Bill Text: NY S02268 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that if a taxpayer has not received the advance payment of credit under the STAR program prior to the end of the taxable year then such taxpayer shall have thirty days to file an application for a STAR exemption.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S02268 Detail]

Download: New_York-2023-S02268-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2268

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the real property tax law and the tax law,  in  relation
          to the school tax relief (STAR) credit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 425 of the real property  tax  law  is  amended  by
     2  adding a new subdivision 18 to read as follows:
     3    18. Notwithstanding any other provision of law, rule, or regulation to
     4  the contrary if a qualified taxpayer has not received an advance payment
     5  of  credit  pursuant  to subparagraph (B) of paragraph ten of subsection
     6  (eee) of section six hundred six of the tax law by December thirty-first
     7  such taxpayer shall be authorized to  apply  for  a  school  tax  relief
     8  exemption pursuant to this section. Such taxpayer shall have thirty days
     9  from  the  last  day of the prior taxable year or the applicable taxable
    10  status date to apply for the exemption,  whichever  is  later;  provided
    11  however  that  for  the two thousand twenty-three tax year such taxpayer
    12  shall have thirty days from the effective date of this subdivision.
    13    § 2. The opening paragraph of subparagraph  (B)  of  paragraph  10  of
    14  subsection  (eee) of section 606 of the tax law, as amended by section 2
    15  of part TT of chapter 59 of the laws of 2017,  is  amended  to  read  as
    16  follows:
    17    On or before the date specified below, [or as soon thereafter as prac-
    18  ticable,]  the commissioner shall determine the eligibility of taxpayers
    19  for this credit utilizing the information available to  him  or  her  as
    20  obtained from the applications submitted on or before July first of that
    21  year, or such later date as may have been prescribed by the commissioner
    22  for  that purpose, and from such other sources as the commissioner deems
    23  reliable and appropriate. For those taxpayers whom the commissioner  has
    24  determined  eligible  for  this credit, the commissioner shall advance a
    25  payment in the amount specified in paragraph three, four or six of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05402-01-3
        S. 2268                             2

     1  subsection, whichever is applicable. Such payment shall be issued by the
     2  date  specified below, or as soon thereafter as is practicable; provided
     3  that if such payment is issued after such date, it shall be  subject  to
     4  interest  at the rate prescribed by subparagraph (A) of paragraph two of
     5  subsection (j) of section six  hundred  ninety-seven  of  this  article.
     6  Nothing  contained  herein  shall be deemed to preclude the commissioner
     7  from issuing payments after  such  date  to  qualified  taxpayers  whose
     8  applications were made after July first of that year, or such later date
     9  as may have been prescribed by the commissioner for such purpose.
    10    § 3. This act shall take effect immediately.