Bill Text: NY S00851 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that taxpayers in the city of New York with certain lower income levels shall not be subject to city personal income taxation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00851 Detail]

Download: New_York-2019-S00851-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           851
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the tax law, in relation  to  making  certain  taxpayers
          exempt from the city personal income tax of the city of New York
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs 1, 2 and 3 of subsection (b) of section 1304  of
     2  the tax law, as amended by section 3 of part F of chapter 61 of the laws
     3  of 2017, are amended to read as follows:
     4    (1)  Resident  married  individuals  filing joint returns and resident
     5  surviving spouses. The tax under this section for each taxable  year  on
     6  the  city  taxable  income of every city resident married individual who
     7  makes a single return jointly with his or her  spouse  under  subsection
     8  (b)  of  section  thirteen  hundred  six of this article and on the city
     9  taxable income of every city resident surviving spouse shall  be  deter-
    10  mined in accordance with the following table:
    11    For taxable years beginning after two thousand twenty:
    12  If the city taxable income is:         The tax is:
    13  Not over [$21,600                      1.18% of the city taxable income
    14  Over $21,600 but not                   $255 plus 1.435% of excess
    15  over] $45,000                            [over $21,600] 0% of the city
    16                                           taxable income
    17  Over $45,000 but not                   $591 plus 1.455% of excess
    18  over $90,000                             over $45,000
    19  Over $90,000                           $1,245 plus 1.48% of excess
    20                                           over $90,000
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06072-01-9

        S. 851                              2
     1    (2)  Resident heads of households. The tax under this section for each
     2  taxable year on the city taxable income of every city resident head of a
     3  household shall be determined in accordance with the following table:
     4    For taxable years beginning after two thousand twenty:
     5  If the city taxable income is:         The tax is:
     6  Not over [$14,400                      1.18% of the city taxable income
     7  Over $14,400 but not                   $170 plus 1.435% of excess
     8  over $30,000] $32,500                  [over $14,400] 0% of the
     9                                           city taxable income
    10  Over [$30,000] $32,500                 $394 plus 1.455% of excess
    11  but not over $60,000                     over [$30,000] $32,500
    12  Over $60,000                           $830 plus 1.48% of
    13                                         excess over $60,000
    14    (3)  Resident  unmarried  individuals,  resident  married  individuals
    15  filing separate returns and resident estates and trusts. The  tax  under
    16  this  section  for each taxable year on the city taxable income of every
    17  city resident individual who is not a city resident  married  individual
    18  who  makes  a  single  return  jointly  with  his  or  her  spouse under
    19  subsection (b) of section thirteen hundred six of this article or a city
    20  resident head of household or a city resident surviving spouse,  and  on
    21  the city taxable income of every city resident estate and trust shall be
    22  determined in accordance with the following table:
    23    For taxable years beginning after two thousand twenty:
    24  If the city taxable income is:         The tax is:
    25  Not over [$12,000                      1.18% of the city taxable income
    26  Over $12,000 but not                   $142 plus 1.435% of excess
    27  over $25,000] $32,500                    [over $12,000] 0% of the
    28                                           city taxable income
    29  Over [$25,000] $32,500                 $328 plus 1.455% of excess
    30  but not over $50,000                     over [$25,000] $32,500
    31  Over $50,000                           $692 plus 1.48% of excess
    32                                           over $50,000
    33    §  2.  Paragraph 1 of subsection (a) of section 1304-B of the tax law,
    34  as amended by section 4 of part F of chapter 61 of the laws of 2017,  is
    35  amended to read as follows:
    36    (1)  In  addition  to  any other taxes authorized by this article, any
    37  city imposing such taxes is hereby authorized and empowered to adopt and
    38  amend local laws imposing in any such city for each taxable year  begin-
    39  ning  after  nineteen hundred ninety but before two thousand twenty-one,
    40  an additional tax on the city taxable  income  of  every  city  resident
    41  individual,  estate and trust, to be calculated for each taxable year as
    42  follows: (i) for each taxable  year  beginning  after  nineteen  hundred
    43  ninety  but before nineteen hundred ninety-nine, at the rate of fourteen
    44  percent of the sum of the taxes for each such  taxable  year  determined
    45  pursuant  to  section thirteen hundred four and section thirteen hundred
    46  four-A of this article; and (ii) for each taxable year  beginning  after
    47  nineteen  hundred  ninety-eight,  at the rate of fourteen percent of the
    48  tax for such taxable year determined pursuant to such  section  thirteen
    49  hundred four; provided, however, that any taxable income with a tax rate

        S. 851                              3
     1  of  zero  percent shall not be subject to any additional tax pursuant to
     2  this section.
     3    §  3. Subparagraph (A) of paragraph 1, subparagraph (A) of paragraph 2
     4  and subparagraph (A) of paragraph 3 of subsection (a) of section  1304-D
     5  of  the  tax  law,  as added by section 1 of part B of chapter 63 of the
     6  laws of 2003, are amended to read as follows:
     7    (A) For taxable years beginning in two thousand five:
     8  If the city taxable income is:         The tax is:
     9  Not over [$21,600                      2.907% of the city taxable income
    10  Over $21,600 but not                   $628 plus 3.534% of excess
    11  over] $45,000                            [over $21,600] 0% of the city
    12                                           taxable income
    13  Over $45,000 but not                   $1,455 plus 3.591% of excess
    14  over $90,000                             over $45,000
    15  Over $90,000 but not                   $3,071 plus 3.648% of excess
    16  over $150,000                            over $90,000
    17  Over $150,000 but not                  $5,260 plus 4.05% of excess
    18  over $500,000                            over $150,000
    19  Over $500,000                          $19,435 plus 4.45% of excess
    20                                           over $500,000
    21    (A) For taxable years beginning in two thousand five:
    22  If the city taxable income is:         The tax is:
    23  Not over [$14,400                      2.907% of the city taxable income
    24  Over $14,400 but not                   $419 plus 3.534% of excess
    25  over $30,000] $32,500                    [over $14,400] 0% of the
    26                                         city taxable income
    27  Over [$30,000] $32,500 but not         $970 plus 3.591% of excess
    28  over $60,000                             over [$30,000] $32,500
    29  Over $60,000 but not                   $2,047 plus 3.648% of excess
    30  over $125,000                          over $60,000
    31  Over $125,000 but not                  $4,418 plus 4.05% of excess
    32  over $500,000                            over $125,000
    33  Over $500,000                          $19,606 plus 4.45% of excess
    34                                           over $500,000
    35    (A) For taxable years beginning in two thousand five:
    36  If the city taxable income is:         The tax is:
    37  Not over [$12,000                      2.907% of the city taxable income
    38  Over $12,000 but not                   $349 plus 3.534% of excess
    39  over $25,000] $32,500                    [over $12,000] 0% of the
    40                                         city taxable income
    41  Over [$25,000] $32,500 but not         $808 plus 3.591% of excess
    42  over $50,000                             over [$25,000] $32,500
    43  Over $50,000 but not                   $1,706 plus 3.648% of excess
    44  over $100,000                            over $50,000
    45  Over $100,000 but not                  $3,530 plus 4.05% of excess
    46  over $500,000                            over $100,000
    47  Over $500,000                          $19,730 plus 4.45% of excess
    48                                           over $500,000
    49    § 4. This act shall take effect immediately.
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