Bill Text: NY S06569 | 2013-2014 | General Assembly | Introduced


Bill Title: Establishes an income tax credit for flood victims in the town of West Seneca, county of Erie in the amount of property taxes paid on property which sustained substantial damage as a result of flooding in the period from January 6, 2014 to and including January 13, 2014.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06569 Detail]

Download: New_York-2013-S06569-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6569
                                   I N  S E N A T E
                                   February 6, 2014
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 establishing an  income  tax
         credit  for  flood victims in the town of West Seneca in the amount of
         property taxes paid on property which sustained substantial damage  as
         a result of flooding in the period from January 6, 2014 to and includ-
         ing January 13, 2014
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subsections (yy) and (zz) of section 606 of the tax law, as
    2  relettered by section 5 of part H of chapter 1 of the laws of 2003,  are
    3  relettered subsections (yyy) and (zzz) and a new subsection (y) is added
    4  to read as follows:
    5    (Y)  TAX  CREDIT  FOR  VICTIMS OF FLOODING IN THE TOWN OF WEST SENECA,
    6  COUNTY OF ERIE DURING THE PERIOD FROM JANUARY SIXTH, TWO THOUSAND  FOUR-
    7  TEEN TO AND INCLUDING JANUARY THIRTEENTH, TWO THOUSAND FOURTEEN.
    8    (1) ALLOWANCE OF CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CRED-
    9  IT FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN, TO
   10  BE  COMPUTED  AS  HEREINAFTER  PROVIDED, AGAINST THE TAX IMPOSED BY THIS
   11  ARTICLE. FOR PURPOSES OF THIS PARAGRAPH, THE TERM  "QUALIFIED  TAXPAYER"
   12  MEANS A BUSINESS OR RESIDENT TAXPAYER.
   13    (2)  AMOUNT  OF CREDIT. (A) THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO
   14  THE AMOUNT OF SCHOOL TAXES PAID FOR THE TWO THOUSAND THIRTEEN--TWO THOU-
   15  SAND FOURTEEN SCHOOL YEAR AND THE AMOUNT OF ANY TOWN  AND  COUNTY  TAXES
   16  PAID  IN TAXABLE YEAR TWO THOUSAND FOURTEEN WITH RESPECT TO ANY PROPERTY
   17  WHICH RECEIVED SUBSTANTIAL DAMAGE AS A RESULT OF SEVERE FLOODING  DURING
   18  THE  PERIOD  OF  JANUARY  SIXTH,  TWO THOUSAND FOURTEEN TO JANUARY THIR-
   19  TEENTH, TWO THOUSAND FOURTEEN,  INCLUSIVE.  (B)  FOR  PURPOSES  OF  THIS
   20  SUBSECTION,  THE  TERM  "SUBSTANTIAL  DAMAGE" MEANS DAMAGE OF ANY ORIGIN
   21  SUSTAINED BY A STRUCTURE WHEREBY THE COST OF RESTORING THE STRUCTURE  TO
   22  ITS  BEFORE DAMAGED CONDITION WOULD EQUAL OR EXCEED FIFTY PERCENT OF THE
   23  MARKET VALUE OF THE STRUCTURE BEFORE THE DAMAGE OCCURRED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13860-01-4
       S. 6569                             2
    1    (3) ELIGIBILITY. (A) THE  CREDIT  SHALL  ONLY  BE  ALLOWED  WHERE  THE
    2  AFFECTED  PROPERTY  IS  LOCATED  WITHIN THE TOWN OF WEST SENECA. (B) THE
    3  CREDIT UNDER THIS SUBSECTION SHALL ONLY BE ALLOWED IF  THE  PROPERTY  IS
    4  CONSIDERED THE TAXPAYER'S PRIMARY RESIDENCE.
    5    (4)  APPLICATION OF CREDIT. IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS
    6  SUBSECTION SHALL EXCEED THE TAXPAYER'S TAX FOR  SUCH  YEAR,  THE  EXCESS
    7  SHALL  BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
    8  ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF  THE
    9  TAX LAW, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   10    S 2. This act shall take effect immediately.
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