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

                                  2376

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens. SEWARD, BONACIC, DeFRANCISCO, FUSCHILLO, GRISANTI,
  LARKIN, MAZIARZ, O'MARA, RANZENHOFER -- read twice and ordered  print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

AN  ACT to amend the real property tax law, in relation to extending the
  benefits of the STAR program to small businesses

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

  Section  1. Subdivision 3 of section 425 of the real property tax law,
as added by section 1 of part B of chapter 389  of  the  laws  of  1997,
paragraph  (a)  as amended by chapter 264 of the laws of 2000, paragraph
(b-1) as added by section 1 of part FF of chapter  57  of  the  laws  of
2010,  paragraph  (d)  as  added  by chapter 443 of the laws of 2003 and
paragraph (e) as added by section 2 of part W of chapter 57 of the  laws
of 2008, is amended to read as follows:
  3.   Eligibility  requirements.  (a)  Property  use.  To  qualify  for
exemption pursuant to this section, the property must be a one,  two  or
three family residence, a farm dwelling, A SMALL BUSINESS or residential
property  held  in  condominium or cooperative form of ownership. If the
property is not an eligible type of property, but a portion of the prop-
erty is partially used by the owner as a primary residence, that portion
which is so used shall be entitled to the  exemption  provided  by  this
section;  provided  that  in  no  event  shall  the exemption exceed the
assessed value attributable to that portion.
  (b) Primary residence. The property must serve as  the  primary  resi-
dence  of  one  or  more  of the owners thereof, UNLESS SUCH PROPERTY IS
OWNED BY A SMALL BUSINESS AS DEFINED IN PARAGRAPH (F) OF  THIS  SUBDIVI-
SION.
  (b-1)  Income.  For  final assessment rolls to be used for the levy of
taxes for the two thousand eleven-two thousand twelve  school  year  and
thereafter,  the  parcel's affiliated income may be no greater than five

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05745-01-1
              

S. 2376                             2

hundred thousand dollars, as determined by the commissioner of  taxation
and  finance  pursuant  to  section one hundred seventy-one-u of the tax
law, in order to be eligible for the basic exemption authorized by  this
section.  As  used  herein,  the term "affiliated income" shall mean the
combined income of all of the owners of the parcel who resided primarily
thereon on the applicable taxable status date, and of any owners' spous-
es residing primarily thereon. For exemptions on final assessment  rolls
to  be  used for the levy of taxes for the two thousand eleven-two thou-
sand twelve school year, affiliated income  shall  be  determined  based
upon the parties' incomes for the income tax year ending in two thousand
nine.  In  each  subsequent  school year, the applicable income tax year
shall be advanced by one year. The term "income" as  used  herein  shall
have the same meaning as in subdivision four of this section.
  (c)  Trusts.  If  legal  title  to the property is held by one or more
trustees, the beneficial owner or owners shall  be  deemed  to  own  the
property for purposes of this subdivision.
  (d)  Farm  dwellings  not owned by the resident. (i) If legal title to
the farm dwelling is held by an S-corporation or by a C-corporation, the
exemption shall be granted if the property serves as the  primary  resi-
dence of a shareholder of such corporation.
  (ii) If the legal title to the farm dwelling is held by a partnership,
the  exemption  shall  be  granted if the property serves as the primary
residence of one or more of the partners.
  (iii) Any information deemed necessary  to  establish  shareholder  or
partner status for eligibility purposes shall be considered confidential
and exempt from the freedom of information law.
  (e)  Dwellings  owned by limited partnerships. (i) If legal title to a
dwelling is held by a limited partnership, the exemption shall be grant-
ed if the property serves as the primary residence of one or more of the
partners, provided that the limited partnership which holds title to the
property does not engage in any commercial activity,  that  the  limited
partnership  was  lawfully created to hold title solely for estate plan-
ning and asset protection purposes, and that the partner or partners who
primarily reside thereon personally pay all of the real  property  taxes
and other costs associated with the property's ownership.
  (ii)  Any information deemed necessary to establish partner status for
eligibility purposes shall be considered confidential  and  exempt  from
the freedom of information law.
  (F)  FOR  THE  PURPOSES  OF THIS SUBDIVISION THE TERM "SMALL BUSINESS"
SHALL MEAN A BUSINESS WHICH EMPLOYS TWENTY PERSONS OR LESS.
  S 2. This act shall take effect immediately and  shall  apply  to  all
taxable years beginning on and after January 1, 2011.