Bill Text: NY S02581 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes a childhood education surcharge on the personal income tax for cities having a population of one million or more persons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02581 Detail]

Download: New_York-2019-S02581-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2581
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sen.  BAILEY -- 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  authorizing  a  childhood
          education  surcharge  on  the  personal income tax for cities having a
          population of one million or  more  persons;  and  providing  for  the
          repeal of such provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The tax law is amended by adding a new  section  1304-E  to
     2  read as follows:
     3    § 1304-E. Tax surcharge for early childhood education. (a) In addition
     4  to  the  taxes  authorized by subsection (a) of section thirteen hundred
     5  one of this article, any city having a population of one million or more
     6  persons that imposes such taxes is hereby authorized  and  empowered  to
     7  adopt  and  amend  local  laws imposing in any such city for all taxable
     8  years beginning on or after January first, two thousand  twenty,  a  tax
     9  surcharge  on  the  city  taxable  income of every city resident married
    10  individuals filing joint returns, resident  married  individuals  filing
    11  separate  returns,  resident surviving spouses, resident heads of house-
    12  holds, resident unmarried individuals, and resident estates and  trusts,
    13  at a rate of up to:
    14  If the city taxable income is:          the tax surcharge is:
    15  Not over $500,000                       0
    16  Over $500,000                           4.3 % of city taxable income
    17    (b)  A city imposing a tax surcharge pursuant to the authority of this
    18  section may, by local law, impose such surcharge at a rate that is  less
    19  than  the  percentages  set forth in subsection (a) of this section, and
    20  may impose such tax at more than one  rate  depending  upon  the  filing
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05468-01-9
        S. 2581                             2
     1  status and city taxable income of such city resident individual, estate,
     2  or trust.
     3    (c)  A tax surcharge imposed pursuant to the authority of this section
     4  shall be administered, collected, and distributed by the commissioner in
     5  the same manner as the other taxes imposed pursuant to the authority  of
     6  this  article,  and  all  of  the  provisions of this article, including
     7  section thirteen hundred ten of this article, shall  apply  to  the  tax
     8  surcharge  authorized  by  this  section;  provided,  however,  that the
     9  provisions of section thirteen hundred thirteen of this article  direct-
    10  ing payment of taxes to the New York city transitional finance authority
    11  shall not apply to any such surcharge.
    12    (d)  Notwithstanding any provision of this section or of section thir-
    13  teen hundred thirteen of this article to the contrary, the total revenue
    14  from the tax  surcharge  imposed  pursuant  to  the  authority  of  this
    15  section,  including  interest and penalties, which the state comptroller
    16  is required to pay to the chief fiscal officer of the city imposing  the
    17  tax  surcharge for payment into the treasury of such city shall be cred-
    18  ited to the general fund of such city and shall be  applied  exclusively
    19  to  or  in  aid  or support of the early childhood education programs of
    20  such city.
    21    (e) A local law enacted pursuant to this section shall  be  applicable
    22  only  if  it  has  been  enacted on or before December thirty-first, two
    23  thousand nineteen.  A certified copy of such local law shall  be  mailed
    24  by  registered  mail  to  the  department at its office in Albany within
    25  fifteen days of its enactment. However, the department may  allow  addi-
    26  tional time for such certified copy to be mailed if it deems such action
    27  to be consistent with its duties under this article.
    28    § 2. This act shall take effect immediately and shall apply to all tax
    29  years  commencing  on and after January 1, 2020; provided, however, that
    30  the provisions of this act shall expire and be deemed repealed  December
    31  31, 2024.