NY State Senate Bill 2009-S1594

Senate Bill S1594

2009-2010 Legislative Session

Establishes a credit against personal income taxes for certain tuition expenses and modifies income; repealer

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Feb 03, 2009	referred to investigations and government operations

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2009-S1594 (ACTIVE) - Details

See Assembly Version of this Bill:: A7244
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, rpld & add §612 sub§ (j), Tax L; rpld & add §11-1712 sub (j), NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:: S1436

2009-S1594 (ACTIVE) - Summary

Establishes a credit against personal income taxes for certain tuition expenses for taxpayers who qualify for an earned income tax credit, in the amount of 10% of the EIC, up to $500 per eligible dependent child; provides for a modification of gross taxable income for elementary and secondary school tuition for personal income tax purposes.

2009-S1594 (ACTIVE) - Sponsor Memo

2009-S1594 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1594

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  DeFRANCISCO, HANNON, O. JOHNSON,
  LANZA, MORAHAN, VOLKER -- 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 a credit against personal
  income taxes for certain tuition expenses; to amend the  tax  law  and
  the  administrative  code  of  the  city  of  New York, in relation to
  providing for  a  modification  of  elementary  and  secondary  school
  tuition  for  personal  income  tax  purposes;  and  repealing certain
  provisions of such laws relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (qq) to read as follows:
  (QQ) TUITION TAX CREDIT. (1) GENERAL. A  RESIDENT  TAXPAYER  SHALL  BE
ALLOWED  A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE, IN THE AMOUNT
OF TEN PERCENT OF THE EARNED INCOME  CREDIT  SUCH  TAXPAYER  IS  ALLOWED
UNDER SECTION THIRTY-TWO OF THE INTERNAL REVENUE CODE FOR THE SAME TAXA-
BLE YEAR, MULTIPLIED BY THE NUMBER OF DEPENDENTS ATTENDING AN ELEMENTARY
OR  SECONDARY  PUBLIC  OR  NONPUBLIC  SCHOOL ON A FULL-TIME BASIS FOR AT
LEAST THREE MONTHS DURING THE REGULAR SCHOOL YEAR, FOR THE EDUCATION  OF
SUCH DEPENDENT IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED THAT SUCH
CREDIT  SHALL  NOT  EXCEED  FIVE HUNDRED DOLLARS PER DEPENDENT CHILD AND
PROVIDED FURTHER THAT  SUCH  TAXPAYER  IS  ALLOWED  AN  EXEMPTION  UNDER
SECTION  SIX  HUNDRED  SIXTEEN  OF  THIS ARTICLE FOR SUCH DEPENDENT. THE
CREDIT UNDER THIS SUBSECTION SHALL NOT EXCEED THE AMOUNT PAID  FOR  EACH
SUCH  DEPENDENT  IN  TUITION  TO  SUCH ELEMENTARY OR SECONDARY PUBLIC OR
NONPUBLIC SCHOOL FOR SUCH EDUCATION OF SUCH DEPENDENT.
  (2) DEFINITIONS. (A) "TUITION", AS USED IN THIS SUBSECTION, SHALL MEAN
THE AMOUNT ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06321-01-9

S. 1594                             2

ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR AT AN ELEMENTA-
RY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.
  (B)  "NONPUBLIC  SCHOOL",  AS  USED IN THIS SUBSECTION, SHALL MEAN ANY
NON-PROFIT ELEMENTARY OR SECONDARY SCHOOL IN  THE  STATE  OF  NEW  YORK,
OTHER  THAN  A  PUBLIC  SCHOOL,  WHICH  (I)  IS PROVIDING INSTRUCTION IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THE EDUCATION LAW, (II) HAS NOT BEEN FOUND TO BE IN VIOLATION  OF  TITLE
VI OF THE CIVIL RIGHTS ACT OF NINETEEN HUNDRED SIXTY-FOUR, 78 STAT. 252,
42  U.S.C.  SEC. 2000 (D) AND (III) WHICH IS ENTITLED TO A TAX EXEMPTION
UNDER SECTIONS FIVE HUNDRED ONE (A) AND FIVE HUNDRED ONE (C)(3)  OF  THE
INTERNAL  REVENUE  CODE.  THE COMMISSIONER OF EDUCATION SHALL FURNISH TO
THE COMMISSIONER BY JANUARY FIRST OF EACH  YEAR,  A  CERTIFIED  LIST  OF
NONPUBLIC  SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS SUBPARAGRAPH FOR
THE PRECEDING CALENDAR YEAR AND SHALL PROVIDE SUCH OTHER ASSISTANCE WITH
RESPECT TO WHETHER NONPUBLIC SCHOOLS COME WITHIN SUCH CLAUSE (I) AS  THE
COMMISSIONER MAY REQUIRE.
  (C)  "PUBLIC  SCHOOL",  AS  USED  IN  THIS  SUBSECTION, SHALL MEAN ANY
ELEMENTARY OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS  SUBJECT
TO  THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER SCHOOL ORGANIZED PURSUANT TO ARTICLE FIFTY-SIX OF THE  EDUCATION
LAW.
  (D)  "REGULAR SCHOOL YEAR", AS USED IN THIS SUBSECTION, SHALL MEAN THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  S 2.  Subsection (j) of section 612 of the tax law is REPEALED  and  a
new subsection (j) is added to read as follows:
  (J)  TUITION  TAX DEDUCTION. (1) GENERAL. AN INDIVIDUAL SHALL BE ENTI-
TLED TO SUBTRACT FROM HIS OR HER FEDERAL ADJUSTED GROSS INCOME AN AMOUNT
NOT EXCEEDING THE AMOUNT SHOWN IN THE TABLE SET FORTH IN THIS PARAGRAPH,
MULTIPLIED BY THE  NUMBER  OF  DEPENDENTS  ATTENDING  AN  ELEMENTARY  OR
SECONDARY  PUBLIC  OR NONPUBLIC SCHOOL ON A FULL-TIME BASIS FOR AT LEAST
THREE MONTHS DURING THE REGULAR SCHOOL YEAR FOR THE  EDUCATION  OF  SUCH
DEPENDENT  IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED SUCH INDIVID-
UAL IS ALLOWED AN EXEMPTION UNDER SECTION SIX HUNDRED  SIXTEEN  OF  THIS
PART  FOR  SUCH  DEPENDENT.  PROVIDED, FURTHER, THAT THE DEDUCTION UNDER
THIS PARAGRAPH SHALL NOT EXCEED THE AMOUNT PAID FOR EACH SUCH  DEPENDENT
IN  TUITION  TO  SUCH ELEMENTARY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL
FOR SUCH EDUCATION OF SUCH DEPENDENT.
  (A) FOR THE TAXABLE  YEAR BEGINNING JANUARY 1, 2009,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $2,500
     115,000--119,999          2,150
     120,000--124,999          1,800
     125,000--129,999          1,450
     130,000--134,999          1,100
     135,000--139,999            750
     140,000--144,999            400
     145,000--149,999             50
     150,000 AND OVER              0
  (B) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2010,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

S. 1594                             3

     LESS THAN $115,000       $5,000
     115,000--119,999          4,300
     120,000--124,999          3,600
     125,000--129,999          2,900
     130,000--134,999          2,200
     135,000--139,999          1,500
     140,000--144,999            800
     145,000--149,999            100
     150,000 AND OVER              0
  (C) FOR THE TAXABLE YEARS BEGINNING JANUARY 1, 2011,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $7,500
     115,000--119,999          6,450
     120,000--124,999          5,400
     125,000--129,999          4,350
     130,000--134,999          3,300
     135,000--139,999          2,250
     140,000--144,999          1,200
     145,000--149,999            150
     150,000 AND OVER              0
  (D) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2012 AND THEREAFTER,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $10,000
     115,000--119,999           8,750
     120,000--124,999           7,500
     125,000--129,999           6,250
     130,000--134,999           5,000
     135,000--139,999           3,750
     140,000--144,999           2,500
     145,000--149,999           1,250
     150,000 AND OVER               0
  (2)  HUSBAND  AND WIFE. IN DETERMINING THE APPLICABLE FEDERAL ADJUSTED
GROSS  INCOME OF A HUSBAND AND WIFE WHO FILE JOINTLY  ON  THEIR  FEDERAL
TAX  RETURN,  WHETHER  OR NOT THEY FILE SEPARATE NEW YORK STATE RETURNS,
FOR PURPOSES  OF  THE  TABLE  SET  FORTH  IN    PARAGRAPH  ONE  OF  THIS
SUBSECTION,  THE  FEDERAL  ADJUSTED  GROSS  INCOME OF A HUSBAND AND WIFE
SHALL BE THE AGGREGATE OF THEIR FEDERAL ADJUSTED GROSS INCOMES  FOR  THE
TAXABLE  YEAR.  THE HUSBAND OR WIFE TAXPAYER WHO CLAIMS AN EXEMPTION FOR
THE DEPENDENT ON HIS OR HER NEW YORK STATE INCOME TAX  RETURN  SHALL  BE
ALLOWED  TO  TAKE  THE  DEDUCTION  PRESCRIBED  IN  PARAGRAPH ONE OF THIS
SUBSECTION.
  (3) DEFINITIONS. (A) "TUITION", AS USED IN THIS SUBSECTION, SHALL MEAN
THE AMOUNT ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER FOR THE
ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR AT AN ELEMENTA-
RY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.
  (B) "NONPUBLIC SCHOOL", AS USED IN THIS  SUBSECTION,  SHALL  MEAN  ANY
NON-PROFIT  ELEMENTARY  OR  SECONDARY  SCHOOL  IN THE STATE OF NEW YORK,
OTHER THAN A PUBLIC  SCHOOL,  WHICH  (I)  IS  PROVIDING  INSTRUCTION  IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THE  EDUCATION  LAW, (II) HAS NOT BEEN FOUND TO BE IN VIOLATION OF TITLE

S. 1594                             4

VI OF THE CIVIL RIGHTS ACT OF  NINETEEN  HUNDRED  SIXTY-FOUR,  78  STAT.
252,  42  U.S.C.  SEC.  2000  (D)  AND  (III) WHICH IS ENTITLED TO A TAX
EXEMPTION UNDER SECTIONS FIVE HUNDRED ONE (A) AND FIVE HUNDRED  ONE  (C)
(3)  OF  THE  INTERNAL REVENUE CODE. THE COMMISSIONER OF EDUCATION SHALL
FURNISH TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR,  A  CERTIFIED
LIST  OF NONPUBLIC SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS SUBPARA-
GRAPH FOR THE PRECEDING CALENDAR  YEAR  AND  SHALL  PROVIDE  SUCH  OTHER
ASSISTANCE  WITH  RESPECT  TO WHETHER NONPUBLIC SCHOOLS COME WITHIN SUCH
CLAUSE (I) AS THE COMMISSIONER MAY REQUIRE.
  (C) "PUBLIC SCHOOL", AS  USED  IN  THIS  SUBSECTION,  SHALL  MEAN  ANY
ELEMENTARY  OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS SUBJECT
TO THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO  SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER SCHOOL ORGANIZED PURSUANT TO ARTICLE  FIFTY-SIX OF THE EDUCATION
LAW.
  (D)  "REGULAR SCHOOL YEAR", AS USED IN THIS SUBSECTION, SHALL MEAN THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  (4) ADDITIONAL INFORMATION. ANY CLAIM FOR A  MODIFICATION  UNDER  THIS
SUBSECTION  SHALL BE ACCOMPANIED BY SUCH INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
  S  3. Subdivision (j) of section 11-1712 of the administrative code of
the city of New York is REPEALED and a new subdivision (j) is  added  to
read as follows:
  (J)  TUITION TAX DEDUCTION.  (1) GENERAL. AN INDIVIDUAL SHALL BE ENTI-
TLED TO SUBTRACT FROM HIS OR HER FEDERAL ADJUSTED GROSS INCOME AN AMOUNT
NOT EXCEEDING THE AMOUNT SHOWN IN THE TABLE SET FORTH IN THIS PARAGRAPH,
MULTIPLIED BY THE  NUMBER  OF  DEPENDENTS  ATTENDING  AN  ELEMENTARY  OR
SECONDARY  PUBLIC  OR NONPUBLIC SCHOOL ON A FULL-TIME BASIS FOR AT LEAST
THREE MONTHS DURING THE REGULAR SCHOOL YEAR FOR THE  EDUCATION  OF  SUCH
DEPENDENT  IN GRADES KINDERGARTEN THROUGH TWELVE, PROVIDED SUCH INDIVID-
UAL IS ALLOWED AN EXEMPTION UNDER SECTION 11-1716 OF THIS SUBCHAPTER FOR
SUCH DEPENDENT. PROVIDED, FURTHER, THAT THE DEDUCTION UNDER  THIS  PARA-
GRAPH  SHALL  NOT  EXCEED  THE  AMOUNT  PAID  FOR EACH SUCH DEPENDENT IN
TUITION TO SUCH ELEMENTARY OR SECONDARY PUBLIC OR NONPUBLIC  SCHOOL  FOR
SUCH EDUCATION OF SUCH DEPENDENT.
  (A) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2009,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $2,500
     115,000--119,999          2,150
     120,000--124,999          1,800
     125,000--129,999          1,450
     130,000--134,999          1,100
     135,000--139,999            750
     140,000--144,999            400
     145,000--149,999             50
     150,000 AND OVER              0
  (B) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2010,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $5,000
     115,000--119,999          4,300

S. 1594                             5

     120,000--124,999          3,600
     125,000--129,999          2,900
     130,000--134,999          2,200
     135,000--139,999          1,500
     140,000--144,999            800
     145,000--149,999            100
     150,000 AND OVER              0
  (C) FOR THE TAXABLE YEARS BEGINNING JANUARY 1, 2011,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $7,500
     115,000--119,999          6,450
     120,000--124,999          5,400
     125,000--129,999          4,350
     130,000--134,999          3,300
     135,000--139,999          2,250
     140,000--144,999          1,200
     145,000--149,999            150
     150,000 AND OVER              0
  (D) FOR THE TAXABLE YEAR BEGINNING JANUARY 1, 2012 AND THEREAFTER,
     IF THE FEDERAL           THE AMOUNT
     ADJUSTED GROSS           ALLOWABLE FOR EACH
     INCOME IS:               DEPENDENT IS:

     LESS THAN $115,000       $10,000
     115,000--119,999           8,750
     120,000--124,999           7,500
     125,000--129,999           6,250
     130,000--134,999           5,000
     135,000--139,999           3,750
     140,000--144,999           2,500
     145,000--149,999           1,250
     150,000 AND OVER               0
  (2)  HUSBAND  AND WIFE. IN DETERMINING THE APPLICABLE FEDERAL ADJUSTED
GROSS INCOME OF A HUSBAND AND WIFE WHO FILE JOINTLY ON THEIR FEDERAL TAX
RETURN, WHETHER OR NOT THEY FILE SEPARATE NEW YORK  STATE  RETURNS,  FOR
PURPOSES  OF  THE  TABLE SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION,
THE FEDERAL ADJUSTED GROSS INCOME OF A HUSBAND AND  WIFE  SHALL  BE  THE
AGGREGATE  OF THEIR FEDERAL ADJUSTED GROSS INCOMES FOR THE TAXABLE YEAR.
THE HUSBAND OR WIFE TAXPAYER WHO CLAIMS AN EXEMPTION FOR THE   DEPENDENT
ON  HIS  OR HER NEW YORK CITY INCOME TAX RETURN SHALL BE ALLOWED TO TAKE
THE DEDUCTION PRESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION.
  (3) DEFINITIONS. (A) "TUITION", AS USED  IN  THIS  SUBDIVISION,  SHALL
MEAN  THE  AMOUNT  ACTUALLY PAID DURING THE TAXABLE YEAR BY THE TAXPAYER
FOR THE ENROLLMENT OF A DEPENDENT DURING THE REGULAR SCHOOL YEAR  AT  AN
ELEMENTARY OR SECONDARY PUBLIC OR NONPUBLIC SCHOOL.
  (B)  "NONPUBLIC  SCHOOL",  AS USED IN THIS SUBDIVISION, SHALL MEAN ANY
NON-PROFIT ELEMENTARY OR SECONDARY SCHOOL IN  THE  STATE  OF  NEW  YORK,
OTHER  THAN  A  PUBLIC  SCHOOL,  WHICH  (I)  IS PROVIDING INSTRUCTION IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION   THIRTY-TWO HUNDRED  FOUR
OF  THE  EDUCATION  LAW,  (II)  HAS NOT BEEN FOUND TO BE IN VIOLATION OF
TITLE VI OF THE CIVIL RIGHTS ACT  OF  NINETEEN  HUNDRED  SIXTY-FOUR,  78
STAT.  252, 42 U.S.C. SEC. 2000 (D) AND (III) WHICH IS ENTITLED TO A TAX
EXEMPTION UNDER SECTIONS FIVE HUNDRED ONE (A) AND FIVE HUNDRED  ONE  (C)

S. 1594                             6

(3)  OF  THE  INTERNAL REVENUE CODE. THE COMMISSIONER OF EDUCATION SHALL
FURNISH TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR,  A  CERTIFIED
LIST  OF NONPUBLIC SCHOOLS WHICH COMPLY WITH CLAUSE (I) OF THIS SUBPARA-
GRAPH  FOR  THE  PRECEDING  CALENDAR  YEAR  AND SHALL PROVIDE SUCH OTHER
ASSISTANCE WITH RESPECT TO WHETHER NONPUBLIC SCHOOLS  COME  WITHIN  SUCH
CLAUSE (I) AS THE COMMISSIONER MAY REQUIRE.
  (C)  "PUBLIC  SCHOOL",  AS  USED  IN  THIS SUBDIVISION, SHALL MEAN ANY
ELEMENTARY OR SECONDARY SCHOOL IN THE STATE OF NEW YORK THAT IS  SUBJECT
TO  THE SUPERVISION OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTION
THREE HUNDRED NINE OF THE EDUCATION LAW. PUBLIC SCHOOL SHALL INCLUDE ANY
CHARTER SCHOOL ORGANIZED PURSUANT TO ARTICLE FIFTY-SIX OF THE  EDUCATION
LAW.
  (D) "REGULAR SCHOOL YEAR", AS USED IN THIS SUBDIVISION, SHALL MEAN THE
MONTHS OF THE TAXABLE YEAR EXCLUSIVE OF JULY AND AUGUST.
  (4)  ADDITIONAL  INFORMATION.  ANY CLAIM FOR A MODIFICATION UNDER THIS
SUBDIVISION SHALL BE ACCOMPANIED BY SUCH INFORMATION AS THE COMMISSIONER
MAY REQUIRE.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2009.

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