Bill Text: NY S05277 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to increasing income tax rates on incomes over one million dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05277 Detail]

Download: New_York-2011-S05277-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5277
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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  increases  on  income  tax
         rates on incomes over one million dollars
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subsections (a), (b), and (c) of section  601  of  the  tax
    2  law,  as  amended  by section 1 of part Z-1 of chapter 57 of the laws of
    3  2009, are amended to read as follows:
    4    (a) Resident married individuals filing  joint  returns  and  resident
    5  surviving  spouses. There is hereby imposed for each taxable year on the
    6  New York taxable income of every resident married individual who makes a
    7  single return jointly with his spouse under subsection  (b)  of  section
    8  six  hundred fifty-one and on the New York taxable income of every resi-
    9  dent surviving spouse a tax determined in accordance with the  following
   10  tables:
   11    (1)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE
   12  TWO THOUSAND THIRTEEN:
   13  IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
   14  NOT OVER $16,000                      4% OF THE NEW YORK TAXABLE
   15                                        INCOME
   16  OVER $16,000 BUT NOT OVER $22,000     $640 PLUS 4.5% OF EXCESS OVER
   17                                        $16,000
   18  OVER $22,000 BUT NOT OVER $26,000     $910 PLUS 5.25% OF EXCESS OVER
   19                                        $22,000
   20  OVER $26,000 BUT NOT OVER $40,000     $1,120 PLUS 5.9% OF EXCESS OVER
   21                                        $26,000
   22  OVER $40,000 BUT NOT OVER $1,000,000  $1,946 PLUS 6.85% OF EXCESS OVER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10917-01-1
       S. 5277                             2
    1                                        $40,000
    2  OVER $1,000,000                       $67,706 PLUS 8.97% OF EXCESS OVER
    3                                        $1,000,000
    4    (2)  For  taxable  years beginning after two thousand eight and before
    5  two thousand twelve:
    6  If the New York taxable income is:    The tax is:
    7  Not over $16,000                      4% of the New York taxable
    8                                        income
    9  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
   10                                        $16,000
   11  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
   12                                        $22,000
   13  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   14                                        $26,000
   15  Over $40,000 but not over $300,000    $1,946 plus 6.85% of excess over
   16                                        $40,000
   17  Over $300,000 but not over $500,000   $19,756 plus 7.85% of excess over
   18                                        $300,000
   19  Over $500,000                         $35,456 plus 8.97% of excess over
   20                                        $500,000
   21  [(2)] (3) For taxable years beginning after two thousand five and before
   22  two thousand nine and after two thousand [eleven] TWELVE:
   23  If the New York taxable income is:    The tax is:
   24  Not over $16,000                      4% of the New York taxable
   25                                        income
   26  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
   27                                        $16,000
   28  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
   29                                        $22,000
   30  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   31                                        $26,000
   32  Over $40,000                          $1,946 plus 6.85% of excess over
   33                                        $40,000
   34    [(3)] (4) For taxable years beginning in two thousand five:
   35  If the New York taxable income is:    The tax is:
   36  Not over $16,000                      4% of the New York taxable
   37                                        income
   38  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
   39                                        $16,000
   40  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
   41                                        $22,000
   42  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   43                                        $26,000
   44  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
   45                                        $40,000
   46  Over $150,000 but not over $500,000   $9,481 plus 7.25% of excess over
   47                                        $150,000
   48  Over $500,000                         $34,856 plus 7.7% of excess over
   49                                        $500,000
       S. 5277                             3
    1    [(4)] (5) For taxable years beginning in two thousand four:
    2  If the New York taxable income is:    The tax is:
    3  Not over $16,000                      4% of the New York taxable
    4                                        income
    5  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
    6                                        $16,000
    7  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
    8                                        $22,000
    9  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   10                                        $26,000
   11  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
   12                                        $40,000
   13  Over $150,000 but not over $500,000   $9,481 plus 7.375% of excess over
   14                                        $150,000
   15  Over $500,000                         $35,294 plus 7.7% of excess over
   16                                        $500,000
   17    [(5)] (6) For taxable years beginning in two thousand three:
   18  If the New York taxable income is:    The tax is:
   19  Not over $16,000                      4% of the New York taxable
   20                                        income
   21  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
   22                                        $16,000
   23  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
   24                                        $22,000
   25  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   26                                        $26,000
   27  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
   28                                        $40,000
   29  Over $150,000 but not over $500,000   $9,481 plus 7.5% of excess over
   30                                        $150,000
   31  Over $500,000                         $35,731 plus 7.7% of excess over
   32                                        $500,000
   33    [(6)]  (7)  For taxable years beginning after nineteen hundred ninety-
   34  six and before two thousand three:
   35  If the New York taxable income is:    The tax is:
   36  Not over $16,000                      4% of the New York taxable
   37                                        income
   38  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
   39                                        $16,000
   40  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
   41                                        $22,000
   42  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
   43                                        $26,000
   44  Over $40,000                          $1,946 plus 6.85% of excess over
   45                                        $40,000
   46    [(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
   47  If the New York taxable income is:    The tax is:
   48  Not over $11,000                      4% of the New York taxable
       S. 5277                             4
    1                                        income
    2  Over $11,000 but not over $16,000     $440 plus 5% of excess over
    3                                        $11,000
    4  Over $16,000 but not over $22,000     $690 plus 6% of excess over
    5                                        $16,000
    6  Over $22,000                          $1,050 plus 7% of excess over
    7                                        $22,000
    8    [(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
    9  If the New York taxable income is:    The tax is:
   10  Not over $13,000                      4.55% of the New York taxable
   11                                        income
   12  Over $13,000 but not over $19,000     $592 plus 5.55% of excess over
   13                                        $13,000
   14  Over $19,000 but not over $25,000     $925 plus 6.55% of excess over
   15                                        $19,000
   16  Over $25,000                          $1,318 plus 7.5% of excess over
   17                                        $25,000
   18    [(9)]  (10) For taxable years beginning after nineteen hundred eighty-
   19  nine and before nineteen hundred ninety-five:
   20  If the New York taxable income is:    The tax is:
   21  Not over $11,000                      4% of the New York taxable
   22                                        income
   23  Over $11,000 but not over $16,000     $440 plus 5% of excess over
   24                                        $11,000
   25  Over $16,000 but not over $22,000     $690 plus 6% of excess over
   26                                        $16,000
   27  Over $22,000 but not over $26,000     $1,050 plus 7% of excess over
   28                                        $22,000
   29  Over $26,000                          $1,330 plus 7.875% of excess over
   30                                        $26,000
   31    (b) Resident heads of households. There is  hereby  imposed  for  each
   32  taxable  year on the New York taxable income of every resident head of a
   33  household a tax determined in accordance with the following tables:
   34    (1) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN  AND  BEFORE
   35  TWO THOUSAND THIRTEEN:
   36  IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
   37  NOT OVER $11,000                      4% OF THE NEW YORK TAXABLE
   38                                        INCOME
   39  OVER $11,000 BUT NOT OVER $15,000     $440 PLUS 4.5% OF EXCESS OVER
   40                                        $11,000
   41  OVER $15,000 BUT NOT OVER $17,000     $620 PLUS 5.25% OF EXCESS OVER
   42                                        $15,000
   43  OVER $17,000 BUT NOT OVER $30,000     $725 PLUS 5.9% OF EXCESS OVER
   44                                        $17,000
   45  OVER $30,000 BUT NOT OVER $1,000,000  $1,492 PLUS 6.85% OF EXCESS OVER
   46                                        $30,000
   47  OVER $1,000,000                       $67,937 PLUS 8.97% OF EXCESS OVER
   48                                        $1,000,000
   49    (2)  For  taxable  years beginning after two thousand eight and before
   50  two thousand twelve:
       S. 5277                             5
    1  If the New York taxable income is:    The tax is:
    2  Not over $11,000                      4% of the New York taxable
    3                                        income
    4  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    5                                        $11,000
    6  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    7                                        $15,000
    8  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    9                                        $17,000
   10  Over $30,000 but not over $250,000    $1,492 plus 6.85% of excess over
   11                                        $30,000
   12  Over $250,000 but not over $500,000   $16,562 plus 7.85% of excess over
   13                                        $250,000
   14  Over $500,000                         $36,187 plus 8.97% of excess over
   15                                        $500,000
   16    [(2)]  (3)  For  taxable  years  beginning after two thousand five and
   17  before two thousand nine and after two thousand [eleven] TWELVE:
   18  If the New York taxable income is:    The tax is:
   19  Not over $11,000                      4% of the New York taxable
   20                                        income
   21  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
   22                                        $11,000
   23  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
   24                                        $15,000
   25  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
   26                                        $17,000
   27  Over $30,000                          $1,492 plus 6.85% of excess over
   28                                        $30,000
   29    [(3)] (4) For taxable years beginning in two thousand five:
   30  If the New York taxable income is:    The tax is:
   31  Not over $11,000                      4% of the New York taxable
   32                                        income
   33  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
   34                                        $11,000
   35  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
   36                                        $15,000
   37  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
   38                                        $17,000
   39  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
   40                                        $30,000
   41  Over $125,000 but not over $500,000   $8,000 plus 7.25% of excess over
   42                                        $125,000
   43  Over $500,000                         $35,187 plus 7.7% of excess over
   44                                        $500,000
   45    [(4)] (5) For taxable years beginning in two thousand four:
   46  If the New York taxable income is:    The tax is:
   47  Not over $11,000                      4% of the New York taxable
   48                                        income
   49  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
       S. 5277                             6
    1                                        $11,000
    2  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    3                                        $15,000
    4  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    5                                        $17,000
    6  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
    7                                        $30,000
    8  Over $125,000 but not over $500,000   $8,000 plus 7.375% of excess over
    9                                        $125,000
   10  Over $500,000                         $35,656 plus 7.7% of excess over
   11                                        $500,000
   12    [(5)] (6) For taxable years beginning in two thousand three:
   13  If the New York taxable income is:    The tax is:
   14  Not over $11,000                      4% of the New York taxable
   15                                        income
   16  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
   17                                        $11,000
   18  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
   19                                        $15,000
   20  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
   21                                        $17,000
   22  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
   23                                        $30,000
   24  Over $125,000 but not over $500,000   $8,000 plus 7.5% of excess over
   25                                        $125,000
   26  Over $500,000                         $36,125 plus 7.7% of excess over
   27                                        $500,000
   28    [(6)]  (7)  For taxable years beginning after nineteen hundred ninety-
   29  six and before two thousand three:
   30  If the New York taxable income is:    The tax is:
   31  Not over $11,000                      4% of the New York taxable
   32                                        income
   33  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
   34                                        $11,000
   35  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
   36                                        $15,000
   37  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
   38                                        $17,000
   39  Over $30,000                          $1,492 plus 6.85% of excess over
   40                                        $30,000
   41    [(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
   42  If the New York taxable income is:    The tax is:
   43  Not over $7,500                       4% of the New York taxable
   44                                        income
   45  Over $7,500 but not over $11,000      $300 plus 5% of excess over
   46                                        $7,500
   47  Over $11,000 but not over $15,000     $475 plus 6% of excess over
   48                                        $11,000
   49  Over $15,000                          $ 715 plus 7% of excess over
   50                                        $15,000
       S. 5277                             7
    1    [(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
    2  If the New York taxable income is:    The tax is:
    3  Not over $9,000                       4.55% of the New York taxable
    4                                        income
    5  Over $9,000 but not over $14,000      $410 plus 5.55% of excess over
    6                                        $9,000
    7  Over $14,000 but not over $19,000     $687 plus 6.55% of excess over
    8                                        $14,000
    9  Over $19,000                          $1,015 plus 7.5% of excess over
   10                                        $19,000
   11    [(9)]  (10) For taxable years beginning after nineteen hundred eighty-
   12  nine and before nineteen hundred ninety-five:
   13  If the New York taxable income is:    The tax is:
   14  Not over $7,500                       4% of the New York taxable
   15                                        income
   16  Over $7,500 but not over $11,000      $300 plus 5% of excess over
   17                                        $7,500
   18  Over $11,000 but not over $15,000     $475 plus 6% of excess over
   19                                        $11,000
   20  Over $15,000 but not over $17,000     $715 plus 7% of excess over
   21                                        $15,000
   22  Over $17,000                          $855 plus 7.875% of excess over
   23                                        $17,000
   24    (c)  Resident  unmarried  individuals,  resident  married  individuals
   25  filing separate returns and resident estates and trusts. There is hereby
   26  imposed  for  each  taxable year on the New York taxable income of every
   27  resident individual who is not a married individual who makes  a  single
   28  return  jointly  with  his  spouse  under  subsection (b) of section six
   29  hundred fifty-one or a resident  head  of  a  household  or  a  resident
   30  surviving  spouse,  and on the New York taxable income of every resident
   31  estate and trust a tax  determined  in  accordance  with  the  following
   32  tables:
   33    (1)  FOR  TAXABLE YEARS BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE
   34  TWO THOUSAND THIRTEEN:
   35  IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
   36  NOT OVER $8,000                       4% OF THE NEW YORK TAXABLE
   37                                        INCOME
   38  OVER $8,000 BUT NOT OVER $11,000      $320 PLUS 4.5% OF EXCESS OVER
   39                                        $8,000
   40  OVER $11,000 BUT NOT OVER $13,000     $455 PLUS 5.25% OF EXCESS OVER
   41                                        $11,000
   42  OVER $13,000 BUT NOT OVER $20,000     $560 PLUS 5.9% OF EXCESS OVER
   43                                        $13,000
   44  OVER $20,000 BUT NOT OVER $1,000,000  $973 PLUS 6.85% OF EXCESS OVER
   45                                        $20,000
   46  OVER $1,000,000                       $68,103 PLUS 8.97% OF EXCESS OVER
   47                                        $1,000,000
   48  (2) For taxable years beginning after two thousand eight and before  two
   49  thousand twelve:
       S. 5277                             8
    1  If the New York taxable income is:    The tax is:
    2  Not over $8,000                       4% of the New York taxable
    3                                        income
    4  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
    5                                        $8,000
    6  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    7                                        $11,000
    8  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    9                                        $13,000
   10  Over $20,000 but not over $200,000    $973 plus 6.85% of excess over
   11                                        $20,000
   12  Over $200,000 but not over $500,000   $13,303 plus 7.85% of excess over
   13                                        $200,000
   14  Over $500,000                         $36,853 plus 8.97% of excess over
   15                                        $500,000
   16    [(2)]  (3)  For  taxable  years  beginning after two thousand five and
   17  before two thousand nine and after two thousand [eleven] TWELVE:
   18  If the New York taxable income is:    The tax is:
   19  Not over $8,000                       4% of the New York taxable
   20                                        income
   21  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
   22                                        $8,000
   23  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
   24                                        $11,000
   25  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
   26                                        $13,000
   27  Over $20,000                          $973 plus 6.85% of excess over
   28                                        $20,000
   29    [(3)] (4) For taxable years beginning in two thousand five:
   30  If the New York taxable income is:    The tax is:
   31  Not over $8,000                       4% of the New York taxable
   32                                        income
   33  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
   34                                        $8,000
   35  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
   36                                        $11,000
   37  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
   38                                        $13,000
   39  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
   40                                        $20,000
   41  Over $100,000 but not over $500,000   $6,453 plus 7.25% of excess over
   42                                        $100,000
   43  Over $500,000                         $35,453 plus 7.7% of excess over
   44                                        $500,000
   45    [(4)] (5) For taxable years beginning in two thousand four:
   46  If the New York taxable income is:    The tax is:
   47  Not over $8,000                       4% of the New York taxable
   48                                        income
   49  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
       S. 5277                             9
    1                                        $8,000
    2  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    3                                        $11,000
    4  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    5                                        $13,000
    6  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
    7                                        $20,000
    8  Over $100,000 but not over $500,000   $6,453 plus 7.375% of excess over
    9                                        $100,000
   10  Over $500,000                         $35,953 plus 7.7% of excess over
   11                                        $500,000
   12    [(5)] (6) For taxable years beginning in two thousand three:
   13  If the New York taxable income is:    The tax is:
   14  Not over $8,000                       4% of the New York taxable
   15                                        income
   16  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
   17                                        $8,000
   18  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
   19                                        $11,000
   20  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
   21                                        $13,000
   22  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
   23                                        $20,000
   24  Over $100,000 but not over $500,000   $6,453 plus 7.5% of excess over
   25                                        $100,000
   26  Over $500,000                         $36,453 plus 7.7% of excess over
   27                                        $500,000
   28    [(6)]  (7)  For taxable years beginning after nineteen hundred ninety-
   29  six and before two thousand three:
   30  If the New York taxable income is:    The tax is:
   31  Not over $8,000                       4% of the New York taxable
   32                                        income
   33  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
   34                                        $8,000
   35  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
   36                                        $11,000
   37  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
   38                                        $13,000
   39  Over $20,000                          $973 plus 6.85% of excess over
   40                                        $20,000
   41    [(7)] (8) For taxable years beginning in nineteen hundred ninety-six:
   42  If the New York taxable income is:    The tax is:
   43  Not over $5,500                       4% of the New York taxable
   44                                        income
   45  Over $5,500 but not over $8,000       $220 plus 5% of excess over
   46                                        $5,500
   47  Over $8,000 but not over $11,000      $345 plus 6% of excess over
   48                                        $8,000
   49  Over $11,000                          $525 plus 7% of excess over
   50                                        $11,000
       S. 5277                            10
    1    [(8)] (9) For taxable years beginning in nineteen hundred ninety-five:
    2  If the New York taxable income is:    The tax is:
    3  Not over $6,500                       4.55% of the New York taxable
    4                                        income
    5  Over $6,500 but not over $9,500       $296 plus 5.55% of excess over
    6                                        $6,500
    7  Over $9,500 but not over $12,500      $462 plus 6.55% of excess over
    8                                        $9,500
    9  Over $12,500                          $659 plus 7.5% of excess over
   10                                        $12,500
   11    [(9)]  (10) For taxable years beginning after nineteen hundred eighty-
   12  nine and before nineteen hundred ninety-five:
   13  If the New York taxable
   14  income is:                            The tax is:
   15  Not over $5,500                       4% of the New York taxable
   16                                        income
   17  Over $5,500 but not over $8,000       $220 plus 5% of excess over
   18                                        $5,500
   19  Over $8,000 but not over $11,000      $345 plus 6% of excess over
   20                                        $8,000
   21  Over $11,000 but not over $13,000     $525 plus 7% of excess over
   22                                        $11,000
   23  Over $13,000                          $665 plus 7.875% of excess over
   24                                        $13,000
   25    S 2. Subparagraph (B) of paragraph 3 of subsection (d) of section  601
   26  of the tax law, as amended by section 3 of part Z-1 of chapter 57 of the
   27  laws of 2009, is amended to read as follows:
   28    (B)  For  such  taxpayers with adjusted gross income over five hundred
   29  thousand dollars, for taxable years beginning after two  thousand  eight
   30  and before two thousand twelve, the fraction is computed as follows: the
   31  numerator  is  the lesser of fifty thousand dollars or the excess of New
   32  York adjusted gross income for the taxable year over five hundred  thou-
   33  sand dollars and the denominator is fifty thousand dollars.  FOR TAXABLE
   34  YEARS  BEGINNING AFTER TWO THOUSAND ELEVEN AND BEFORE TWO THOUSAND THIR-
   35  TEEN, THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS  THE  LESSER
   36  OF  FIFTY  THOUSAND  DOLLARS  OR  THE  EXCESS OF NEW YORK ADJUSTED GROSS
   37  INCOME FOR THE TAXABLE YEAR OVER ONE MILLION DOLLARS AND THE DENOMINATOR
   38  IS FIFTY THOUSAND DOLLARS. Provided, however, that the total  tax  prior
   39  to  the application of any tax credits shall not exceed the highest rate
   40  of tax set forth in the tax table in  subsection  (a)  of  this  section
   41  multiplied by the taxpayer's taxable income.
   42    S  3. Clause (ii) of subparagraph (B) of paragraph 3 of subsection (c)
   43  of section 685 of the tax law is amended by adding  a  new  undesignated
   44  paragraph to read as follows:
   45    FURTHER  PROVIDED  THAT  THE TAX SHOWN ON SUCH RETURN FOR TAXABLE YEAR
   46  BEGINNING IN TWO THOUSAND ELEVEN SHALL BE CALCULATED  AS  IF  SUCH  YEAR
   47  BEGAN IN TWO THOUSAND TWELVE.
   48    S  4. Notwithstanding any provision of law to the contrary, the method
   49  of determining the amount to be deducted  and  withheld  from  wages  on
   50  account  of  taxes imposed by or pursuant to the authority of article 22
   51  of the tax law in connection with the implementation of  the  provisions
   52  of  this  act  shall be prescribed by regulations of the commissioner of
       S. 5277                            11
    1  taxation and finance with due consideration to the effect such withhold-
    2  ing tables and methods would have on the receipt and amount of  revenue.
    3  The  commissioner  of taxation and finance shall adjust such withholding
    4  tables  and  methods  in  regard  to taxable years beginning in 2012 and
    5  after in such manner as to result, so far as practicable, in withholding
    6  from an employee's wages an amount substantially equivalent to  the  tax
    7  reasonably estimated to be due for such taxable years as a result of the
    8  provisions  of  this act. Provided, however, for tax year 2012 the with-
    9  holding tables shall reflect  as  accurately  as  practicable  the  full
   10  amount  of  tax  year  2012 liability so that such amount is withheld by
   11  December 31, 2012. Any such regulations to implement a change  in  with-
   12  holding tables and methods for tax year 2012 shall be adopted and effec-
   13  tive as soon as practicable and the commissioner of taxation and finance
   14  may  adopt  such  regulations  on  an  emergency  basis  notwithstanding
   15  anything to the contrary in section  202  of  the  state  administrative
   16  procedure  act.  In  carrying out his or her duties and responsibilities
   17  under this section, the commissioner of taxation and finance may  accom-
   18  pany  such a rule making procedure with a similar procedure with respect
   19  to the taxes required to be deducted and withheld by local laws imposing
   20  taxes pursuant to the authority of articles 30, 30-A and 30-B of the tax
   21  law, the provisions of any other law in relation to such a procedure  to
   22  the contrary notwithstanding.
   23    S  5.  The  commissioner  of  taxation and finance shall take steps to
   24  publicize the necessary adjustments to estimated tax and, to the  extent
   25  reasonably possible, to inform the taxpayer of the tax liability changes
   26  made by this act.
   27    S 6. This act shall take effect immediately and shall apply to taxable
   28  years beginning on or after January 1, 2012.
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