Bill Text: NY S05359 | 2011-2012 | General Assembly | Introduced


Bill Title: Excludes outside income of nonresident employees or their spouses from being included in New York city personal income tax.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CITIES [S05359 Detail]

Download: New_York-2011-S05359-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5359
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 11, 2011
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the New York  city  charter  in  relation  to  condition
         precedent to employment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subsection a of section 1127 of the New York city charter,
    2  as added by a vote of the people of the city of New York at the  general
    3  election held in November of 1988, is amended to read as follows:
    4    a. Notwithstanding the provisions of any local law, rule or regulation
    5  to  the  contrary,  every person seeking employment with the city of New
    6  York or any of its agencies regardless of civil  service  classification
    7  or  status  shall  sign  an  agreement  as a condition precedent to such
    8  employment to the effect that if such person is or becomes a nonresident
    9  individual as that term is defined in section 11-1706 of the administra-
   10  tive code of the city of New York or any similar provision of such code,
   11  during employment by the city, such person  will  pay  to  the  city  an
   12  amount  by  which  a  city personal income tax on residents computed and
   13  determined as if such person were a resident individual, as  defined  in
   14  such  section,  during  such  employment, exceeds the amount of any city
   15  earnings tax and city personal income tax imposed on such person for the
   16  same taxable period; PROVIDED, HOWEVER, ANY OUTSIDE INCOME OF  ANY  SUCH
   17  EMPLOYEE,  EARNED  OUTSIDE OF NEW YORK CITY, SHALL NOT BE INCLUDED.  ANY
   18  INCOME EARNED OUTSIDE OF NEW YORK CITY BY SUCH EMPLOYEE'S  SPOUSE  SHALL
   19  NOT BE CONSIDERED FOR THE PROVISIONS OF THIS SECTION.  THE PROVISIONS OF
   20  THIS  SECTION  SHALL  NOT  BE  CONSTRUED TO REQUIRE ANY REIMBURSEMENT TO
   21  NON-RESIDENT EMPLOYEES OR THEIR SPOUSES FOR  THE  PERIOD  OF  TIME  SUCH
   22  PAYMENT WAS IN FORCE AND EFFECT.
   23    S 2. This act shall take effect immediately and shall not apply to any
   24  agreement executed on or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02892-03-1
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