Bill Text: NY S02829 | 2017-2018 | General Assembly | Amended

---

Bill Title: Creates a disabled person retrofit tax credit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A5333A [S02829 Detail]

Download: New_York-2017-S02829-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         2829--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT  to amend the tax law, in relation to creating a disabled person
          retrofit tax credit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  606  of  the  tax law is amended by adding a new
     2  subsection (jjj) to read as follows:
     3    (jjj) Disabled person retrofit  tax  credit.  (1)  For  taxable  years
     4  beginning  on  or after January first, two thousand nineteen, a taxpayer
     5  shall be allowed a credit,  to  be  computed  as  hereinafter  provided,
     6  against  the tax imposed by this article. The amount of the credit shall
     7  be equal to thirty percent of the cost of the expenditures made  by  the
     8  taxpayer with respect to the installation of qualified improvements at a
     9  dwelling  occupied  by  the taxpayer as his or her primary residence and
    10  may be allowed in the taxable year in which the expenditure is incurred;
    11  provided that the lifetime credit allowable with regard to  expenditures
    12  for  the installation of qualified improvements at a particular dwelling
    13  by any taxpayer shall not exceed five thousand dollars in the  aggregate
    14  for  improvements  made  to  that dwelling. Subject to the provisions of
    15  this subsection, a taxpayer shall be allowed a  credit,  not  to  exceed
    16  five  thousand  dollars  in  the  aggregate,  for each dwelling that the
    17  taxpayer occupies as his or her  primary  residence  and  at  which  the
    18  taxpayer installs qualified improvements.
    19    (2)  As  used  in  this  subsection "qualified improvements" means the
    20  installation of:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06269-03-8
        S. 2829--A                          2
     1    (A) a no-step entrance or entrances allowing  access  into  the  resi-
     2  dence;
     3    (B)  interior  passage doors providing at least a thirty-two inch wide
     4  opening;
     5    (C) reinforcements in bathroom walls  allowing  installation  of  grab
     6  bars around the toilet, tub and shower; and
     7    (D) light switches and outlets placed in locations accessible to disa-
     8  bled persons.
     9    (3)  If  the  amount  of  credit allowable under this subsection shall
    10  exceed the taxpayer's tax for such year, the excess may be carried  over
    11  to  the  following year or years and may be deducted from the taxpayer's
    12  tax for such year or years.
    13    (4) (A) The provisions of this  subsection  shall  not  apply  to  any
    14  dwelling owned solely for commercial purposes. In the case of a building
    15  where  less  than  the  entire  building  is  used as a residence of the
    16  taxpayer, only the portion of the total expenditures made in the  build-
    17  ing  that  is  attributable  to  the  residence of the taxpayer shall be
    18  treated as qualified expenditures for the purposes of this subsection.
    19    (B) If the taxpayer occupies the dwelling as his or her primary  resi-
    20  dence  for  only  a  portion  of a tax year in which a credit under this
    21  subsection is claimed, the amount  of  the  allowable  credit  shall  be
    22  reduced  in proportion to the amount of time the taxpayer did not occupy
    23  the dwelling as his or her primary residence.
    24    (C) In the case of a dwelling that is owned by and is a  residence  of
    25  two  or  more persons, other than a husband and wife, the portion of the
    26  total expenditures made in the rehabilitation of the  building  that  is
    27  attributable  to each taxpayer shall be equal to the taxpayer's share of
    28  ownership in such building.
    29    (5) The taxpayer shall furnish such information  as  the  commissioner
    30  determines is necessary to determine any credit under this subsection.
    31    (6)  The  aggregate amount of tax credits allowed shall be one million
    32  dollars each year. Such aggregate amount of credits shall  be  allocated
    33  by  the  department  among taxpayers in order of priority based upon the
    34  date of filing. If the total amount of allocated credits applied for  in
    35  any  particular year exceeds the aggregate amount of tax credits allowed
    36  for such year under this section, such excess shall be treated as having
    37  been applied for on the first day of the subsequent year.
    38    § 2. This act shall take effect immediately and  shall  be  deemed  to
    39  have  been  in  full  force  and  effect  on  and after January 1, 2019;
    40  provided further, this act shall apply to all tax years commencing on or
    41  after January 1, 2019.