 49 chapter 61 of the laws of 2011, amending the real property tax law and 50 other laws relating to establishing standards for electronic tax 51 administration, subdivisions (a), (c) and (d) as amended by section 5 of 52 part A of chapter 59 of the laws of 2019 and subdivision (b) as amended 53 by section 5 of part G of chapter 60 of the laws of 2016, are amended to 54 read as follows:A. 8809--A 9 1 (a) the amendments to section 29 of the tax law made by section thir- 2 teen of this act shall apply to tax documents filed or required to be 3 filed on or after the sixtieth day after which this act shall have 4 become a law and shall expire and be deemed repealed December 31, [2024] 5 2029, provided however that the amendments to paragraph 4 of subdivision 6 (a) of section 29 of the tax law and paragraph 2 of subdivision (e) of 7 section 29 of the tax law made by section thirteen of this act with 8 regard to individual taxpayers shall take effect September 15, 2011 but 9 only if the commissioner of taxation and finance has reported in the 10 report required by section seventeen-b of this act that the percentage 11 of individual taxpayers electronically filing their 2010 income tax 12 returns is less than eighty-five percent; provided that the commissioner 13 of taxation and finance shall notify the legislative bill drafting 14 commission of the date of the issuance of such report in order that the 15 commission may maintain an accurate and timely effective data base of 16 the official text of the laws of the state of New York in furtherance of 17 effectuating the provisions of section 44 of the legislative law and 18 section 70-b of the public officers law; 19 (b) sections fourteen, fifteen, sixteen and seventeen of this act 20 shall take effect September 15, 2011 but only if the commissioner of 21 taxation and finance has reported in the report required by section 22 seventeen-b of this act that the percentage of individual taxpayers 23 electronically filing their 2010 income tax returns is less than eight- 24 y-five percent; 25 (c) sections fourteen-a and fifteen-a of this act shall take effect 26 September 15, 2011 and expire and be deemed repealed December 31, 2012 27 but shall take effect only if the commissioner of taxation and finance 28 has reported in the report required by section seventeen-b of this act 29 that the percentage of individual taxpayers electronically filing their 30 2010 income tax returns is eighty-five percent or greater; 31 (d) sections fourteen-b, fifteen-b, sixteen-a and seventeen-a of this 32 act shall take effect January 1, [2025] 2030 but only if the commission- 33 er of taxation and finance has reported in the report required by 34 section seventeen-b of this act that the percentage of individual 35 taxpayers electronically filing their 2010 income tax returns is less 36 than eighty-five percent; and 37 § 6. This act shall take effect immediately. 38 PART G 39 Section 1. Subdivision (e) of section 23 of part U of chapter 61 of 40 the laws of 2011 is REPEALED. 41 § 2. This act shall take effect immediately. 42 PART H 43 Section 1. Section 1136 of the tax law is amended by adding a new 44 subdivision (d-1) to read as follows: 45 (d-1)(1) Notwithstanding subdivision (d) of this section, a return may 46 be amended where such amendment would not result in the reduction or 47 elimination of a past-due tax liability, as such term is defined in 48 section one hundred seventy-one-v of this chapter. Provided, however, 49 that a person required to collect tax, as defined in section eleven 50 hundred thirty-one of this part, may amend a return within one hundred 51 eighty days of the date such return was due if the past-due liability 52 was self-assessed and reported by such person.A. 8809--A 10 1 (2) Where there is no such past-due tax liability, an amended return 2 that would result in the reduction or elimination of tax due shall be 3 deemed a claim for credit or refund and must be filed within the time 4 required for filing a claim for credit or refund under section eleven 5 hundred thirty-nine of this part and otherwise meet the requirements of 6 such section. 7 (3) Where the commissioner has determined the amount of tax due pursu- 8 ant to paragraph one of subdivision (a) of section eleven hundred thir- 9 ty-eight of this part, an original return may be filed within one 10 hundred eighty days after mailing of notice of such determination. 11 Provided, however, that nothing in this paragraph shall affect any 12 penalty or interest that may have accrued for such tax period on account 13 of failure to timely file the original return. 14 (4) An assessment of tax, penalty and interest, including recovery of 15 a previously paid refund, attributable to a change or correction on a 16 return, may be made at any time within three years after such return is 17 filed. 18 § 2. Subdivision (a) of section 1145 of the tax law is amended by 19 adding a new paragraph 8 to read as follows: 20 (8) Notwithstanding any other provision of this article, any person 21 who willfully files or amends a return that contains false information 22 to reduce or eliminate a liability shall be subject to a penalty not to 23 exceed one thousand dollars per return. This penalty shall be in addi- 24 tion to any other penalty provided by law. 25 § 3. The commissioner of taxation and finance shall be required to 26 provide notice to persons required to collect tax of the amendments made 27 by sections one and two of this act no later than September 1, 2024. 28 § 4. This act shall take effect immediately, provided, however, the 29 amendments made by section one of this act shall apply to returns filed 30 or amended for quarterly periods, as described in subdivision (b) of 31 section 1136 of the tax law, commencing on and after December 1, 2024. 32 PART I 33 Section 1. Subdivision (jj) of section 1115 of the tax law, as amended 34 by section 1 of part M of chapter 59 of the laws of 2021, is amended to 35 read as follows: 36 (jj) Tangible personal property or services otherwise taxable under 37 this article sold to a related person shall not be subject to the taxes 38 imposed by section eleven hundred five of this article or the compensat- 39 ing use tax imposed under section eleven hundred ten of this article 40 where the purchaser can show that the following conditions have been met 41 to the extent they are applicable: (1)(i) the vendor and the purchaser 42 are referenced as either a "covered company" as described in section 43 243.2(f) or a "material entity" as described in section 243.2(l) of the 44 Code of Federal Regulations in a resolution plan that has been submitted 45 to an agency of the United States for the purpose of satisfying subpara- 46 graph 1 of paragraph (d) of section one hundred sixty-five of the Dodd- 47 Frank Wall Street Reform and Consumer Protection Act (the "Act") or any 48 successor law, or (ii) the vendor and the purchaser are separate legal 49 entities pursuant to a divestiture directed pursuant to subparagraph 5 50 of paragraph (d) of section one hundred sixty-five of such act or any 51 successor law; (2) the sale would not have occurred between such related 52 entities were it not for such resolution plan or divestiture; and (3) in 53 acquiring such property or services, the vendor did not claim an 54 exemption from the tax imposed by this state or another state based onA. 8809--A 11 1 the vendor's intent to resell such services or property. A person is 2 related to another person for purposes of this subdivision if the person 3 bears a relationship to such person described in section two hundred 4 sixty-seven of the internal revenue code. The exemption provided by this 5 subdivision shall not apply to sales made, services rendered, or uses 6 occurring after June thirtieth, two thousand [twenty-four] twenty-seven, 7 except with respect to sales made, services rendered, or uses occurring 8 pursuant to binding contracts entered into on or before such date; but 9 in no case shall such exemption apply after June thirtieth, two thousand 10 [twenty-seven] thirty. 11 § 2. This act shall take effect immediately. 12 PART J 13 Section 1. Subparagraph (B) of paragraph 1 of subdivision (a) of 14 section 1115 of the tax law, as amended by section 1 of part R of chap- 15 ter 59 of the laws of 2023, is amended to read as follows: 16 (B) Until May thirty-first, two thousand [twenty-four] twenty-five, 17 the food and drink excluded from the exemption provided by clauses (i), 18 (ii) and (iii) of subparagraph (A) of this paragraph, and bottled water, 19 shall be exempt under this subparagraph: (i) when sold for one dollar 20 and fifty cents or less through any vending machine that accepts coin or 21 currency only; or (ii) when sold for two dollars or less through any 22 vending machine that accepts any form of payment other than coin or 23 currency, whether or not it also accepts coin or currency. 24 § 2. This act shall take effect immediately. 25 PART K 26 Section 1. The real property law is amended by adding a new article 27 12-D to read as follows: 28 ARTICLE 12-D 29 SHORT-TERM RESIDENTIAL RENTAL UNITS 30 Section 447-a. Definitions. 31 447-b. Short-term residential rental units; regulation. 32 447-c. Registration. 33 447-d. Exceptions. 34 447-e. Penalties. 35 447-f. Enforcement. 36 447-g. Data sharing. 37 § 447-a. Definitions. For the purposes of this article, the following 38 terms shall have the following meanings: 39 1. "Short-term residential rental unit" means an entire dwelling unit, 40 or a room, group of rooms, other living or sleeping space, or any other 41 space within a dwelling, made available for rent by guests for less than 42 thirty consecutive days, where the unit is offered for tourist or tran- 43 sient use by the short-term rental host of the residential unit. 44 2. "Short-term rental host" means a person or entity in lawful 45 possession of a short-term rental unit who rents such unit to guests in 46 accordance with this article. 47 3. "Booking service" means a person or entity who, directly or indi- 48 rectly: 49 (a) provides one or more online, computer or application-based plat- 50 forms that individually or collectively can be used to: 51 (i) list or advertise offers for short-term rentals, andA. 8809--A 12 1 (ii) either accept such offers, or reserve or pay for such rentals; 2 and 3 (b) charges, collects or receives a fee for the use of such a platform 4 or for provision of any service in connection with a short-term rental. 5 A booking service shall not be construed to include a platform that 6 solely lists or advertises offers for short-term rentals. 7 § 447-b. Short-term residential rental units; regulation. 1. A short- 8 term rental host may operate a dwelling unit as a short-term residential 9 rental unit provided such dwelling unit: 10 (a) is registered in accordance with section four hundred forty-sev- 11 en-c of this article; 12 (b) is not used to provide single room occupancy as defined by subdi- 13 vision forty-four of section four of the multiple residence law and 14 subdivision sixteen of section four of the multiple dwelling law; 15 (c) includes a conspicuously posted evacuation diagram identifying all 16 means of egress from the unit and the building in which it is located; 17 (d) includes a conspicuously posted list of emergency phone numbers 18 for police, fire, and poison control; 19 (e) has a working fire-extinguisher; 20 (f) is insured by an insurer licensed to write insurance in this state 21 or procured by a duly licensed excess line broker pursuant to section 22 two thousand one hundred eighteen of the insurance law for at least the 23 value of the dwelling, plus a minimum of three hundred thousand dollars 24 coverage for third party claims of property damage or bodily injury that 25 arise out of the operation of a short-term rental unit. Notwithstanding 26 any other provision of law, no insurer shall be required to provide such 27 coverage; 28 (g) is not subject to the emergency tenant protection act of nineteen 29 seventy-four, the rent stabilization law of nineteen sixty-nine, the 30 emergency housing rent control law, the local emergency housing rent 31 control act or otherwise regulated or supervised by a federal, state, or 32 local agency pursuant to any other law or rule or an agreement with such 33 federal, state, or local agency; and 34 (h) is not otherwise prohibited from operating as a short-term rental 35 unit by federal, state, or local law, rules, and regulations. 36 2. Occupancies of a short-term rental unit shall be subject to taxes 37 and fees pursuant to articles twenty-eight and twenty-nine of the tax 38 law and applicable local laws. 39 3. Short-term rental hosts shall maintain records related to guest 40 stays for two years following the end of the calendar year in which an 41 individual rental stay occurred, including the date of each stay and 42 number of guests, the cost for each stay, including relevant tax, and 43 records related to their registration as short-term rental hosts with 44 the department of state. As a requirement for registration under section 45 four hundred forty-seven-c of this article, hosts shall provide these 46 records to the department of state on an annual basis. The department 47 shall share this report with county, city, town, or village governments 48 and shall make such reports available to local municipal enforcement 49 agencies upon request. Where the booking service is the short-term 50 rental host, the short-term rental host may be exempt from providing 51 such report provided that the booking service includes all necessary 52 information required of a short-term rental host in the report required 53 pursuant to subdivision four of this section. 54 4. Booking services shall develop and maintain a report related to 55 short-term rental unit guest stays that the booking service has facili- 56 tated in the state for two years following the end of the calendar yearA. 8809--A 13 1 in which an individual rental stay occurred. The report shall include 2 the dates of each stay and the number of guests, the cost for each stay, 3 including relevant tax, the physical address, including any unit desig- 4 nation, of each short-term rental unit booked, the full legal name of 5 each short-term rental unit's host, and each short-term rental unit's 6 registration number. In the event a booking service does not adhere to 7 subdivision two of section four hundred forty-seven-c of this article, 8 or more information is deemed necessary by the department of state, the 9 department may access this report and all relevant records from a book- 10 ing service in response to valid legal process. The department shall 11 share this report and records with county, city, town, or village 12 governments and shall make such reports available to local municipal 13 enforcement agencies when lawfully requested. Reports and any records 14 provided to generate such reports shall not be made publicly available 15 without the redaction of the full legal name of each short-term rental 16 unit's host, the street name and number of the physical address of any 17 identified short-term rental unit and the unit's registration number. 18 5. It shall be unlawful for a booking service to collect a fee for 19 facilitating booking transactions for short-term residential rental 20 units located in this state if the booking service has not verified with 21 the department of state, or in cities with a population over one million 22 with such city, the short-term rental unit and its owner or tenant have 23 been issued a current, valid registration by the department of state. 24 6. The provisions of this article shall apply to all short-term resi- 25 dential rental units in the state; provided, however, that a munici- 26 pality that has its own short-term residential rental unit registry as 27 of the effective date of this article may continue such registry and all 28 short-term residential rental units in such municipality shall be 29 required to be registered with the department of state. In a city with a 30 population over one million, all short-term residential rental units 31 shall only register with such city as provided in a local law, rule, or 32 regulation. Municipalities with short-term residential rental unit 33 registries as of the effective date of this article shall maintain the 34 authority to manage such registries and to collect fines for 35 violations related to the registration of short-term residential rental 36 units with such municipal registry. A city with a population over one 37 million that has a short-term residential rental registry shall provide 38 information on short-term residential rental units registered within 39 such municipality to the department of state, on a monthly basis of 40 each calendar year, in order for the department to maintain a current 41 database of all short-term residential units registered within the 42 state. Municipalities with short-term residential rental unit regis- 43 tries as of the effective date of this article may establish registra- 44 tion requirements and regulations in such municipality in addition to 45 the requirements of this section. The department of state shall share 46 the report required pursuant to subdivision three of this section with 47 municipalities with short-term residential rental unit registries upon 48 request. No municipality shall create its own short-term rental residen- 49 tial rental unit registry after the effective date of this article. 50 § 447-c. Registration. 1. Short-term rental hosts shall be required to 51 register a short-term residential rental unit with the department of 52 state. 53 (a) Registration with the department of state shall be valid for two 54 years, after which time the short-term rental host may renew the regis- 55 tration in a manner prescribed by the department of state. The depart- 56 ment of state may revoke the registration of a short-term rental hostA. 8809--A 14 1 upon a determination that the short-term rental host has violated any 2 provision of this article at least three times in two calendar years, 3 and may determine that the short-term rental host shall be ineligible 4 for registration for a period of up to twelve months from the date of 5 such determination or at the request of a municipality when such munici- 6 pality requests such revocation due to illegal occupancy. Listing or 7 offering a dwelling unit, or portion thereof, as a short-term residen- 8 tial rental unit without current, valid registration shall be unlawful 9 and shall make persons who list or offer such unit ineligible for regis- 10 tration for a period of twelve months from the date a determination is 11 made that a violation has occurred. 12 (b) A short-term rental host shall include their current, valid regis- 13 tration number on all offerings, listings or advertisements for short- 14 term rental guest stays. 15 (c) A tenant, or other person that does not own a unit that is used as 16 a short-term rental unit but is in lawful possession of a short-term 17 residential rental unit, shall not qualify for registration if they are 18 not the permanent occupant of the dwelling unit in question and have not 19 been granted permission in writing by the owner for its short-term 20 rental. Proof of written consent by the owner shall be provided to and 21 verified by the department of state or any municipality with its own 22 registration system before the issuing or renewal of a registration 23 number. 24 (d) The department of state shall make available to booking services 25 the data necessary to allow booking services to verify the registration 26 status of a short-term residential rental unit and that the unit is 27 associated with the short-term rental host who registered the unit. 28 (e) The short-term rental host shall pay application and renewal 29 registration fees in an amount to be established by the department of 30 state. 31 (f) Such registration fee shall include a fee for the use of the elec- 32 tronic verification system in an amount to be established by the depart- 33 ment of state which shall not exceed the cost to build, operate, and 34 maintain such system. 35 2. It shall be unlawful for a booking service to collect a fee for 36 facilitating booking transactions for short-term residential rental 37 units located in this state without such booking service first register- 38 ing with the department of state. Accordingly, booking services shall 39 adhere to the following, in addition to other regulations established by 40 the department, as conditions of such registration: 41 (a) Booking services shall provide to the department on a quarterly 42 basis, in a form and manner to be determined by the department, the 43 report developed and maintained by the booking service in accordance 44 with subdivision four of section four hundred forty-seven-b of this 45 article. The department shall share this report with county, city, town, 46 or village governments and shall make such reports available to local 47 municipal enforcement agencies when lawfully requested. 48 (b) A booking service shall provide agreement in writing to the 49 department that it will: 50 (i) Obtain written consent from all short-term rental hosts intending 51 to utilize their platform, for short-term residential rental units 52 located in this state, for the disclosure of the information pursuant to 53 subdivision four of section four hundred forty-seven-b of this article, 54 in accordance with paragraph (a) of this subdivision; andA. 8809--A 15 1 (ii) Furnish the information identified pursuant to subdivision four 2 of section four hundred forty-seven-b of this article, in accordance 3 with paragraph (a) of this subdivision. 4 3. The department of state shall set a fee for booking service regis- 5 tration with the department. 6 § 447-d. Exceptions. This article shall not apply to: 7 1. Incidental and occasional occupancy of such dwelling unit for 8 fewer than thirty consecutive days by other natural persons when the 9 permanent occupants are temporarily absent for personal reasons, such as 10 vacation or medical treatment, provided that there is no monetary 11 compensation paid to the permanent occupants for such occupancy; or 12 2. A municipality which does not allow short-term residential rentals; 13 provided, however, that such municipality shall request an exception 14 from this article; or 15 3. Temporary housing or lodging permitted by the department of health. 16 § 447-e. Penalties. 1. Any booking service which collects a fee 17 related to booking a unit as a short-term rental where such unit is not 18 registered in accordance with this article shall be fined in accordance 19 with subdivisions four and five of this section. The secretary of state 20 or their designee may also seek an injunction from a court of competent 21 jurisdiction prohibiting the collection of any fees relating to the 22 offering or renting of the unit as a short-term residential rental. 23 2. Any person who offers a short-term residential rental unit without 24 registering with the department of state, or any person who offers an 25 eligible short-term residential rental unit as a short-term rental while 26 the unit's registration on the short-term residential rental unit regis- 27 try is suspended, shall be fined in accordance with subdivisions four 28 and five of this section. 29 3. Any person who fails to comply with any notice of violation or 30 other order issued pursuant to this article by the department of state 31 for a violation of any provision of this article shall be fined in 32 accordance with subdivisions four and five of this section. 33 4. A short-term rental host that violates the requirements of this 34 article shall receive a warning notice issued, without penalty, by the 35 department of state upon the first and second violation. The warning 36 notice shall detail actions to be taken to cure the violation. For a 37 third violation a fine up to two hundred dollars shall be imposed. For 38 each subsequent violation, a fine of up to five hundred dollars per day 39 shall be imposed. Upon the issuance of a violation, a seven-day period 40 to cure the violation shall be granted. During such cure period, no 41 further fines shall be accumulated against the short-term rental host, 42 except where a new violation is related to a different short-term rental 43 unit. 44 5. A booking service that violates the requirements of this article 45 shall be issued a fine of up to five hundred dollars per day, per 46 violation, until such violation is cured. 47 6. In a municipality that has its own registration system, the munici- 48 pality may establish and effectuate its own penalty system. 49 § 447-f. Enforcement. 1. The provisions of this article may be 50 enforced in accordance with article eight of the multiple dwelling law 51 or article eight of the multiple residence law, as applicable in the 52 municipality where the short-term residential unit is located. 53 2. The department of state may enter into agreements with a booking 54 service for assistance in enforcing the provisions of this section, 55 including but not limited to an agreement whereby the booking service 56 agrees to remove a listing from its platform that is deemed ineligibleA. 8809--A 16 1 for use as a short-term residential rental unit under the provisions of 2 this article, and whereby the booking service agrees to prohibit a 3 short-term rental host from listing any listing without a valid regis- 4 tration number. 5 3. The attorney general shall be authorized to bring an action for a 6 violation of this article for any such violations occurring in the 7 state, regardless of the registration system in place within the appli- 8 cable jurisdiction. 9 4. A municipality shall be entitled to bring an action for a violation 10 of this article for any such violations of this article occurring in the 11 municipality, and may notify the attorney general. 12 § 447-g. Data sharing. Booking services shall provide to the depart- 13 ment of state, on a monthly basis, an electronic report, in a format 14 determined by the department of state of the listings maintained, 15 authorized, facilitated or advertised by the booking service within the 16 state for the applicable reporting period. The report shall include the 17 registration number, and a breakdown of where the listings are located, 18 whether the listing is for a partial unit or a whole unit, and shall 19 include the number of nights each unit was reported as occupied during 20 the applicable reporting period. The department of state shall provide 21 such report to all municipalities where listings are located on a month- 22 ly basis, provided, the department of state shall only provide to each 23 municipality the part of the report with information on listings in such 24 municipality. 25 § 2. Subdivision (c) of section 1101 of the tax law, as added by chap- 26 ter 93 of the laws of 1965, paragraphs 2, 3, 4 and 6 as amended by 27 section 2 and paragraph 8 as added by section 3 of part AA of chapter 57 28 of the laws of 2010, and paragraph 5 as amended by chapter 575 of the 29 laws of 1965, is amended to read as follows: 30 (c) When used in this article for the purposes of the tax imposed 31 under subdivision (e) of section eleven hundred five of this article, 32 and subdivision (a) of section eleven hundred four of this article, the 33 following terms shall mean: 34 (1) Hotel. A building or portion of it which is regularly used and 35 kept open as such for the lodging of guests. The term "hotel" includes 36 an apartment hotel, a motel, boarding house or club, whether or not 37 meals are served, and short-term rental units. 38 (2) Occupancy. The use or possession, or the right to the use or 39 possession, of any room in a hotel. "Right to the use or possession" 40 includes the rights of a room remarketer as described in paragraph eight 41 of this subdivision. 42 (3) Occupant. A person who, for a consideration, uses, possesses, or 43 has the right to use or possess, any room in a hotel under any lease, 44 concession, permit, right of access, license to use or other agreement, 45 or otherwise. "Right to use or possess" includes the rights of a room 46 remarketer as described in paragraph eight of this subdivision. 47 (4) Operator. Any person operating a hotel. Such term shall include a 48 room remarketer and such room remarketer shall be deemed to operate a 49 hotel, or portion thereof, with respect to which such person has the 50 rights of a room remarketer. 51 (5) Permanent resident. Any occupant of any room or rooms in a hotel 52 for at least ninety consecutive days shall be considered a permanent 53 resident with regard to the period of such occupancy. 54 (6) Rent. The consideration received for occupancy, including any 55 service or other charge or amount required to be paid as a condition for 56 occupancy, valued in money, whether received in money or otherwise andA. 8809--A 17 1 whether received by the operator [or], a booking service, a room remark- 2 eter or another person on behalf of [either] any of them. 3 (7) Room. Any room or rooms of any kind in any part or portion of a 4 hotel, which is available for or let out for any purpose other than a 5 place of assembly. 6 (8) Room remarketer. A person who reserves, arranges for, conveys, or 7 furnishes occupancy, whether directly or indirectly, to an occupant for 8 rent in an amount determined by the room remarketer, directly or indi- 9 rectly, whether pursuant to a written or other agreement. Such person's 10 ability or authority to reserve, arrange for, convey, or furnish occu- 11 pancy, directly or indirectly, and to determine rent therefor, shall be 12 the "rights of a room remarketer". A room remarketer is not a permanent 13 resident with respect to a room for which such person has the rights of 14 a room remarketer. This term does not include a booking service unless 15 such service otherwise meets this definition. 16 (9) Short-term rental unit. A short-term residential unit as defined 17 in section four hundred forty-seven-a of the real property law which is 18 registered with the department of state or a municipal registration 19 system, which includes but is not limited to title twenty-six of the 20 administrative code of the city of New York. 21 (10) Booking service. (i) A person or entity who, directly or indi- 22 rectly: 23 (A) provides one or more online, computer or application-based plat- 24 forms that individually or collectively can be used to: 25 (I) list or advertise offers for rental of a short-term rental unit, 26 or space in a short-term rental unit, a type of a hotel as defined in 27 paragraph one of this subdivision, and 28 (II) either accept such offers, or reserve or pay for such rentals; 29 and 30 (B) charges, collects or receives a fee from a customer or host for 31 the use of such a platform or for provision of any service in connection 32 with the rental of a short-term rental unit, or space in a short-term 33 rental unit, a type of a hotel as defined in paragraph one of this 34 subdivision. For the purposes of this section, "customer" means an 35 individual or organization that purchases a stay at a short-term rental. 36 (ii) A booking service shall not include a person or entity who facil- 37 itates bookings of hotel rooms solely on behalf of affiliated persons or 38 entities, including franchisees, operating under a shared hotel brand. 39 (iii) A booking service shall not include a person or entity who 40 facilitates bookings of hotel rooms and does not collect and retain the 41 rent paid for such occupancy, as defined by paragraph six of this subdi- 42 vision. 43 § 3. Subdivision (e) of section 1105 of the tax law is amended by 44 adding a new paragraph 3 to read as follows: 45 (3) The rent for every occupancy of a room or rooms in a short-term 46 rental unit, or space in a short-term rental unit, a type of a hotel 47 offered for rent through a booking service, as defined in paragraph ten 48 of subdivision (c) of section eleven hundred one of this article, 49 regardless of whether it is furnished, limited to a single family occu- 50 pancy, or provides housekeeping, food, or other common hotel services, 51 including, but not limited to, entertainment or planned activities. 52 § 4. Subdivision 1 of section 1131 of the tax law, as amended by 53 section 2 of part G of chapter 59 of the laws of 2019, is amended to 54 read as follows: 55 (1) "Persons required to collect tax" or "person required to collect 56 any tax imposed by this article" shall include: every vendor of tangibleA. 8809--A 18 1 personal property or services; every recipient of amusement charges; 2 every operator of a hotel; [and] every marketplace provider with respect 3 to sales of tangible personal property it facilitates as described in 4 paragraph one of subdivision (e) of section eleven hundred one of this 5 article; and booking services unless relieved of such obligation pursu- 6 ant to paragraph three of subdivision (m) of section eleven hundred 7 thirty-two of this part. Said terms shall also include any officer, 8 director or employee of a corporation or of a dissolved corporation, any 9 employee of a partnership, any employee or manager of a limited liabil- 10 ity company, or any employee of an individual proprietorship who as such 11 officer, director, employee or manager is under a duty to act for such 12 corporation, partnership, limited liability company or individual 13 proprietorship in complying with any requirement of this article, or has 14 so acted; and any member of a partnership or limited liability company. 15 Provided, however, that any person who is a vendor solely by reason of 16 clause (D) or (E) of subparagraph (i) of paragraph (8) of subdivision 17 (b) of section eleven hundred one of this article shall not be a "person 18 required to collect any tax imposed by this article" until twenty days 19 after the date by which such person is required to file a certificate of 20 registration pursuant to section eleven hundred thirty-four of this 21 part. 22 § 5. Section 1132 of the tax law is amended by adding a new subdivi- 23 sion (m) to read as follows: 24 (m) (1) A booking service shall be required to (i) collect from the 25 occupants the applicable taxes arising from such occupancies; (ii) 26 comply with all the provisions of this article and article twenty-nine 27 of this chapter and any regulations adopted pursuant thereto; (iii) 28 register to collect tax under section eleven hundred thirty-four of this 29 part; and (iv) retain records and information as required by the commis- 30 sioner and cooperate with the commissioner to ensure the proper 31 collection and remittance of tax imposed, collected, or required to be 32 collected under this article and article twenty-nine of this chapter. 33 (2) In carrying out the obligations imposed under this section, a 34 booking service shall have all the duties, benefits, and entitlements of 35 a person required to collect tax under this article and article twenty- 36 nine of this chapter with respect to the occupancies giving rise to the 37 tax obligation, including the right to accept a certificate or other 38 documentation from an occupant substantiating an exemption or exclusion 39 from tax, as if such booking service were the operator of the hotel with 40 respect to such occupancy, including the right to receive the refund 41 authorized by subdivision (e) of this section and the credit allowed by 42 subdivision (f) of section eleven hundred thirty-seven of this part. 43 (3) An operator of a hotel is not a person required to collect tax for 44 purposes of this part with respect to taxes imposed upon occupancies of 45 hotels if: 46 (i) the operator of the hotel can show that the occupancy was facili- 47 tated by a booking service who is registered to collect tax pursuant to 48 section eleven hundred thirty-four of this part; and 49 (ii) the operator of the hotel accepted from the booking service a 50 properly completed certificate of collection in a form prescribed by the 51 commissioner certifying that the booking service has agreed to assume 52 the tax collection and filing responsibilities of the operator of the 53 hotel; and 54 (iii) any failure of the booking service to collect the proper amount 55 of tax with respect to such occupancy was not the result of the operatorA. 8809--A 19 1 of the hotel providing incorrect information to the booking service, 2 whether intentional or unintentional. 3 This provision shall be administered in a manner consistent with 4 subparagraph (i) of paragraph one of subdivision (c) of this section as 5 if a certificate of collection were a resale or exemption certificate 6 for purposes of such subparagraph, including with regard to the 7 completeness of such certificate of collection and the timing of its 8 acceptance by the operator of the hotel; provided however, that with 9 regard to any occupancies sold by an operator of the hotel that are 10 facilitated by a booking service who is affiliated with such operator, 11 the operator shall be deemed liable as a person under a duty to act for 12 such booking service for purposes of subdivision one of section eleven 13 hundred thirty-one of this part. 14 (4) The commissioner may, in the commissioner's discretion develop 15 standard language, or approve language developed by a booking service, 16 in which the booking service obligates itself to collect the tax on 17 behalf of all the operators of hotels. 18 (5) In the event an operator of a hotel is a room remarketer, and all 19 other provisions of this subdivision are met such that a booking service 20 is obligated to collect tax, and does in fact collect tax as evidenced 21 by the books and records of such booking service, then the provisions of 22 subdivision (e) of section eleven hundred nineteen of this article shall 23 be applicable. 24 § 6. Paragraph 4 of subdivision (a) of section 1136 of the tax law, as 25 amended by section 5 of part G of chapter 59 of the laws of 2019, is 26 amended to read as follows: 27 (4) The return of a vendor of tangible personal property or services 28 shall show such vendor's receipts from sales and the number of gallons 29 of any motor fuel or diesel motor fuel sold and also the aggregate value 30 of tangible personal property and services and number of gallons of such 31 fuels sold by the vendor, the use of which is subject to tax under this 32 article, and the amount of tax payable thereon pursuant to the 33 provisions of section eleven hundred thirty-seven of this part. The 34 return of a recipient of amusement charges shall show all such charges 35 and the amount of tax thereon, and the return of an operator required to 36 collect tax on rents shall show all rents received or charged and the 37 amount of tax thereon. The return of a marketplace seller shall exclude 38 the receipts from a sale of tangible personal property facilitated by a 39 marketplace provider if, in regard to such sale: (A) the marketplace 40 seller has timely received in good faith a properly completed certif- 41 icate of collection from the marketplace provider or the marketplace 42 provider has included a provision approved by the commissioner in the 43 publicly-available agreement between the marketplace provider and the 44 marketplace seller as described in subdivision one of section eleven 45 hundred thirty-two of this part, and (B) the information provided by the 46 marketplace seller to the marketplace provider about such tangible 47 personal property is accurate. The return of a short-term rental host 48 shall exclude the rent from occupancy of a short-term rental unit facil- 49 itated by a booking service if, in regard to such sale: (A) the short- 50 term rental host has timely received in good faith a properly completed 51 certificate of collection from the booking service or the booking 52 service has included a provision approved by the commissioner in the 53 publicly-available agreement between the booking service and the short- 54 term rental host as described in subdivision (m) of section eleven 55 hundred thirty-two of this part, and (B) the information provided by theA. 8809--A 20 1 short-term rental host to the booking service about such rent and such 2 occupancy is accurate. 3 § 7. Section 1142 of the tax law is amended by adding a new subdivi- 4 sion 16 to read as follows: 5 16. To publish a list on the department's website of booking services 6 whose certificates of authority have been revoked and, if necessary to 7 protect sales tax revenue, provide by regulation or otherwise that a 8 short-term rental unit operator will be relieved of the requirement to 9 register and the duty to collect tax on the rent for occupancy of a 10 short-term rental facilitated by a booking service provider only if, in 11 addition to the conditions prescribed by paragraph two of subdivision 12 (m) of section eleven hundred thirty-two and paragraph six of subdivi- 13 sion (a) of section eleven hundred thirty-four of this part being met, 14 such booking service is not on such list at the commencement of the 15 quarterly period covered thereby. 16 § 8. Subpart A of part 1 of article 29 of the tax law is amended by 17 adding a new section 1200 to read as follows: 18 § 1200. Definition. For the purposes of this article "hotel" shall 19 mean a building or portion of such building which is regularly used and 20 kept open as such for the lodging of guests, including: (a) an apartment 21 hotel, (b) a motel, (c) a boarding house or club, whether or not meals 22 are served, and (d) short-term residential rental units as defined in 23 subdivision one of section four hundred forty-seven-a of the real prop- 24 erty law. 25 § 9. Notwithstanding any other provisions of law to the contrary, a 26 county, city, town, or village government may enact a local law prohib- 27 iting or further limiting the listing or use of dwelling units, or 28 portions thereof, as short-term residential rental units. 29 § 10. Severability. If any provision of this act, or any application 30 of any provision of this act, is held to be invalid, that shall not 31 affect the validity or effectiveness of any other provision of this act, 32 or of any other application of any provision of this act, which can be 33 given effect without that provision or application; and to that end, the 34 provisions and applications of this act are severable. 35 § 11. This act shall take effect on the one hundred twentieth day 36 after it shall have become a law. 37 PART L 38 Section 1. Subdivision (a) of section 493 of the tax law, as added by 39 chapter 92 of the laws of 2021, is amended to read as follows: 40 (a) There is hereby imposed a tax on adult-use cannabis products sold 41 by a distributor to a person who sells adult-use cannabis products at 42 retail at the [following rates:43(1) cannabis flower at the rate of five-tenths of one cent per milli-44gram of the amount of total THC, as reflected on the product label;45(2) concentrated cannabis at the rate of eight-tenths of one cent per46milligram of the amount of total THC, as reflected on the product label;47and48(3) cannabis edible product at the rate of three cents per milligram49of the amount of total THC, as reflected on the product label. This tax50shall accrue at the time of such sale or transfer. Where] rate of seven 51 percent of the amount charged for the sale or transfer of such adult-use 52 cannabis products to such retailer; provided that where a person who 53 distributes adult-use cannabis is licensed under the cannabis law as a 54 microbusiness or registered organization and such person sells adult-useA. 8809--A 21 1 cannabis products at retail, such person shall be liable for the tax, 2 [and] such tax shall accrue at the time of the retail sale, and the 3 amount subject to the tax imposed by this subdivision shall be seventy- 4 five percent of the amount charged by such person for the sale or trans- 5 fer of such products to a retail customer. 6 § 2. Subdivision (a) of section 496-b of the tax law, as added by 7 chapter 92 of the laws of 2021, is amended to read as follows: 8 (a) The provisions of part four of article [twenty-seven] twenty-eight 9 of this chapter shall apply to the taxes imposed by section four hundred 10 ninety-three of this article in the same manner and with the same force 11 and effect as if the language of such article had been incorporated in 12 full into this section and had expressly referred to the tax imposed by 13 this article, except to the extent that any provision of such article is 14 either inconsistent with a provision of this article or is not relevant 15 to this article. 16 § 3. This act shall take effect immediately; provided, however, that 17 section one of this act shall apply to sales of adult-use cannabis 18 products on or after June 1, 2024, and section two of this act shall 19 apply to sales of adult-use cannabis products on or after December 1, 20 2024. 21 PART M 22 Intentionally Omitted 23 PART N 24 Intentionally Omitted 25 PART O 26 Section 1. Subdivision 2 of section 509-a of the racing, pari-mutuel 27 wagering and breeding law, as amended by section 1 of part OO of chapter 28 56 of the laws of 2023, is amended to read as follows: 29 2. a. Notwithstanding any other provision of law or regulation to the 30 contrary, from April nineteenth, two thousand twenty-one to March thir- 31 ty-first, two thousand twenty-two, twenty-three percent of the funds, 32 not to exceed two and one-half million dollars, in the Catskill off- 33 track betting corporation's capital acquisition fund and twenty-three 34 percent of the funds, not to exceed four hundred forty thousand dollars, 35 in the Capital off-track betting corporation's capital acquisition fund 36 established pursuant to this section shall also be available to such 37 off-track betting corporation for the purposes of statutory obligations, 38 payroll, and expenditures necessary to accept authorized wagers. 39 b. Notwithstanding any other provision of law or regulation to the 40 contrary, from April first, two thousand twenty-two to March thirty- 41 first, two thousand twenty-three, twenty-three percent of the funds, not 42 to exceed two and one-half million dollars, in the Catskill off-track 43 betting corporation's capital acquisition fund established pursuant to 44 this section, and twenty-three percent of the funds, not to exceed four 45 hundred forty thousand dollars, in the Capital off-track betting corpo- 46 ration's capital acquisition fund established pursuant to this section, 47 shall be available to such off-track betting corporations for theA. 8809--A 22 1 purposes of statutory obligations, payroll, and expenditures necessary 2 to accept authorized wagers. 3 c. Notwithstanding any other provision of law or regulation to the 4 contrary, from April first, two thousand twenty-three to March thirty- 5 first, two thousand twenty-four, twenty-three percent of the funds, not 6 to exceed two and one-half million dollars, in the Catskill off-track 7 betting corporation's capital acquisition fund established pursuant to 8 this section, and one million dollars in the Capital off-track betting 9 corporation's capital acquisition fund established pursuant to this 10 section, shall be available to such off-track betting corporation for 11 the purposes of expenditures necessary to accept authorized wagers; past 12 due statutory obligations to New York licensed or franchised racing 13 corporations or associations; past due contractual obligations due to 14 other racing associations or organizations for the costs of acquiring a 15 simulcast signal; past due statutory payment obligations due to the New 16 York state thoroughbred breeding and development fund corporation, agri- 17 culture and New York state horse breeding development fund, and the 18 Harry M. Zweig memorial fund for equine research; and past due obli- 19 gations due the state. 20 d. Notwithstanding any other provision of law or regulation to the 21 contrary, from April first, two thousand twenty-four to March thirty- 22 first, two thousand twenty-five, three and one-half million dollars in 23 the Catskill off-track betting corporation's capital acquisition fund 24 established pursuant to this section, and one million dollars in the 25 Capital off-track betting corporation's capital acquisition fund estab- 26 lished pursuant to this section, shall be available to such off-track 27 betting corporation for the purposes of expenditures necessary to accept 28 authorized wagers; past due statutory obligations to New York licensed 29 or franchised racing corporations or associations; past due contractual 30 obligations due to other racing associations or organizations for the 31 costs of acquiring a simulcast signal; past due statutory payment obli- 32 gations due to the New York state thoroughbred breeding and development 33 fund corporation, agriculture and New York state horse breeding develop- 34 ment fund, and the Harry M. Zweig memorial fund for equine research; 35 past due statutory payment obligations from surcharge monies pursuant to 36 section five hundred thirty-two of this chapter; and past due obli- 37 gations due the state. 38 e. (i) Prior to a corporation being able to utilize the funds author- 39 ized by paragraph c or d of this subdivision, the corporation must 40 attest that [the] future surcharge monies from section five hundred 41 thirty-two of this chapter [are being] shall be held separate and apart 42 from any amounts otherwise authorized to be retained from pari-mutuel 43 pools and all surcharge monies [have been and] will continue to be paid 44 to the localities as prescribed in law. 45 (ii) Once [this condition is] the conditions outlined in subparagraph 46 (i) of this paragraph are satisfied, the corporation must submit an 47 expenditure plan to the gaming commission for review. Such plan shall 48 include the corporation's outstanding liabilities, projected revenue for 49 the upcoming year, a detailed explanation of how the funds will be used, 50 and any other information necessary to detail such plan as determined by 51 the commission. [Upon review,] 52 (iii) Within thirty days of the corporation's expenditure plan 53 submission to the commission, the commission shall review and either (1) 54 make a determination as to whether the requirements of subparagraphs (i) 55 and (ii) of this paragraph have been satisfied and notify the corpo- 56 ration of expenditure plan approval[. In], or (2) in the event theA. 8809--A 23 1 commission determines the requirements of subparagraphs (i) and (ii) of 2 this paragraph have not been satisfied, the commission shall notify the 3 corporation of all deficiencies necessary for approval. [As a condition4of such expenditure plan approval,] 5 (iv) No later than the last day of the calendar year for which the 6 funds are requested, the corporation shall provide a report to the 7 commission [no later than October first, two thousand twenty-three,] 8 which shall include an accounting of the use of such funds. At such 9 time, the commission may cause an independent audit to be conducted of 10 the corporation's books to ensure that all moneys were spent as indi- 11 cated in such approved plan. The audit shall be paid for from money in 12 the fund established by this section. If the audit determines that a 13 corporation used the money authorized under this section for a purpose 14 other than one listed in their expenditure plan, then the corporation 15 shall reimburse the capital acquisition fund for the unauthorized 16 amount. 17 § 2. This act shall take effect immediately. 18 PART P 19 Section 1. Paragraph (a) of subdivision 1 of section 1003 of the 20 racing, pari-mutuel wagering and breeding law, as amended by section 1 21 of part BB of chapter 59 of the laws of 2023, is amended to read as 22 follows: 23 (a) Any racing association or corporation or regional off-track 24 betting corporation, authorized to conduct pari-mutuel wagering under 25 this chapter, desiring to display the simulcast of horse races on which 26 pari-mutuel betting shall be permitted in the manner and subject to the 27 conditions provided for in this article may apply to the commission for 28 a license so to do. Applications for licenses shall be in such form as 29 may be prescribed by the commission and shall contain such information 30 or other material or evidence as the commission may require. No license 31 shall be issued by the commission authorizing the simulcast transmission 32 of thoroughbred races from a track located in Suffolk county. The fee 33 for such licenses shall be five hundred dollars per simulcast facility 34 and for account wagering licensees that do not operate either a simul- 35 cast facility that is open to the public within the state of New York or 36 a licensed racetrack within the state, twenty thousand dollars per year 37 payable by the licensee to the commission for deposit into the general 38 fund. Except as provided in this section, the commission shall not 39 approve any application to conduct simulcasting into individual or group 40 residences, homes or other areas for the purposes of or in connection 41 with pari-mutuel wagering. The commission may approve simulcasting into 42 residences, homes or other areas to be conducted jointly by one or more 43 regional off-track betting corporations and one or more of the follow- 44 ing: a franchised corporation, thoroughbred racing corporation or a 45 harness racing corporation or association; provided (i) the simulcasting 46 consists only of those races on which pari-mutuel betting is authorized 47 by this chapter at one or more simulcast facilities for each of the 48 contracting off-track betting corporations which shall include wagers 49 made in accordance with section one thousand fifteen, one thousand 50 sixteen and one thousand seventeen of this article; provided further 51 that the contract provisions or other simulcast arrangements for such 52 simulcast facility shall be no less favorable than those in effect on 53 January first, two thousand five; (ii) that each off-track betting 54 corporation having within its geographic boundaries such residences,A. 8809--A 24 1 homes or other areas technically capable of receiving the simulcast 2 signal shall be a contracting party; (iii) the distribution of revenues 3 shall be subject to contractual agreement of the parties except that 4 statutory payments to non-contracting parties, if any, may not be 5 reduced; provided, however, that nothing herein to the contrary shall 6 prevent a track from televising its races on an irregular basis primari- 7 ly for promotional or marketing purposes as found by the commission. For 8 purposes of this paragraph, the provisions of section one thousand thir- 9 teen of this article shall not apply. Any agreement authorizing an 10 in-home simulcasting experiment commencing prior to May fifteenth, nine- 11 teen hundred ninety-five, may, and all its terms, be extended until June 12 thirtieth, two thousand [twenty-four] twenty-five; provided, however, 13 that any party to such agreement may elect to terminate such agreement 14 upon conveying written notice to all other parties of such agreement at 15 least forty-five days prior to the effective date of the termination, 16 via registered mail. Any party to an agreement receiving such notice of 17 an intent to terminate, may request the commission to mediate between 18 the parties new terms and conditions in a replacement agreement between 19 the parties as will permit continuation of an in-home experiment until 20 June thirtieth, two thousand [twenty-four] twenty-five; and (iv) no 21 in-home simulcasting in the thoroughbred special betting district shall 22 occur without the approval of the regional thoroughbred track. 23 § 2. Subparagraph (iii) of paragraph d of subdivision 3 of section 24 1007 of the racing, pari-mutuel wagering and breeding law, as amended by 25 section 2 of part BB of chapter 59 of the laws of 2023, is amended to 26 read as follows: 27 (iii) Of the sums retained by a receiving track located in Westchester 28 county on races received from a franchised corporation, for the period 29 commencing January first, two thousand eight and continuing through June 30 thirtieth, two thousand [twenty-four] twenty-five, the amount used 31 exclusively for purses to be awarded at races conducted by such receiv- 32 ing track shall be computed as follows: of the sums so retained, two and 33 one-half percent of the total pools. Such amount shall be increased or 34 decreased in the amount of fifty percent of the difference in total 35 commissions determined by comparing the total commissions available 36 after July twenty-first, nineteen hundred ninety-five to the total 37 commissions that would have been available to such track prior to July 38 twenty-first, nineteen hundred ninety-five. 39 § 3. The opening paragraph of subdivision 1 of section 1014 of the 40 racing, pari-mutuel wagering and breeding law, as amended by section 3 41 of part BB of chapter 59 of the laws of 2023, is amended to read as 42 follows: 43 The provisions of this section shall govern the simulcasting of races 44 conducted at thoroughbred tracks located in another state or country on 45 any day during which a franchised corporation is conducting a race meet- 46 ing in Saratoga county at Saratoga thoroughbred racetrack until June 47 thirtieth, two thousand [twenty-four] twenty-five and on any day regard- 48 less of whether or not a franchised corporation is conducting a race 49 meeting in Saratoga county at Saratoga thoroughbred racetrack after June 50 thirtieth, two thousand [twenty-four] twenty-five. On any day on which a 51 franchised corporation has not scheduled a racing program but a 52 thoroughbred racing corporation located within the state is conducting 53 racing, each off-track betting corporation branch office and each simul- 54 casting facility licensed in accordance with section one thousand seven 55 (that has entered into a written agreement with such facility's repre- 56 sentative horsemen's organization, as approved by the commission), oneA. 8809--A 25 1 thousand eight, or one thousand nine of this article shall be authorized 2 to accept wagers and display the live simulcast signal from thoroughbred 3 tracks located in another state or foreign country subject to the 4 following provisions: 5 § 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering 6 and breeding law, as amended by section 4 of part BB of chapter 59 of 7 the laws of 2023, is amended to read as follows: 8 1. The provisions of this section shall govern the simulcasting of 9 races conducted at harness tracks located in another state or country 10 during the period July first, nineteen hundred ninety-four through June 11 thirtieth, two thousand [twenty-four] twenty-five. This section shall 12 supersede all inconsistent provisions of this chapter. 13 § 5. The opening paragraph of subdivision 1 of section 1016 of the 14 racing, pari-mutuel wagering and breeding law, as amended by section 5 15 of part BB of chapter 59 of the laws of 2023, is amended to read as 16 follows: 17 The provisions of this section shall govern the simulcasting of races 18 conducted at thoroughbred tracks located in another state or country on 19 any day during which a franchised corporation is not conducting a race 20 meeting in Saratoga county at Saratoga thoroughbred racetrack until June 21 thirtieth, two thousand [twenty-four] twenty-five. Every off-track 22 betting corporation branch office and every simulcasting facility 23 licensed in accordance with section one thousand seven that have entered 24 into a written agreement with such facility's representative horsemen's 25 organization as approved by the commission, one thousand eight or one 26 thousand nine of this article shall be authorized to accept wagers and 27 display the live full-card simulcast signal of thoroughbred tracks 28 (which may include quarter horse or mixed meetings provided that all 29 such wagering on such races shall be construed to be thoroughbred races) 30 located in another state or foreign country, subject to the following 31 provisions; provided, however, no such written agreement shall be 32 required of a franchised corporation licensed in accordance with section 33 one thousand seven of this article: 34 § 6. The opening paragraph of section 1018 of the racing, pari-mutuel 35 wagering and breeding law, as amended by section 6 of part BB of chapter 36 59 of the laws of 2023, is amended to read as follows: 37 Notwithstanding any other provision of this chapter, for the period 38 July twenty-fifth, two thousand one through September eighth, two thou- 39 sand [twenty-three] twenty-four, when a franchised corporation is 40 conducting a race meeting within the state at Saratoga Race Course, 41 every off-track betting corporation branch office and every simulcasting 42 facility licensed in accordance with section one thousand seven (that 43 has entered into a written agreement with such facility's representative 44 horsemen's organization as approved by the commission), one thousand 45 eight or one thousand nine of this article shall be authorized to accept 46 wagers and display the live simulcast signal from thoroughbred tracks 47 located in another state, provided that such facility shall accept 48 wagers on races run at all in-state thoroughbred tracks which are 49 conducting racing programs subject to the following provisions; 50 provided, however, no such written agreement shall be required of a 51 franchised corporation licensed in accordance with section one thousand 52 seven of this article. 53 § 7. Section 32 of chapter 281 of the laws of 1994, amending the 54 racing, pari-mutuel wagering and breeding law and other laws relating to 55 simulcasting, as amended by section 7 of part BB of chapter 59 of the 56 laws of 2023, is amended to read as follows:A. 8809--A 26 1 § 32. This act shall take effect immediately and the pari-mutuel tax 2 reductions in section six of this act shall expire and be deemed 3 repealed on July 1, [2024] 2025; provided, however, that nothing 4 contained herein shall be deemed to affect the application, qualifica- 5 tion, expiration, or repeal of any provision of law amended by any 6 section of this act, and such provisions shall be applied or qualified 7 or shall expire or be deemed repealed in the same manner, to the same 8 extent and on the same date as the case may be as otherwise provided by 9 law; provided further, however, that sections twenty-three and twenty- 10 five of this act shall remain in full force and effect only until May 1, 11 1997 and at such time shall be deemed to be repealed. 12 § 8. Section 54 of chapter 346 of the laws of 1990, amending the 13 racing, pari-mutuel wagering and breeding law and other laws relating to 14 simulcasting and the imposition of certain taxes, as amended by section 15 8 of part BB of chapter 59 of the laws of 2023, is amended to read as 16 follows: 17 § 54. This act shall take effect immediately; provided, however, 18 sections three through twelve of this act shall take effect on January 19 1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed- 20 ing law, as added by section thirty-eight of this act, shall expire and 21 be deemed repealed on July 1, [2024] 2025; and section eighteen of this 22 act shall take effect on July 1, 2008 and sections fifty-one and fifty- 23 two of this act shall take effect as of the same date as chapter 772 of 24 the laws of 1989 took effect. 25 § 9. Paragraph (a) of subdivision 1 of section 238 of the racing, 26 pari-mutuel wagering and breeding law, as amended by section 9 of part 27 BB of chapter 59 of the laws of 2023, is amended to read as follows: 28 (a) The franchised corporation authorized under this chapter to 29 conduct pari-mutuel betting at a race meeting or races run thereat shall 30 distribute all sums deposited in any pari-mutuel pool to the holders of 31 winning tickets therein, provided such tickets are presented for payment 32 before April first of the year following the year of their purchase, 33 less an amount that shall be established and retained by such franchised 34 corporation of between twelve to seventeen percent of the total deposits 35 in pools resulting from on-track regular bets, and fourteen to twenty- 36 one percent of the total deposits in pools resulting from on-track 37 multiple bets and fifteen to twenty-five percent of the total deposits 38 in pools resulting from on-track exotic bets and fifteen to thirty-six 39 percent of the total deposits in pools resulting from on-track super 40 exotic bets, plus the breaks. The retention rate to be established is 41 subject to the prior approval of the commission. 42 Such rate may not be changed more than once per calendar quarter to be 43 effective on the first day of the calendar quarter. "Exotic bets" and 44 "multiple bets" shall have the meanings set forth in section five 45 hundred nineteen of this chapter. "Super exotic bets" shall have the 46 meaning set forth in section three hundred one of this chapter. For 47 purposes of this section, a "pick six bet" shall mean a single bet or 48 wager on the outcomes of six races. The breaks are hereby defined as the 49 odd cents over any multiple of five for payoffs greater than one dollar 50 five cents but less than five dollars, over any multiple of ten for 51 payoffs greater than five dollars but less than twenty-five dollars, 52 over any multiple of twenty-five for payoffs greater than twenty-five 53 dollars but less than two hundred fifty dollars, or over any multiple of 54 fifty for payoffs over two hundred fifty dollars. Out of the amount so 55 retained there shall be paid by such franchised corporation to the 56 commissioner of taxation and finance, as a reasonable tax by the stateA. 8809--A 27 1 for the privilege of conducting pari-mutuel betting on the races run at 2 the race meetings held by such franchised corporation, the following 3 percentages of the total pool for regular and multiple bets five percent 4 of regular bets and four percent of multiple bets plus twenty percent of 5 the breaks; for exotic wagers seven and one-half percent plus twenty 6 percent of the breaks, and for super exotic bets seven and one-half 7 percent plus fifty percent of the breaks. 8 For the period April first, two thousand one through December thirty- 9 first, two thousand [twenty-four] twenty-five, such tax on all wagers 10 shall be one and six-tenths percent, plus, in each such period, twenty 11 percent of the breaks. Payment to the New York state thoroughbred breed- 12 ing and development fund by such franchised corporation shall be one- 13 half of one percent of total daily on-track pari-mutuel pools resulting 14 from regular, multiple and exotic bets and three percent of super exotic 15 bets and for the period April first, two thousand one through December 16 thirty-first, two thousand [twenty-four] twenty-five, such payment shall 17 be seven-tenths of one percent of regular, multiple and exotic pools. 18 § 10. This act shall take effect immediately. 19 PART Q 20 Section 1. Paragraph (a) of subdivision 9 of section 208 of the 21 racing, pari-mutuel wagering and breeding law, as amended by section 2 22 of part QQ of chapter 59 of the laws of 2022, is amended to read as 23 follows: 24 (a) The franchised corporation shall maintain a separate account for 25 all funds held on deposit in trust by the corporation for individual 26 horsemen's accounts. Purse funds shall be paid by the corporation as 27 required to meet its purse payment obligations. Funds held in horsemen's 28 accounts shall only be released or applied as requested and directed by 29 the individual horseman. Through calendar year [two thousand twenty-30five] two thousand twenty-seven the New York Jockey Injury Compensation 31 Fund, Inc. may use up to two million dollars from the account estab- 32 lished pursuant to this subdivision to pay the annual costs required by 33 section two hundred twenty-one of this article. 34 § 2. The opening paragraph of subdivision 7 of section 221 of the 35 racing, pari-mutuel wagering and breeding law, as amended by section 1 36 of part QQ of chapter 59 of the laws of 2022, is amended to read as 37 follows: 38 In order to pay the costs of the insurance required by this section 39 and by the workers' compensation law and to carry out its other powers 40 and duties and to pay for any of its liabilities under section four- 41 teen-a of the workers' compensation law, the New York Jockey Injury 42 Compensation Fund, Inc. shall ascertain the total funding necessary and 43 establish the sums that are to be paid by all owners and trainers 44 licensed or required to be licensed under section two hundred twenty of 45 this article, to obtain the total funding amount required annually. In 46 order to provide that any sum required to be paid by an owner or trainer 47 is equitable, the fund shall establish payment schedules that reflect 48 such factors as are appropriate, including where applicable, the 49 geographic location of the racing corporation at which the owner or 50 trainer participates, the duration of such participation, the amount of 51 any purse earnings, the number of horses involved, or such other factors 52 as the fund shall determine to be fair, equitable and in the best inter- 53 ests of racing. In no event shall the amount deducted from an owner's 54 share of purses exceed two percent; provided, however, through calendarA. 8809--A 28 1 year [two thousand twenty-five] two thousand twenty-seven, the New York 2 Jockey Injury Compensation Fund, Inc. may use up to two million dollars 3 from the account established pursuant to subdivision nine of section two 4 hundred eight of this article to pay the annual costs required by this 5 section and the funds from such account shall not count against the two 6 percent of purses deducted from an owner's share of purses. The amount 7 deducted from an owner's share of purses shall not exceed one percent 8 after April first, [two thousand twenty-four] two thousand twenty-seven. 9 In the cases of multiple ownerships and limited racing appearances, the 10 fund shall equitably adjust the sum required. 11 § 3. The opening paragraph of subdivision 2 of section 228 of the 12 racing, pari-mutuel wagering and breeding law, as amended by chapter 198 13 of the laws of 2023, is amended to read as follows: 14 The commission shall, as a condition of racing, require any franchised 15 corporation and every other corporation subject to its jurisdiction to 16 withhold one percent of all purses, except that for the franchised 17 corporation, starting on September first, two thousand seven and contin- 18 uing through August thirty-first, [two thousand twenty-four] two thou- 19 sand twenty-seven, two percent of all purses shall be withheld, and, in 20 the case of the franchised corporation, to pay such sum to the 21 horsemen's organization or its successor that was first entitled to 22 receive payments pursuant to this section in accordance with rules of 23 the commission adopted effective November third, nineteen hundred eight- 24 y-three representing at least fifty-one percent of the owners and train- 25 ers using the facilities of such franchised corporation, on the condi- 26 tion that such horsemen's organization shall expend as much as is 27 necessary, but not to exceed one-half of one percent of such total sum, 28 to acquire and maintain the equipment required to establish a program at 29 a state college within this state with an approved equine science 30 program to test for the presence of steroids in horses, provided further 31 that the qualified organization shall also, in an amount to be deter- 32 mined by its board of directors, annually include in its expenditures 33 for benevolence programs, funds to support an organization providing 34 services necessary to backstretch employees, and, in the case of every 35 other corporation, to pay such one percent sum of purses to the 36 horsemen's organization or its successor that was first entitled to 37 receive payments pursuant to this section in accordance with rules of 38 the commission adopted effective May twenty-third, nineteen hundred 39 eighty-six representing at least fifty-one percent of the owners and 40 trainers using the facilities of such corporation. 41 § 4. This act shall take effect immediately. 42 PART R 43 Section 1. The racing, pari-mutuel wagering and breeding law is 44 amended by adding a new section 902-a to read as follows: 45 § 902-a. Equine screening and advanced imaging expenses. 1. In order 46 to assure the public's confidence and continue the high degree of integ- 47 rity in racing at the pari-mutuel betting tracks, clinical services 48 related to screening and advanced imaging shall be conducted by a land 49 grant university within this state at a location proximate to a race- 50 track owned by the state. 51 2. Notwithstanding any inconsistent provision of law, the land grant 52 university's costs of (a) obtaining the necessary equipment shall be 53 off-set by a one-time grant of two million dollars made by the fran- 54 chised corporation to the applicable land grant university; and (b)A. 8809--A 29 1 operating such preventive screening and advanced imaging services shall 2 be off-set by an assessment collected by the commission pursuant to 3 subdivision seven of section one thousand twelve-a of this chapter, and 4 distributed by the commission to such land grant university. The commis- 5 sion shall determine the distribution schedule of such assessments to 6 the land grant university outlined in paragraph (b) of this subdivision, 7 provided that such distributions occur in a reasonable amount of time 8 subsequent to the commission collecting such assessments. 9 3. In consideration of the state and industry support provided for the 10 screening and advanced imaging services to the land grant university: 11 (a) the clinical services shall be provided for the benefit of New York 12 horsemen at reasonable costs; and (b) any data or educational material 13 generated from such program shall be shared with the commission and any 14 entity licensed or franchised pursuant to article one or two of this 15 chapter. 16 § 2. Subdivision 6 of section 1012-a of the racing, pari-mutuel wager- 17 ing and breeding law, as amended by chapter 243 of the laws of 2020, is 18 amended and a new subdivision 7 is added to read as follows: 19 6. multi-jurisdictional account wagering providers shall pay a market 20 origin fee equal to five percent on each wager accepted from New York 21 residents. Multi-jurisdictional account wagering providers shall make 22 the required payments to the market origin account on or before the 23 fifth business day of each month and such required payments shall cover 24 payments due for the period of the preceding calendar month; provided, 25 however, that such payments required to be made on April fifteenth shall 26 be accompanied by a report under oath, showing the total of all such 27 payments, together with such other information as the commission may 28 require. A penalty of five percent and interest at the rate of one 29 percent per month from the date the report is required to be filed to 30 the date the payment shall be payable in case any payments required by 31 this subdivision are not paid when due. If the commission determines 32 that any moneys received under this subdivision were paid in error, the 33 commission may cause the same to be refunded without interest out of any 34 moneys collected thereunder, provided an application therefor is filed 35 with the commission within one year from the time the erroneous payment 36 was made. The commission shall pay into the racing regulation account, 37 under the joint custody of the comptroller and the commission, the total 38 amount of the fee collected pursuant to this section[.]; and 39 7. any multi-jurisdictional account wagering providers that are not 40 controlled by an entity otherwise licensed or franchised in this state 41 to conduct pari-mutuel wagering pursuant to article two or three of this 42 chapter through which New York residents have wagered an aggregate 43 amount of at least fifteen million dollars in every month of calendar 44 year two thousand twenty-three shall pay an additional assessment of 45 0.03% not to exceed one million dollars in calendar year two thousand 46 twenty-four, and 0.05% not to exceed one million seven hundred fifty 47 thousand dollars in calendar years two thousand twenty-five through two 48 thousand twenty-nine, which shall be distributed pursuant to section 49 nine hundred two-a of this chapter. This assessment shall continue only 50 as long as necessary to fund the operations of the screening and 51 advanced imaging clinical services described in such section. 52 § 3. Subdivision 8 of section 212 of the racing, pari-mutuel wagering 53 and breeding law is amended by adding a new paragraph c to read as 54 follows: 55 c. Notwithstanding any other provision of this article, the franchised 56 corporation shall be entitled to make a grant for the purposes of orA. 8809--A 30 1 otherwise make capital expenditures to purchase screening and advanced 2 imaging equipment consistent with section nine hundred two of this chap- 3 ter. 4 § 4. This act shall take effect immediately and shall be in full force 5 and effect as of April 1, 2024; provided, however, that sections one and 6 two of this act shall expire on March 31, 2029. 7 PART S 8 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 9 section 210 of the tax law, as amended by section 1 of subpart A of part 10 I of chapter 59 of the laws of 2023, is amended to read as follows: 11 For taxable years beginning before January first, two thousand 12 sixteen, the amount prescribed by this paragraph shall be computed at 13 the rate of seven and one-tenth percent of the taxpayer's business 14 income base. For taxable years beginning on or after January first, two 15 thousand sixteen, the amount prescribed by this paragraph shall be six 16 and one-half percent of the taxpayer's business income base. For taxable 17 years beginning on or after January first, two thousand twenty-one and 18 before January first, two thousand [twenty-seven] twenty-four for any 19 taxpayer with a business income base for the taxable year of more than 20 five million dollars, the amount prescribed by this paragraph shall be 21 seven and one-quarter percent of the taxpayer's business income base. 22 For taxable years beginning on or after January first, two thousand 23 twenty-four and before January first, two thousand twenty-seven for any 24 taxpayer with a business income base for the taxable year of more than 25 five million dollars, the amount prescribed by this paragraph shall be 26 nine percent of the taxpayer's business income. The taxpayer's business 27 income base shall mean the portion of the taxpayer's business income 28 apportioned within the state as hereinafter provided. However, in the 29 case of a small business taxpayer, as defined in paragraph (f) of this 30 subdivision, the amount prescribed by this paragraph shall be computed 31 pursuant to subparagraph (iv) of this paragraph and in the case of a 32 manufacturer, as defined in subparagraph (vi) of this paragraph, the 33 amount prescribed by this paragraph shall be computed pursuant to 34 subparagraph (vi) of this paragraph, and, in the case of a qualified 35 emerging technology company, as defined in subparagraph (vii) of this 36 paragraph, the amount prescribed by this paragraph shall be computed 37 pursuant to subparagraph (vii) of this paragraph. 38 § 2. This act shall take effect immediately and shall apply to taxable 39 years beginning on or after January 1, 2024. 40 PART T 41 Section 1. Clauses (vi) and (vii) of subparagraph (B) of paragraph 1 42 of subsection (a) of section 601 of the tax law, as amended by section 1 43 of subpart A of part A of chapter 59 of the laws of 2022, are amended to 44 read as follows: 45 (vi) For taxable years beginning in two thousand twenty-three [and46before two thousand twenty-eight] the following rates shall apply: 47 If the New York taxable income is: The tax is: 48 Not over $17,150 4% of the New York taxable income 49 Over $17,150 but not over $23,600 $686 plus 4.5% of excess over 50 $17,150 51 Over $23,600 but not over $27,900 $976 plus 5.25% of excess overA. 8809--A 31 1 $23,600 2 Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over 3 $27,900 4 Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over 5 $161,550 6 Over $323,200 but not over $18,252 plus 6.85% of excess over 7 $2,155,350 $323,200 8 Over $2,155,350 but not over $143,754 plus 9.65% of excess over 9 $5,000,000 $2,155,350 10 Over $5,000,000 but not over $418,263 plus 10.30% 11 $25,000,000 of excess over $5,000,000 12 Over $25,000,000 $2,478,263 plus 13 10.90% of excess over 14 $25,000,000 15 (vii) For taxable years beginning in two thousand twenty-four and 16 before two thousand twenty-eight the following rates shall apply: 17 If the New York taxable income is: The tax is: 18 Not over $17,150 4% of the New York taxable income 19 Over $17,150 but not over $23,600 $686 plus 4.5% of excess over 20 $17,150 21 Over $23,600 but not over $27,900 $976 plus 5.25% of excess over 22 $23,600 23 Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over 24 $27,900 25 Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over 26 $161,550 27 Over $323,200 but not over $2,155,350 $18,252 plus 6.85% of excess over 28 $323,200 29 Over $2,155,350 but not over $143,754 plus 9.65% of excess over 30 $5,000,000 $2,155,350 31 Over $5,000,000 but not over $418,263 plus 10.80% of excess over 32 $25,000,000 $5,000,000 33 Over $25,000,000 $2,578,663 plus 11.40% of excess 34 over $25,000,000 35 (viii) For taxable years beginning after two thousand twenty-seven the 36 following rates shall apply: 37 If the New York taxable income is: The tax is: 38 Not over $17,150 4% of the New York taxable income 39 Over $17,150 but not over $23,600 $686 plus 4.5% of excess over 40 $17,150 41 Over $23,600 but not over $27,900 $976 plus 5.25% of excess over 42 $23,600 43 Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over 44 $27,900 45 Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess 46 over $161,550 47 Over $323,200 but not over $18,252 plus 6.85% of excess 48 $2,155,350 over $323,200 49 Over $2,155,350 $143,754 plus 8.82% of excess 50 over $2,155,350 51 § 2. Clauses (vi) and (vii) of subparagraph (B) of paragraph 1 of 52 subsection (b) of section 601 of the tax law, as amended by section 2 ofA. 8809--A 32 1 subpart A of part A of chapter 59 of the laws of 2022, are amended to 2 read as follows: 3 (vi) For taxable years beginning in two thousand twenty-three [and4before two thousand twenty-eight] the following rates shall apply: 5 If the New York taxable income is: The tax is: 6 Not over $12,800 4% of the New York taxable income 7 Over $12,800 but not over $17,650 $512 plus 4.5% of excess over 8 $12,800 9 Over $17,650 but not over $20,900 $730 plus 5.25% of excess over 10 $17,650 11 Over $20,900 but not over $107,650 $901 plus 5.5% of excess over 12 $20,900 13 Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over 14 $107,650 15 Over $269,300 but not over $15,371 plus 6.85% of excess over 16 $1,616,450 $269,300 17 Over $1,616,450 but not over $107,651 plus 9.65% of excess over 18 $5,000,000 $1,616,450 19 Over $5,000,000 but not over $434,163 plus 10.30% 20 $25,000,000 of excess over $5,000,000 21 Over $25,000,000 $2,494,163 plus 22 10.90% of excess over 23 $25,000,000 24 (vii) For taxable years beginning in two thousand twenty-four and 25 before two thousand twenty-eight the following rates shall apply: 26 If the New York taxable income is: The tax is: 27 Not over $12,800 4% of the New York taxable income 28 Over $12,800 but not over $17,650 $512 plus 4.5% of excess over 29 $12,800 30 Over $17,650 but not over $20,900 $730 plus 5.25% of excess over 31 $17,650 32 Over $20,900 but not over $107,650 $901 plus 5.5% of excess over 33 $20,900 34 Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over 35 $107,650 36 Over $269,300 but not over $1,616,450 $15,371 plus 6.85% of excess 37 over $269,300 38 Over $1,616,450 but not over $107,651 plus 9.65% of excess 39 $5,000,000 over $1,616,450 40 Over $5,000,000 but not over $434,163 plus 10.80% of excess 41 $25,000,000 over $5,000,000 42 Over $25,000,000 $2,594,163 plus 11.40% of excess 43 over $25,000,000 44 (viii) For taxable years beginning after two thousand twenty-seven the 45 following rates shall apply: 46 If the New York taxable income is: The tax is: 47 Not over $12,800 4% of the New York taxable income 48 Over $12,800 but not over $512 plus 4.5% of excess over 49 $17,650 $12,800 50 Over $17,650 but not over $730 plus 5.25% of excess over 51 $20,900 $17,650 52 Over $20,900 but not over $901 plus 5.5% of excess over 53 $107,650 $20,900A. 8809--A 33 1 Over $107,650 but not over $5,672 plus 6.00% of excess 2 $269,300 over $107,650 3 Over $269,300 but not over $15,371 plus 6.85% of excess 4 $1,616,450 over $269,300 5 Over $1,616,450 $107,651 plus 8.82% of excess 6 over $1,616,450 7 § 3. Clauses (vi) and (vii) of subparagraph (B) of paragraph 1 of 8 subsection (c) of section 601 of the tax law, as amended by section 3 of 9 subpart A of part A of chapter 59 of the laws of 2022, are amended to 10 read as follows: 11 (vi) For taxable years beginning in two thousand twenty-three [and12before two thousand twenty-eight] the following rates shall apply: 13 If the New York taxable income is: The tax is: 14 Not over $8,500 4% of the New York taxable income 15 Over $8,500 but not over $11,700 $340 plus 4.5% of excess over 16 $8,500 17 Over $11,700 but not over $13,900 $484 plus 5.25% of excess over 18 $11,700 19 Over $13,900 but not over $80,650 $600 plus 5.50% of excess over 20 $13,900 21 Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over 22 $80,650 23 Over $215,400 but not over $12,356 plus 6.85% of excess over 24 $1,077,550 $215,400 25 Over $1,077,550 but not over $71,413 plus 9.65% of excess over 26 $5,000,000 $1,077,550 27 Over $5,000,000 but not over $449,929 plus 10.30% 28 $25,000,000 of excess over $5,000,000 29 Over $25,000,000 $2,509,929 plus 10.90% of excess 30 over $25,000,000 31 (vii) For taxable years beginning in two thousand twenty-four and 32 before two thousand twenty-eight the following rates shall apply: 33 If the New York taxable income is: The tax is: 34 Not over $8,500 4% of the New York taxable income 35 Over $8,500 but not over $11,700 $340 plus 4.5% of excess over 36 $8,500 37 Over $11,700 but not over $13,900 $484 plus 5.25% of excess over 38 $11,700 39 Over $13,900 but not over $80,650 $600 plus 5.50% of excess over 40 $13,900 41 Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over 42 $80,650 43 Over $215,400 but not over $1,077,550 $12,356 plus 6.85% of excess 44 over $215,400 45 Over $1,077,550 but not over $71,413 plus 9.65% of excess 46 $5,000,000 over $1,077,550 47 Over $5,000,000 but not over $449,929 plus 10.80% of excess 48 $25,000,000 over $5,000,000 49 Over $25,000,000 $2,609,929 plus 11.40% of excess 50 over $25,000,000 51 (viii) For taxable years beginning after two thousand twenty-seven the 52 following rates shall apply:A. 8809--A 34 1 If the New York taxable income is: The tax is: 2 Not over $8,500 4% of the New York taxable income 3 Over $8,500 but not over $11,700 $340 plus 4.5% of excess over 4 $8,500 5 Over $11,700 but not over $13,900 $484 plus 5.25% of excess over 6 $11,700 7 Over $13,900 but not over $80,650 $600 plus 5.50% of excess over 8 $13,900 9 Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess 10 over $80,650 11 Over $215,400 but not over $12,356 plus 6.85% of excess 12 $1,077,550 over $215,400 13 Over $1,077,550 $71,413 plus 8.82% of excess 14 over $1,077,550 15 § 4. Subsection (d-4) of section 601 of the tax law, as added by 16 section 3 of subpart B of part A of chapter 59 of the laws of 2022, is 17 amended and a new subsection (d-5) is added to read as follows: 18 (d-4) Alternative tax table benefit recapture. Notwithstanding the 19 provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for 20 taxable years beginning on or after two thousand twenty-three [and21before two thousand twenty-eight], there is hereby imposed a supple- 22 mental tax in addition to the tax imposed under subsections (a), (b) and 23 (c) of this section for the purpose of recapturing the benefit of the 24 tax tables contained in such subsections. During these taxable years, 25 any reference in this chapter to subsection (d), (d-1), (d-2) or (d-3) 26 of this section shall be read as a reference to this subsection. 27 (1) For resident married individuals filing joint returns and resident 28 surviving spouses: 29 (A) If New York adjusted gross income is greater than $107,650, but 30 not over $25,000,000: 31 (i) the recapture base and incremental benefit shall be determined by 32 New York taxable income as follows: 33 Greater than Not over Recapture Base Incremental Benefit 34 $27,900 $161,550 $0 $333 35 $161,550 $323,200 $333 $807 36 $323,200 $2,155,350 $1,140 $2,747 37 $2,155,350 $5,000,000 $3,887 $60,350 38 $5,000,000 $25,000,000 $64,237 $32,500 39 (ii) the applicable amount shall be determined by New York taxable 40 income as follows: 41 Greater than Not over Applicable Amount 42 $27,900 $161,550 New York adjusted gross income minus $107,650 43 $161,550 $323,200 New York adjusted gross income minus $161,550 44 $323,200 $2,155,350 New York adjusted gross income minus $323,200 45 $2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350 46 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 47 (iii) the phase-in fraction shall be a fraction, the numerator of 48 which shall be the lesser of fifty thousand dollars or the applicable 49 amount and the denominator of which shall be fifty thousand dollars; and 50 (iv) the supplemental tax due shall equal the sum of the recapture 51 base and the product of (i) the incremental benefit and (ii) the phase- 52 in fraction. Provided, however, that if the New York taxable income of 53 the taxpayer is less than twenty-seven thousand nine hundred dollars,A. 8809--A 35 1 the supplemental tax shall equal the difference between the product of 2 5.50 percent and New York taxable income and the tax table computation 3 on the New York taxable income set forth in paragraph one of subsection 4 (a) of this section, multiplied by a fraction, the numerator of which is 5 the lesser of fifty thousand dollars or New York adjusted gross income 6 minus one hundred seven thousand six hundred fifty dollars, and the 7 denominator of which is fifty thousand dollars. 8 (B) If New York adjusted gross income is greater than twenty-five 9 million dollars, the supplemental tax due shall equal the difference 10 between the product of 10.90 percent and New York taxable income and the 11 tax table computation on the New York taxable income set forth in para- 12 graph one of subsection (a) of this section. 13 (2) For resident heads of households: 14 (A) If New York adjusted gross income is greater than $107,650, but 15 not over $25,000,000: 16 (i) the recapture base and incremental benefit shall be determined by 17 New York taxable income as follows: 18 Greater than Not over Recapture Base Incremental Benefit 19 $107,650 $269,300 $0 $787 20 $269,300 $1,616,450 $787 $2,289 21 $1,616,450 $5,000,000 $3,076 $45,261 22 $5,000,000 $25,000,000 $48,337 $32,500 23 (ii) the applicable amount shall be determined by New York taxable 24 income as follows: 25 Greater than Not over Applicable Amount 26 $107,650 $269,300 New York adjusted gross income minus $107,650 27 $269,300 $1,616,450 New York adjusted gross income minus $269,300 28 $1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450 29 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 30 (iii) the phase-in fraction shall be a fraction, the numerator of 31 which shall be the lesser of fifty thousand dollars or the applicable 32 amount and the denominator of which shall be fifty thousand dollars; and 33 (iv) the supplemental tax due shall equal the sum of the recapture 34 base and the product of (i) the incremental benefit and (ii) the phase- 35 in fraction. Provided, however, that if the New York taxable income of 36 the taxpayer is less than one hundred seven thousand six hundred fifty 37 dollars, the supplemental tax shall equal the difference between the 38 product of 6.00 percent and New York taxable income and the tax table 39 computation on the New York taxable income set forth in paragraph one of 40 subsection (b) of this section, multiplied by a fraction, the numerator 41 of which is the lesser of fifty thousand dollars or New York adjusted 42 gross income minus one hundred seven thousand six hundred fifty dollars, 43 and the denominator of which is fifty thousand dollars. 44 (B) If New York adjusted gross income is greater than twenty-five 45 million dollars, the supplemental tax due shall equal the difference 46 between the product of 10.90 percent and New York taxable income and the 47 tax table computation on the New York taxable income set forth in para- 48 graph one of subsection (b) of this section. 49 (3) For resident unmarried individuals, resident married individuals 50 filing separate returns and resident estates and trusts: 51 (A) If New York adjusted gross income is greater than $107,650, but 52 not over $25,000,000: 53 (i) the recapture base and incremental benefit shall be determined by 54 New York taxable income as follows: 55 Greater than Not over Recapture Base Incremental Benefit 56 $80,650 $215,400 $0 $568A. 8809--A 36 1 $215,400 $1,077,550 $568 $1,831 2 $1,077,550 $5,000,000 $2,399 $30,172 3 $5,000,000 $25,000,000 $32,571 $32,500 4 (ii) the applicable amount shall be determined by New York taxable 5 income as follows: 6 Greater than Not over Applicable Amount 7 $80,650 $215,400 New York adjusted gross income minus $107,650 8 $215,400 $1,077,550 New York adjusted gross income minus $215,400 9 $1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550 10 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 11 (iii) the phase-in fraction shall be a fraction, the numerator of 12 which shall be the lesser of fifty thousand dollars or the applicable 13 amount and the denominator of which shall be fifty thousand dollars; and 14 (iv) the supplemental tax due shall equal the sum of the recapture 15 base and the product of (i) the incremental benefit and (ii) the phase- 16 in fraction. Provided, however, that if the New York taxable income of 17 the taxpayer is less than eighty thousand six hundred fifty dollars, the 18 supplemental tax shall equal the difference between the product of 6.00 19 percent and New York taxable income and the tax table computation on the 20 New York taxable income set forth in paragraph one of subsection (c) of 21 this section, multiplied by a fraction, the numerator of which is the 22 lesser of fifty thousand dollars or New York adjusted gross income minus 23 one hundred seven thousand six hundred fifty dollars, and the denomina- 24 tor of which is fifty thousand dollars. 25 (B) If New York adjusted gross income is greater than twenty-five 26 million dollars, the supplemental tax due shall equal the difference 27 between the product of 10.90 percent and New York taxable income and the 28 tax table computation on the New York taxable income set forth in para- 29 graph one of subsection (c) of this section. 30 (d-5) Alternative tax table benefit recapture. Notwithstanding the 31 provisions of subsection (d), (d-1), (d-2), (d-3) or (d-4) of this 32 section, for taxable years beginning on or after two thousand twenty- 33 four and before two thousand twenty-eight, there is hereby imposed a 34 supplemental tax in addition to the tax imposed under subsections (a), 35 (b) and (c) of this section for the purpose of recapturing the benefit 36 of the tax tables contained in such subsections. During these taxable 37 years, any reference in this chapter to subsection (d), (d-1), (d-2), 38 (d-3) or (d-4) of this section shall be read as a reference to this 39 subsection. 40 (1) For resident married individuals filing joint returns and resident 41 surviving spouses: 42 (A) If New York adjusted gross income is greater than $107,650, but 43 not over $25,000,000: 44 (i) the recapture base and incremental benefit shall be determined by 45 New York taxable income as follows: 46 Greater than Not over Recapture Base Incremental Benefit 47 $27,900 $161,550 $0 $333 48 $161,550 $323,200 $333 $807 49 $323,200 $2,155,350 $1,140 $2,747 50 $2,155,350 $5,000,000 $3,887 $60,350 51 $5,000,000 $25,000,000 $64,237 $57,500 52 (ii) the applicable amount shall be determined by New York taxable 53 income as follows: 54 Greater than Not over Applicable Amount 55 $27,900 $161,550 New York adjusted gross income minus $107,650 56 $161,550 $323,200 New York adjusted gross income minus $161,550A. 8809--A 37 1 $323,200 $2,155,350 New York adjusted gross income minus $323,200 2 $2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350 3 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 4 (iii) the phase-in fraction shall be a fraction, the numerator of 5 which shall be the lesser of fifty thousand dollars or the applicable 6 amount and the denominator of which shall be fifty thousand dollars; and 7 (iv) the supplemental tax due shall equal the sum of the recapture 8 base and the product of (i) the incremental benefit and (ii) the phase- 9 in fraction. Provided, however, that if the New York taxable income of 10 the taxpayer is less than twenty-seven thousand nine hundred dollars, 11 the supplemental tax shall equal the difference between the product of 12 5.50 percent and New York taxable income and the tax table computation 13 on the New York taxable income set forth in paragraph one of subsection 14 (a) of this section, multiplied by a fraction, the numerator of which is 15 the lesser of fifty thousand dollars or New York adjusted gross income 16 minus one hundred seven thousand six hundred fifty dollars, and the 17 denominator of which is fifty thousand dollars. 18 (B) If New York adjusted gross income is greater than twenty-five 19 million dollars, the supplemental tax due shall equal the difference 20 between the product of 11.40 percent and New York taxable income and the 21 tax table computation on the New York taxable income set forth in para- 22 graph one of subsection (a) of this section. 23 (2) For resident heads of households: 24 (A) If New York adjusted gross income is greater than $107,650, but 25 not over $25,000,000: 26 (i) the recapture base and incremental benefit shall be determined by 27 New York taxable income as follows: 28 Greater than Not over Recapture Base Incremental Benefit 29 $107,650 $269,300 $0 $787 30 $269,300 $1,616,450 $787 $2,289 31 $1,616,450 $5,000,000 $3,076 $45,261 32 $5,000,000 $25,000,000 $48,337 $57,500 33 (ii) the applicable amount shall be determined by New York taxable 34 income as follows: 35 Greater than Not over Applicable Amount 36 $107,650 $269,300 New York adjusted gross income minus $107,650 37 $269,300 $1,616,450 New York adjusted gross income minus $269,300 38 $1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450 39 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 40 (iii) the phase-in fraction shall be a fraction, the numerator of 41 which shall be the lesser of fifty thousand dollars or the applicable 42 amount and the denominator of which shall be fifty thousand dollars; and 43 (iv) the supplemental tax due shall equal the sum of the recapture 44 base and the product of (i) the incremental benefit and (ii) the phase- 45 in fraction. Provided, however, that if the New York taxable income of 46 the taxpayer is less than one hundred seven thousand six hundred fifty 47 dollars, the supplemental tax shall equal the difference between the 48 product of 6.00 percent and New York taxable income and the tax table 49 computation on the New York taxable income set forth in paragraph one of 50 subsection (b) of this section, multiplied by a fraction, the numerator 51 of which is the lesser of fifty thousand dollars or New York adjusted 52 gross income minus one hundred seven thousand six hundred fifty dollars, 53 and the denominator of which is fifty thousand dollars. 54 (B) If New York adjusted gross income is greater than twenty-five 55 million dollars, the supplemental tax due shall equal the difference 56 between the product of 11.40 percent and New York taxable income and theA. 8809--A 38 1 tax table computation on the New York taxable income set forth in para- 2 graph one of subsection (b) of this section. 3 (3) For resident unmarried individuals, resident married individuals 4 filing separate returns and resident estates and trusts: 5 (A) If New York adjusted gross income is greater than $107,650, but 6 not over $25,000,000: 7 (i) the recapture base and incremental benefit shall be determined by 8 New York taxable income as follows: 9 Greater than Not over Recapture Base Incremental Benefit 10 $80,650 $215,400 $0 $568 11 $215,400 $1,077,550 $568 $1,831 12 $1,077,550 $5,000,000 $2,399 $30,172 13 $5,000,000 $25,000,000 $32,571 $57,500 14 (ii) the applicable amount shall be determined by New York taxable 15 income as follows: 16 Greater than Not over Applicable Amount 17 $80,650 $215,400 New York adjusted gross income minus $107,650 18 $215,400 $1,077,550 New York adjusted gross income minus $215,400 19 $1,077,550 $5,000,000 New York adjusted gross income minus 20 $1,077,550 21 $5,000,000 $25,000,000 New York adjusted gross income minus 22 $5,000,000 23 (iii) the phase-in fraction shall be a fraction, the numerator of 24 which shall be the lesser of fifty thousand dollars or the applicable 25 amount and the denominator of which shall be fifty thousand dollars; and 26 (iv) the supplemental tax due shall equal the sum of the recapture 27 base and the product of (i) the incremental benefit and (ii) the phase- 28 in fraction. Provided, however, that if the New York taxable income of 29 the taxpayer is less than eighty thousand six hundred fifty dollars, the 30 supplemental tax shall equal the difference between the product of 6.00 31 percent and New York taxable income and the tax table computation on the 32 New York taxable income set forth in paragraph one of subsection (c) of 33 this section, multiplied by a fraction, the numerator of which is the 34 lesser of fifty thousand dollars or New York adjusted gross income minus 35 one hundred seven thousand six hundred fifty dollars, and the denomina- 36 tor of which is fifty thousand dollars. 37 (B) If New York adjusted gross income is greater than twenty-five 38 million dollars, the supplemental tax due shall equal the difference 39 between the product of 11.40 percent and New York taxable income and the 40 tax table computation on the New York taxable income set forth in para- 41 graph one of subsection (c) of this section. 42 § 5. Notwithstanding any provision of law to the contrary, the method 43 of determining the amount to be deducted and withheld from wages on 44 account of taxes imposed by or pursuant to the authority of article 22 45 of the tax law in connection with the implementation of the provisions 46 of this act shall be prescribed by regulations of the commissioner of 47 taxation and finance with due consideration to the effect such withhold- 48 ing tables and methods would have on the receipt and amount of revenue. 49 The commissioner of taxation and finance shall adjust such withholding 50 tables and methods in regard to taxable years beginning in 2024 and 51 after in such manner as to result, so far as practicable, in withholding 52 from an employee's wages an amount substantially equivalent to the tax 53 reasonably estimated to be due for such taxable years as a result of the 54 provisions of this act. Any such regulations to implement a change in 55 withholding tables and methods for tax year 2024 shall be adopted andA. 8809--A 39 1 effective as soon as practicable and the commissioner of taxation and 2 finance may adopt such regulations on an emergency basis notwithstanding 3 anything to the contrary in section 202 of the state administrative 4 procedure act. 5 § 6. This act shall take effect immediately and shall apply to taxable 6 years beginning on and after January 1, 2024. 7 PART U 8 Section 1. Paragraph 1 of subsection (d) of section 606 of the tax 9 law, as amended by section 1 of part Q of chapter 63 of the laws of 10 2000, is amended to read as follows: 11 (1) General. (A) (i) A taxpayer shall be allowed a credit as provided 12 herein equal to [(i)] the applicable percentage of the earned income 13 credit allowed under section thirty-two of the internal revenue code for 14 the same taxable year, provided, however, for New York state purposes 15 beginning with the two thousand twenty-four taxable year, and for each 16 taxable year thereafter, the phaseout percentage as defined in section 17 32(b)(1) of the internal revenue code shall be determined as follows: 18 In the case of an eligible The phaseout percentage is: 19 individual with: 20 One qualifying child 11.98 21 Two qualifying children 15.06 22 Three or more qualifying children 15.06 23 No qualifying children 7.65 24 (ii) The credit under clause (i) of this subparagraph shall be reduced 25 by the credit permitted under subsection (b) of this section. 26 (B) The applicable percentage shall be (i) seven and one-half percent 27 for taxable years beginning in nineteen hundred ninety-four, (ii) ten 28 percent for taxable years beginning in nineteen hundred ninety-five, 29 (iii) twenty percent for taxable years beginning after nineteen hundred 30 ninety-five and before two thousand, (iv) twenty-two and one-half 31 percent for taxable years beginning in two thousand, (v) twenty-five 32 percent for taxable years beginning in two thousand one, (vi) twenty- 33 seven and one-half percent for taxable years beginning in two thousand 34 two, and (vii) thirty percent for taxable years beginning in two thou- 35 sand three and thereafter. Provided, however, that if the reversion 36 event, as defined in this paragraph, occurs, the applicable percentage 37 shall be twenty percent for taxable years ending on or after the date on 38 which the reversion event occurred. The reversion event shall be deemed 39 to have occurred on the date on which federal action, including but not 40 limited to, administrative, statutory or regulatory changes, materially 41 reduces or eliminates New York state's allocation of the federal tempo- 42 rary assistance for needy families block grant, or materially reduces 43 the ability of the state to spend federal temporary assistance for needy 44 families block grant funds for the earned income credit or to apply 45 state general fund spending on the earned income credit toward the 46 temporary assistance for needy families block grant maintenance of 47 effort requirement, and the commissioner of the office of temporary and 48 disability assistance shall certify the date of such event to the 49 commissioner of taxation and finance, the director of the division of 50 the budget, the speaker of the assembly and the temporary president of 51 the senate.A. 8809--A 40 1 § 2. This act shall take effect immediately and shall apply to taxable 2 years beginning on and after January 1, 2024. 3 PART V 4 Section 1. Subsection (d) of section 606 of the tax law is amended by 5 adding a new paragraph 9 to read as follows: 6 (9) Notwithstanding any provision to the contrary, for taxable years 7 two thousand twenty-four and thereafter, an eligible individual, who 8 filed a New York personal income tax return using a valid United States 9 individual taxpayer identification number (ITIN) or if such individual 10 otherwise satisfies the requirements of this paragraph, shall be eligi- 11 ble for the credit under this subsection. A federal individual taxpayer 12 identification number or a social security number must be provided for 13 each spouse in the case of a couple filing jointly or separately and for 14 each child in order to be eligible for the credit. For purposes of this 15 paragraph, an eligible individual, upon request by the commissioner, 16 shall be required to submit proof including, but not limited to, (i) (A) 17 an eligible individual filed a tax return for each tax year such credit 18 is allowed with the department using a valid United States individual 19 taxpayer identification number, or (B) alternatively, such individual 20 may submit one or more proofs of work described in paragraph (k) of 21 subdivision five of section two of part EEE of chapter fifty-nine of the 22 laws of two thousand twenty-one; and (ii) the proof of identity as 23 described in paragraph (a) of subdivision five of section two of part 24 EEE of chapter fifty-nine of the laws of two thousand twenty-one. The 25 commissioner in conjunction with the commissioner of labor may, by regu- 26 lation, establish alternative documents that sufficiently demonstrate an 27 eligible individual's qualification for the tax credit, including but 28 not limited to proof of identity as described in paragraph (a) of subdi- 29 vision five of section two of part EEE of chapter fifty-nine of the laws 30 of two thousand twenty-one, provided that such additional documents 31 clearly demonstrate that such individual was employed and received mone- 32 tary earnings for each tax year such individual is eligible for the 33 credit prior to the date such individual certifies that they became 34 eligible for the credit allowed under this subsection. 35 § 2. This act shall take effect immediately and shall apply to taxable 36 years beginning on and after January 1, 2024. Effective immediately, the 37 addition, amendment and/or repeal of any rule or regulation necessary 38 for the implementation of this act on its effective date are authorized 39 to be made and completed on or before such effective date. 40 PART W 41 Section 1. Subsection (c-1) of section 606 of the tax law is amended 42 by adding a new paragraph 5 to read as follows: 43 (5) (A) For tax year two thousand twenty-three, the commissioner shall 44 issue a payment of a supplemental empire state child credit in the 45 amount of (i) one hundred percent of the empire state child credit 46 calculated and allowed pursuant to this subsection to taxpayers whose 47 federal adjusted gross income was less than ten thousand dollars; (ii) 48 seventy-five percent of the empire state child credit calculated and 49 allowed pursuant to this subsection to taxpayers whose federal adjusted 50 gross income was greater than or equal to ten thousand dollars but less 51 than twenty-five thousand dollars; (iii) fifty percent of the empire 52 state child credit calculated and allowed pursuant to this subsection toA. 8809--A 41 1 taxpayers whose federal adjusted gross income was greater than or equal 2 to twenty-five thousand dollars but less than fifty thousand dollars; 3 and (iv) twenty-five percent of the empire state child credit calculated 4 and allowed pursuant to this subsection to taxpayers whose federal 5 adjusted gross income was greater than or equal to fifty thousand 6 dollars. Provided, however, that no payment shall be issued if it is 7 less than twenty-five dollars. 8 (B) The supplemental payment pursuant to this paragraph shall be 9 allowed to taxpayers who timely filed returns pursuant to section six 10 hundred fifty-one of this article, determined with regard to extensions 11 pursuant to section six hundred fifty-seven of this article. 12 § 2. This act shall take effect immediately. 13 PART X 14 Section 1. Paragraphs 1, 2, and 3 of subsection (n-1) of section 606 15 of the tax law, as amended by section 1 of part BB of chapter 59 of the 16 laws of 2022, are amended to read as follows: 17 (1) An individual taxpayer who meets the eligibility standards in 18 paragraph two of this subsection shall be allowed a credit against the 19 taxes imposed by this article in the amount specified in paragraph three 20 of this subsection for tax year two thousand [twenty-two] twenty-four. 21 (2) To be eligible for the credit, the taxpayer (or taxpayers filing 22 joint returns) (a) must own and primarily reside in real property 23 receiving either the STAR exemption authorized by section four hundred 24 twenty-five of the real property tax law or the school tax relief credit 25 authorized by subsection (eee) of this section, and (b) must have had 26 qualified gross income no greater than two hundred fifty thousand 27 dollars in tax year two thousand [twenty] twenty-two. 28 (3) Amount of credit. (a) For a taxpayer who owned and primarily 29 resided in real property receiving the basic STAR exemption or who 30 received the basic STAR credit, the amount of the credit shall equal the 31 STAR tax savings associated with such basic STAR exemption in the two 32 thousand [twenty-one] twenty-three--two thousand [twenty-two] twenty- 33 four school year, multiplied by the following percentage: 34 (i) For a taxpayer whose primary residence is located outside the city 35 of New York: 36 Qualified Gross Income Percentage 37 Not over $75,000 [163%] 70% 38 Over $75,000 but not over $150,000 [115%] 50% 39 Over $150,000 but not over $200,000 [66%] 30% 40 Over $200,000 but not over $250,000 18% 41 Over $250,000 No credit 42 (ii) For a taxpayer whose primary residence is located within the city 43 of New York: 44 Qualified Gross Income Percentage 45 Not over $75,000 [125%] 85% 46 Over $75,000 but not over $150,000 [115%] 60% 47 Over $150,000 but not over $200,000 [105%] 40% 48 Over $200,000 but not over $250,000 [100%] 28% 49 Over $250,000 No credit 50 (b) For a taxpayer who owned and primarily resided in real property 51 receiving the enhanced STAR exemption or who received the enhanced STAR 52 credit, the amount of the credit shall equal the STAR tax savings asso- 53 ciated with such enhanced STAR exemption in the two thousand [twenty-54one] twenty-three--two thousand [twenty-two] twenty-four school year,A. 8809--A 42 1 multiplied by [sixty-six] thirty percent if the taxpayer's primary resi- 2 dence is located outside the city of New York, or [one hundred ten] 3 forty percent if the taxpayer's primary residence is located within the 4 city of New York. 5 (c) In no case may the amount of the credit allowed under this 6 subsection exceed the school district taxes due with respect to the 7 residence for that school year, nor shall any credit be allowed under 8 this subsection if the amount determined pursuant to this paragraph is 9 less than one hundred dollars. 10 § 2. This act shall take effect immediately. 11 PART Y 12 Section 1. Subdivision (a) of section 1115 of the tax law is amended 13 by adding a new paragraph 47 to read as follows: 14 (47) Fire extinguishers, fire alarms, heat alarms or carbon monoxide 15 alarms purchased for residential use during the month of October. 16 § 2. This act shall take effect on the thirtieth day after it shall 17 have become a law. 18 PART Z 19 Section 1. Subdivision (a) of section 1115 of the tax law is amended 20 by adding a new paragraph 47 to read as follows: 21 (47) School supplies or items commonly used by a student in a course 22 of study for which the receipt or consideration given or contracted to 23 be given is less than one hundred ten dollars per item, which shall 24 include, but not be limited to, book bags or backpacks, textbooks, pens, 25 pencils, highlighters, crayons, markers, erasers, index cards, paper, 26 notebooks, binders, folders, scissors, rulers and calculators. Only the 27 purchases made during the fifteen-day period commencing on the fifteenth 28 day immediately preceding the first Monday in September, known as Labor 29 Day, and ending on Labor Day, during each calendar year shall be exempt 30 under this paragraph. 31 § 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as 32 amended by section 5 of part J of chapter 59 of the laws of 2021, is 33 amended to read as follows: 34 (1) Either, all of the taxes described in article twenty-eight of this 35 chapter, at the same uniform rate, as to which taxes all provisions of 36 the local laws, ordinances or resolutions imposing such taxes shall be 37 identical, except as to rate and except as otherwise provided, with the 38 corresponding provisions in such article twenty-eight, including the 39 definition and exemption provisions of such article, so far as the 40 provisions of such article twenty-eight can be made applicable to the 41 taxes imposed by such city or county and with such limitations and 42 special provisions as are set forth in this article. The taxes author- 43 ized under this subdivision may not be imposed by a city or county 44 unless the local law, ordinance or resolution imposes such taxes so as 45 to include all portions and all types of receipts, charges or rents, 46 subject to state tax under sections eleven hundred five and eleven 47 hundred ten of this chapter, except as otherwise provided. Notwith- 48 standing the foregoing, a tax imposed by a city or county authorized 49 under this subdivision shall not include the tax imposed on charges for 50 admission to race tracks and simulcast facilities under subdivision (f) 51 of section eleven hundred five of this chapter. (i) Any local law, ordi- 52 nance or resolution enacted by any city of less than one million or byA. 8809--A 43 1 any county or school district, imposing the taxes authorized by this 2 subdivision, shall, notwithstanding any provision of law to the contra- 3 ry, exclude from the operation of such local taxes all sales of tangible 4 personal property for use or consumption directly and predominantly in 5 the production of tangible personal property, gas, electricity, refrig- 6 eration or steam, for sale, by manufacturing, processing, generating, 7 assembly, refining, mining or extracting; and all sales of tangible 8 personal property for use or consumption predominantly either in the 9 production of tangible personal property, for sale, by farming or in a 10 commercial horse boarding operation, or in both; and all sales of fuel 11 sold for use in commercial aircraft and general aviation aircraft; and, 12 unless such city, county or school district elects otherwise, shall omit 13 the provision for credit or refund contained in clause six of subdivi- 14 sion (a) or subdivision (d) of section eleven hundred nineteen of this 15 chapter. (ii) Any local law, ordinance or resolution enacted by any 16 city, county or school district, imposing the taxes authorized by this 17 subdivision, shall omit the residential solar energy systems equipment 18 and electricity exemption provided for in subdivision (ee), the commer- 19 cial solar energy systems equipment and electricity exemption provided 20 for in subdivision (ii), the commercial fuel cell electricity generating 21 systems equipment and electricity generated by such equipment exemption 22 provided for in subdivision (kk) [and], the clothing and footwear 23 exemption provided for in paragraph thirty of subdivision (a) of section 24 eleven hundred fifteen of this chapter, and the school supplies or items 25 commonly used by a student in a course of study exemption provided for 26 in paragraph forty-seven of subdivision (a) of section eleven hundred 27 fifteen of this chapter, unless such city, county or school district 28 elects otherwise as to such residential solar energy systems equipment 29 and electricity exemption, such commercial solar energy systems equip- 30 ment and electricity exemption, commercial fuel cell electricity gener- 31 ating systems equipment and electricity generated by such equipment 32 exemption or such clothing and footwear exemption, or such school 33 supplies or items commonly used by a student in a course of study 34 exemption. 35 § 3. Paragraph 4 of subdivision (a) of section 1210 of the tax law, as 36 amended by section 2 of part WW, subparagraphs (xii) and (xiii) as sepa- 37 rately amended and subparagraph (xiv) as added by section 6 of part Z of 38 chapter 60 of the laws of 2016, is amended to read as follows: 39 (4) Notwithstanding any other provision of law to the contrary, any 40 local law enacted by any city of one million or more that imposes the 41 taxes authorized by this subdivision (i) may omit the exception provided 42 in subparagraph (ii) of paragraph three of subdivision (c) of section 43 eleven hundred five of this chapter for receipts from laundering, dry- 44 cleaning, tailoring, weaving, pressing, shoe repairing and shoe shining; 45 (ii) may impose the tax described in paragraph six of subdivision (c) of 46 section eleven hundred five of this chapter at a rate in addition to the 47 rate prescribed by this section not to exceed two percent in multiples 48 of one-half of one percent; (iii) shall provide that the tax described 49 in paragraph six of subdivision (c) of section eleven hundred five of 50 this chapter does not apply to facilities owned and operated by the city 51 or an agency or instrumentality of the city or a public corporation the 52 majority of whose members are appointed by the chief executive officer 53 of the city or the legislative body of the city or both of them; (iv) 54 shall not include any tax on receipts from, or the use of, the services 55 described in paragraph seven of subdivision (c) of section eleven 56 hundred five of this chapter; (v) shall provide that, for purposes ofA. 8809--A 44 1 the tax described in subdivision (e) of section eleven hundred five of 2 this chapter, "permanent resident" means any occupant of any room or 3 rooms in a hotel for at least one hundred eighty consecutive days with 4 regard to the period of such occupancy; (vi) may omit the exception 5 provided in paragraph one of subdivision (f) of section eleven hundred 6 five of this chapter for charges to a patron for admission to, or use 7 of, facilities for sporting activities in which the patron is to be a 8 participant, such as bowling alleys and swimming pools; (vii) may 9 provide the clothing and footwear exemption in paragraph thirty of 10 subdivision (a) of section eleven hundred fifteen of this chapter, and, 11 notwithstanding any provision of subdivision (d) of this section to the 12 contrary, any local law providing for such exemption or repealing such 13 exemption, may go into effect on any one of the following dates: March 14 first, June first, September first or December first; (viii) shall omit 15 the exemption provided in paragraph forty-one of subdivision (a) of 16 section eleven hundred fifteen of this chapter; (ix) shall omit the 17 exemption provided in subdivision (c) of section eleven hundred fifteen 18 of this chapter insofar as it applies to fuel, gas, electricity, refrig- 19 eration and steam, and gas, electric, refrigeration and steam service of 20 whatever nature for use or consumption directly and exclusively in the 21 production of gas, electricity, refrigeration or steam; (x) shall omit, 22 unless such city elects otherwise, the provision for refund or credit 23 contained in clause six of subdivision (a) or in subdivision (d) of 24 section eleven hundred nineteen of this chapter; (xii) shall omit, 25 unless such city elects otherwise, the exemption for residential solar 26 energy systems equipment and electricity provided in subdivision (ee) of 27 section eleven hundred fifteen of this chapter; (xiii) shall omit, 28 unless such city elects otherwise, the exemption for commercial solar 29 energy systems equipment and electricity provided in subdivision (ii) of 30 section eleven hundred fifteen of this chapter; [and] (xiv) shall 31 exclude from the operation of such local taxes all sales of fuel sold 32 for use in commercial aircraft and general aviation aircraft[. (xiv)]; 33 (xv) shall omit, unless such city elects otherwise, the exemption for 34 commercial fuel cell electricity generating systems equipment and elec- 35 tricity generated by such equipment provided in subdivision (kk) of 36 section eleven hundred fifteen of this chapter[.]; and (xvi) may 37 provide the school supplies and items commonly used by a student in a 38 course of study exemption in paragraph forty-seven of subdivision 39 (a) of section eleven hundred fifteen of this chapter, and, notwith- 40 standing any provision of subdivision (d) of this section to the 41 contrary, any local law providing for such exemption or repealing such 42 exemption, may be applicable only to the purchases made during the 43 fifteen-day period commencing on the fifteenth day immediately preceding 44 the first Monday in September, known as Labor Day, and ending on Labor 45 Day, during each calendar year. Any reference in this chapter or in any 46 local law, ordinance or resolution enacted pursuant to the authority of 47 this article to former subdivisions (n) or (p) of this section shall be 48 deemed to be a reference to clauses (xii) or (xiii) of this paragraph, 49 respectively, and any such local law, ordinance or resolution that 50 provides the exemptions provided in such former subdivisions (n) and/or 51 (p) shall be deemed instead to provide the exemptions provided in claus- 52 es (xii) and/or (xiii) of this paragraph. 53 § 4. This act shall take effect immediately. 54 PART AAA. 8809--A 45 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 3-c to read as follows: 3 (3-c) Oral hygiene products, including toothbrushes, toothpaste, tooth 4 powders, mouthwash, dental floss, or other similar products. 5 § 2. This act shall take effect on the thirtieth day after it shall 6 have become a law. 7 PART BB 8 Section 1. Section 1115 of the tax law is amended by adding two new 9 subdivisions (ll) and (mm) to read as follows: 10 (ll) The following shall be exempt from tax under this article: (1) 11 Receipts from the retail sale of, and consideration given or contracted 12 to be given for, or for the use of, residential energy storage systems 13 equipment and the service of installing such systems. For the purposes 14 of this subdivision, "residential energy storage systems equipment" 15 shall mean an arrangement or combination of components installed in a 16 residence that stores electricity for use at a later time to provide 17 heating, cooling, hot water and/or electricity. 18 (2) Receipts from the sale of electricity by a person primarily 19 engaged in the sale of energy storage system equipment and/or electric- 20 ity generated by such equipment pursuant to a written agreement under 21 which such electricity is generated by residential energy system storage 22 equipment that is: (A) owned by a person other than the purchaser of 23 such electricity; (B) installed on residential property of the purchaser 24 of such electricity; and (C) used to provide heating, cooling, hot water 25 or electricity. 26 (mm) The following shall be exempt from tax under this article: (1) 27 Receipts from the retail sale of, and consideration given or contracted 28 to be given for, or for the use of, commercial energy storage systems 29 equipment and the costs of installing such systems. For the purposes of 30 this subdivision, "commercial energy storage systems equipment" shall 31 mean an arrangement or combination of components installed upon non-re- 32 sidential premises that stores electricity for use at a later time to 33 provide heating, cooling, hot water and/or electricity. 34 (2) Receipts from the sale of electricity by a person primarily 35 engaged in the sale of energy storage system equipment and/or electric- 36 ity generated by such equipment pursuant to a written agreement under 37 which the electricity is generated by commercial energy system equipment 38 that is: (A) owned by a person other than the purchaser of such elec- 39 tricity; (B) installed on the non-residential premises of the purchaser 40 of such electricity; and (C) used to provide heating, cooling, hot water 41 or electricity to such premises. 42 § 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as 43 amended by section 5 of part J of chapter 59 of the laws of 2021, is 44 amended to read as follows: 45 (1) Either, all of the taxes described in article twenty-eight of this 46 chapter, at the same uniform rate, as to which taxes all provisions of 47 the local laws, ordinances or resolutions imposing such taxes shall be 48 identical, except as to rate and except as otherwise provided, with the 49 corresponding provisions in such article twenty-eight, including the 50 definition and exemption provisions of such article, so far as the 51 provisions of such article twenty-eight can be made applicable to the 52 taxes imposed by such city or county and with such limitations and 53 special provisions as are set forth in this article. The taxes author- 54 ized under this subdivision may not be imposed by a city or countyA. 8809--A 46 1 unless the local law, ordinance or resolution imposes such taxes so as 2 to include all portions and all types of receipts, charges or rents, 3 subject to state tax under sections eleven hundred five and eleven 4 hundred ten of this chapter, except as otherwise provided. Notwith- 5 standing the foregoing, a tax imposed by a city or county authorized 6 under this subdivision shall not include the tax imposed on charges for 7 admission to race tracks and simulcast facilities under subdivision (f) 8 of section eleven hundred five of this chapter. (i) Any local law, ordi- 9 nance or resolution enacted by any city of less than one million or by 10 any county or school district, imposing the taxes authorized by this 11 subdivision, shall, notwithstanding any provision of law to the contra- 12 ry, exclude from the operation of such local taxes all sales of tangible 13 personal property for use or consumption directly and predominantly in 14 the production of tangible personal property, gas, electricity, refrig- 15 eration or steam, for sale, by manufacturing, processing, generating, 16 assembly, refining, mining or extracting; and all sales of tangible 17 personal property for use or consumption predominantly either in the 18 production of tangible personal property, for sale, by farming or in a 19 commercial horse boarding operation, or in both; and all sales of fuel 20 sold for use in commercial aircraft and general aviation aircraft; and, 21 unless such city, county or school district elects otherwise, shall omit 22 the provision for credit or refund contained in clause six of subdivi- 23 sion (a) or subdivision (d) of section eleven hundred nineteen of this 24 chapter. (ii) Any local law, ordinance or resolution enacted by any 25 city, county or school district, imposing the taxes authorized by this 26 subdivision, shall omit the residential solar energy systems equipment 27 and electricity exemption provided for in subdivision (ee), the commer- 28 cial solar energy systems equipment and electricity exemption provided 29 for in subdivision (ii), the commercial fuel cell electricity generating 30 systems equipment and electricity generated by such equipment exemption 31 provided for in subdivision (kk), the residential energy storage systems 32 equipment and electricity exemption provided for in subdivision (ll), 33 the commercial energy storage systems equipment and electricity 34 exemption provided for in subdivision (mm) and the clothing and footwear 35 exemption provided for in paragraph thirty of subdivision (a) of section 36 eleven hundred fifteen of this chapter, unless such city, county or 37 school district elects otherwise as to such residential solar energy 38 systems equipment and electricity exemption, such commercial solar ener- 39 gy systems equipment and electricity exemption, commercial fuel cell 40 electricity generating systems equipment and electricity generated by 41 such equipment exemption or such clothing and footwear exemption. 42 § 3. Subdivision (d) of section 1210 of the tax law, as amended by 43 section 4 of part WW of chapter 60 of the laws of 2016, is amended to 44 read as follows: 45 (d) A local law, ordinance or resolution imposing any tax pursuant to 46 this section, increasing or decreasing the rate of such tax, repealing 47 or suspending such tax, exempting from such tax the energy sources and 48 services described in paragraph three of subdivision (a) or of subdivi- 49 sion (b) of this section or changing the rate of tax imposed on such 50 energy sources and services or providing for the credit or refund 51 described in clause six of subdivision (a) of section eleven hundred 52 nineteen of this chapter, or electing or repealing the exemption for 53 residential solar equipment and electricity in subdivision (ee) of 54 section eleven hundred fifteen of this article, or the exemption for 55 commercial solar equipment and electricity in subdivision (ii) of 56 section eleven hundred fifteen of this article, or electing or repealingA. 8809--A 47 1 the exemption for commercial fuel cell electricity generating systems 2 equipment and electricity generated by such equipment in subdivision 3 (kk) of section eleven hundred fifteen of this article, or the exemption 4 for residential energy storage equipment or electricity in subdivision 5 (ll) of section eleven hundred fifteen of this article, or the exemption 6 for commercial energy storage equipment and electricity in subdivision 7 (mm) of section eleven hundred fifteen of this article must go into 8 effect only on one of the following dates: March first, June first, 9 September first or December first; provided, that a local law, ordinance 10 or resolution providing for the exemption described in paragraph thirty 11 of subdivision (a) of section eleven hundred fifteen of this chapter or 12 repealing any such exemption or a local law, ordinance or resolution 13 providing for a refund or credit described in subdivision (d) of section 14 eleven hundred nineteen of this chapter or repealing such provision so 15 provided must go into effect only on March first. No such local law, 16 ordinance or resolution shall be effective unless a certified copy of 17 such law, ordinance or resolution is mailed by registered or certified 18 mail to the commissioner at the commissioner's office in Albany at least 19 ninety days prior to the date it is to become effective. However, the 20 commissioner may waive and reduce such ninety-day minimum notice 21 requirement to a mailing of such certified copy by registered or certi- 22 fied mail within a period of not less than thirty days prior to such 23 effective date if the commissioner deems such action to be consistent 24 with the commissioner's duties under section twelve hundred fifty of 25 this article and the commissioner acts by resolution. Where the 26 restriction provided for in section twelve hundred twenty-three of this 27 article as to the effective date of a tax and the notice requirement 28 provided for therein are applicable and have not been waived, the 29 restriction and notice requirement in section twelve hundred twenty- 30 three of this article shall also apply. 31 § 4. This act shall take effect on the thirtieth day after it shall 32 have become a law. 33 PART CC 34 Section 1. The tax law is amended by adding a new section 49 to read 35 as follows: 36 § 49. Work opportunity tax credit. (a) General. A taxpayer subject to 37 tax under article nine-A, twenty-two, or thirty-three of this chapter 38 shall be allowed a credit against such tax in an amount equal to one 39 hundred percent of the credit that is allowed to the taxpayer under 40 section 51 of the internal revenue code that is attributable to quali- 41 fied wages paid to a New York resident who is a member of a targeted 42 group and for whom a certificate to that effect has been issued by the 43 department of labor. 44 (b) Definitions. The terms "qualified wages" and "targeted group" 45 shall have the same meanings as in section 51 of the internal revenue 46 code. 47 (c) Effect on other tax credits. Wages which are the basis of the 48 credit under this section may not be used as the basis for any other 49 credit allowed under this chapter. 50 (d) Limit on tax credits issued. Over the lifetime of the tax credit, 51 the total amount of tax credits provided for under this section shall 52 not exceed thirty million dollars. 53 (e) Cross-references. For application of the credit provided for in 54 this section, see the following provisions of this chapter:A. 8809--A 48 1 (1) article 9-A: section 210-B, subdivision 60; 2 (2) article 22: section 606, subsection (bbb); 3 (3) article 33: section 1511, subdivision (ff). 4 § 2. Section 210-B of the tax law is amended by adding a new subdivi- 5 sion 60 to read as follows: 6 60. Work opportunity tax credit. (a) Allowance of credit. A taxpayer 7 shall be allowed a credit, to be computed as provided in section forty- 8 nine of this chapter, against the tax imposed by this article. Such 9 credit may not exceed five hundred dollars per eligible employee per 10 year in any given tax year. 11 (b) Application of credit. The credit allowed under this subdivision 12 for any taxable year may not reduce the tax due for such year to less 13 than the amount prescribed in paragraph (d) of subdivision one of 14 section two hundred ten of this article. However, if the amount of the 15 credit allowed under this subdivision for any taxable year reduces the 16 tax to such amount or if the taxpayer otherwise pays tax based on the 17 fixed dollar minimum amount, any amount of credit thus not deductible in 18 such taxable year will be treated as an overpayment of tax to be credit- 19 ed in accordance with the provisions of section one thousand eighty-six 20 of this chapter. Provided, however, the provisions of subsection (c) of 21 section one thousand eighty-eight of this chapter notwithstanding, no 22 interest shall be paid thereon. 23 § 3. Section 606 of the tax law is amended by adding a new subsection 24 (bbb) to read as follows: 25 (bbb) Work opportunity tax credit. (1) Allowance of credit. A taxpayer 26 shall be allowed a credit, to be computed as provided in section forty- 27 nine of this chapter, against the tax imposed by this article. Such 28 credit may not exceed five hundred dollars per eligible employee per 29 year in any given tax year. 30 (2) Application of credit. If the amount of the credit allowed under 31 this subsection for any taxable year shall exceed the taxpayer's tax for 32 such year, the excess shall be treated as an overpayment of tax to be 33 credited or refunded in accordance with the provisions of section six 34 hundred eighty-six of this article, provided, however, that no interest 35 shall be paid thereon. 36 § 4. Section 1511 of the tax law is amended by adding a new subdivi- 37 sion (ff) to read as follows: 38 (ff) Work opportunity tax credit. (1) Allowance of credit. A taxpayer 39 shall be allowed a credit, to be computed as provided in section forty- 40 nine of this chapter, against the tax imposed by this article. Such 41 credit may not exceed five hundred dollars per eligible employee per 42 year in any given tax year. 43 (2) Application of credit. The credit allowed under this subdivision 44 shall not reduce the tax due for such year to be less than the minimum 45 fixed by paragraph four of subdivision (a) of section fifteen hundred 46 two or section fifteen hundred two-a of this article, whichever is 47 applicable. However, if the amount of the credit allowed under this 48 subdivision for any taxable year reduces the taxpayer's tax to such 49 amount, any amount of credit thus not deductible will be treated as an 50 overpayment of tax to be credited in accordance with the provisions of 51 section one thousand eighty-six of this chapter. Provided, however, the 52 provisions of subsection (c) of section one thousand eighty-eight of 53 this chapter notwithstanding, no interest shall be paid thereon. 54 § 5. This act shall take effect April 1, 2025 and shall apply to taxa- 55 ble years beginning on and after January 1, 2025 and shall apply toA. 8809--A 49 1 wages paid to individuals hired on and after such effective date and 2 shall expire and be deemed repealed December 31, 2027. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or part of this act shall be adjudged by any court of 5 competent jurisdiction to be invalid, such judgment shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or part thereof directly involved in the controversy in which such judg- 9 ment shall have been rendered. It is hereby declared to be the intent of 10 the legislature that this act would have been enacted even if such 11 invalid provisions had not been included herein. 12 § 3. This act shall take effect immediately provided, however, that 13 the applicable effective date of Parts A through CC of this act shall be 14 as specifically set forth in the last section of such Parts.
