Bill Text: NY S05166 | 2019-2020 | General Assembly | Introduced


Bill Title: Imposes a commercial vacancy tax on vacant or abandoned commercial storefronts located in a city with a population of one million or more of one percent of the assessed value of the property.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-04-12 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05166 Detail]

Download: New_York-2019-S05166-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5166
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 12, 2019
                                       ___________
        Introduced  by  Sen. JACKSON -- 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 the imposition of a  commer-
          cial vacancy tax
          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 article 30-C to read
     2  as follows:
     3                                ARTICLE 30-C
     4                           COMMERCIAL VACANCY TAX
     5  Section 1350. Definitions.
     6          1351. Imposition of tax.
     7          1352. Returns and payment of tax.
     8          1353. Deposit and disposition of revenue.
     9          1354. General powers of the commissioner.
    10    § 1350. Definitions. For purposes of this article the following  terms
    11  shall have the following meanings:
    12    1.  "Commercial  storefront"  means area within a building that may be
    13  individually leased or rented for the purpose of carrying on or exercis-
    14  ing any trade, business, profession, vocation or commercial activity.
    15    2. (a) "Vacant or  abandoned"  means  a  commercial  storefront  which
    16  either  (i)  is  unoccupied  and  unsecured;  or  (ii) is unoccupied and
    17  secured by boarding or other similar means; or (iii) is  unoccupied  and
    18  unsafe  as  defined  in the building code of the municipality where such
    19  commercial storefront is located; or (iv) is unoccupied and has multiple
    20  code violations of the building code  of  the  municipality  where  such
    21  commercial  storefront  is  located; or (v) has been unoccupied for over
    22  six months.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11162-02-9

        S. 5166                             2
     1    (b) Notwithstanding paragraph (a) of this subdivision, vacant or aban-
     2  doned shall not include a commercial storefront where  (i)  there  is  a
     3  valid  building  permit  for  repair, rehabilitation, or construction of
     4  such commercial storefront and the owner completes the repair, rehabili-
     5  tation, or construction within one year from the date the initial permit
     6  was  issued, unless the owner establishes that additional time is neces-
     7  sary to complete the repair,  rehabilitation,  or  construction  of  the
     8  commercial storefront in a manner promulgated by the commissioner; or
     9    (ii)  the  owner  or  leaseholder has filed an application for, and is
    10  actively seeking to obtain, authorization, permits or a license required
    11  by state or local law permitting the lawful use  and  occupancy  of  the
    12  commercial storefront; or
    13    (iii) such commercial storefront complies with all provisions of state
    14  and  local  law, is ready for occupancy, and the owner provides evidence
    15  satisfactory to the department that the commercial storefront is active-
    16  ly being offered for sale, lease, or rent. Satisfactory  evidence  shall
    17  include, but is not limited to, evidence that the owner has hired a real
    18  estate  agent  or  other  rental  agent  who advertises and promotes the
    19  commercial storefront for rent,  lease  or  sale,  or  proof  that  such
    20  commercial  storefront  is  offered  for  sale  on  the multiple listing
    21  service or any other comparable real estate listing service.
    22    § 1351. Imposition of tax. Notwithstanding any other provision of this
    23  chapter, or of any other law, for taxable years beginning on  and  after
    24  January  first,  two thousand twenty, an annual tax is hereby imposed on
    25  every taxpayer who is the owner of  a  vacant  or  abandoned  commercial
    26  storefront  located  in  a city with a population of one million or more
    27  equal to one percent  of  the  assessed  value  of  the  property  which
    28  includes such vacant or abandoned commercial storefront.
    29    §  1352.  Returns and payment of tax. 1. Every taxpayer subject to tax
    30  under this section shall, on or before the fifteenth day  of  the  fifth
    31  month  following the close of each of its taxable years, make and file a
    32  return with the commissioner  setting  forth  such  information  as  the
    33  commissioner may prescribe. Every taxpayer which ceases to be subject to
    34  the  tax  imposed  by this article shall make and file a return with the
    35  commissioner on the date of such cessation, or at such other time  which
    36  the  commissioner  may require, covering each taxable year or period for
    37  which no return was theretofore filed, setting forth such information as
    38  the commissioner may require. Every taxpayer shall also file such  other
    39  returns and furnish such other facts and information as the commissioner
    40  may require in the administration of this article.
    41    2. The tax imposed by section thirteen hundred fifty-one of this arti-
    42  cle  shall be payable to the commissioner in full at the time the return
    43  is required to be filed. Such tax imposed on any taxpayer  which  ceases
    44  to be subject to the tax imposed by this article shall be payable to the
    45  commissioner  at  the  time  the  return is required to be filed and all
    46  other taxes of any such taxpayer, which pursuant to  the  provisions  of
    47  this  section  would  otherwise  be  payable subsequent to the time such
    48  return is required to be filed, shall nevertheless be  payable  at  such
    49  time.
    50    3.  The  commissioner  may  grant  a  reasonable extension of time for
    51  filing a return or for payment of a tax imposed by  this  article  under
    52  such conditions as it deems just and proper.
    53    §  1353.  Deposit  and disposition of revenue. All taxes, interest and
    54  penalties collected or received by the commissioner under  this  article
    55  shall be deposited and disposed of pursuant to the provisions of section
    56  one hundred seventy-one-a of this chapter.

        S. 5166                             3
     1    §  1354.  General  powers of the commissioner.  The commissioner shall
     2  have the power to administer and enforce the tax imposed by this article
     3  and the commissioner is authorized to make such rules  and  regulations,
     4  and to require such facts and information to be reported, as the commis-
     5  sioner may deem necessary to enforce the provisions of this article.
     6    § 2. This act shall take effect immediately.
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