senate Bill S3223A

Creates an E-ZPass expense tax credit

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Feb / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / Feb / 2012
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / Feb / 2012
    • PRINT NUMBER 3223A

Summary

Creates an E-ZPass expense tax credit, not to exceed $500 each year; allows carry over from previous years if the amount exceeds the taxpayer's tax; only for expenses incurred in NYS.

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Bill Details

Versions:
S3223
S3223A
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd ยง606, Tax L
Versions Introduced in 2009-2010 Legislative Cycle:
S3016

Sponsor Memo

BILL NUMBER:S3223A

TITLE OF BILL:
An act to amend the tax law, in relation to the creation of an E-ZPass
expense tax credit

PURPOSE AND JUSTIFICATION:
This bill would allow taxpayers to claim up to $500 of E-ZPass expenses
incurred in travel in New York State as a credit on their individual tax
return in the year in which the expense was incurred. E-ZPass expenses
could not be both used as a deduction elsewhere in a tax return and also
claimed as a credit. If the full credit cannot be used in any year, it
can be carried forward to credit against future tax liability. Although
the bonding agreements that have been entered into by the New York Thru-
way Authority may not allow it to give relief to the residents of New
York State who continue to pay high tolls, this bill would give these
New York drivers alternate help in the form of a tax credit for tolls
paid using an E-ZPass account of up to $500 per year.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 606 of the New York Tax Law to add a new
subsection (uu) which:

(a) allows a credit for E-ZPass expenses incurred in New York State
not to exceed $500;
(b) defines E-ZPass for the purposes of the subsection; and
(c) provides that if the amount of credit shall
exceed the taxpayer's tax for such year, the excess shall be carried
forward, and that the credit cannot be claimed if the expense has
been claimed as an expense or deduction on any tax return.

Section 2 provides that the act shall take effect the first of January
next succeeding the date on which it shall have become law.

PRIOR LEGISLATIVE HISTORY:
2008 - S.7122 -- INVESTIGATIONS/GOV'T OPS
2010 - S.3016 -- INVESTIGATIONS/GOV'T OPS
2011 - S.3223 -- INVESTIGATIONS/GOV'T OPS

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which is shall have become law.

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

                                 3223--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by Sens. RANZENHOFER, DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations -- recommitted to the Commit-
  tee  on  Investigations  and  Government Operations in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the tax law, in relation to the creation of an E-ZPass
  expense tax credit

  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 (uu) to read as follows:
  (UU) CREDIT FOR E-ZPASS EXPENSES. (1) ALLOWANCE AND AMOUNT OF  CREDIT.
A  TAXPAYER,  WHO HAS E-ZPASS EXPENSES INCURRED IN NEW YORK STATE, SHALL
BE ALLOWED A CREDIT, TO BE COMPUTED  AS  PROVIDED  IN  THIS  SUBSECTION,
AGAINST  THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL
BE EQUAL TO AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS.
  (2) DEFINITION. THE TERM "E-ZPASS" SHALL, FOR  THE  PURPOSES  OF  THIS
SUBSECTION,  REFER  TO  A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS
CAPABLE OF CHARGING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE  BY
TRANSMISSION OF INFORMATION FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE
TO  THE  TOLL  LANE, WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE
APPROPRIATE TOLL OR CHARGE.
  (3) APPLICATION OF CREDIT. IF THE AMOUNT OF THE  CREDIT  SHALL  EXCEED
THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
SUCH  YEAR OR YEARS. NO CREDIT SHALL BE ALLOWED UNDER THIS SECTION WHERE
SUCH EXPENSE HAS BEEN CLAIMED AS AN EXPENSE  OR  DEDUCTION  ON  ANY  TAX
RETURN.
  S  2.  This act shall take effect the first of January next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02564-02-2

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