senate Bill S884
(R, C, IP) 22nd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Establishes the "caregiver's assistance act"; allows a personal income tax credit equal to twenty percent of qualified care expenses in an amount equal to or less than two thousand four hundred dollars for the taxable year that are paid by the taxpayer for the care of a qualifying senior family member; authorizes a basic or an enhanced (STAR) exemption on a pro-rated basis to property where a senior citizen residing with a taxpayer would otherwise meet the eligibility requirements, except for ownership requirements, and where, in the case of an enhanced exemption, the income of the senior and the spouse of the senior considered separately from the remainder of the household would meet the applicable income requirements; provides that such basic or an enhanced exemption shall be on a pro-rated basis.
- See Assembly Version of this Bill:
- Legislative Cycle:
- Senate Investigations And Government Operations
- Law Section:
- Tax Law
- Laws Affected:
- Amd §606, Tax L; amd §425, RPT L
- Versions Introduced in Previous Legislative Cycles:
2009-2010: S1574, A2656
TITLE OF BILL:
to amend the tax law and the real property tax law, in relation to
establishing the Caregiver's Assistance Act
PURPOSE OR GENERAL IDEA OF THE BILL:
To provide tax credits and exemptions to aid those who provide
informal, unpaid care of their elderly relatives.
SUMMARY OF PROVISIONS:
The bill makes the following changes in State tax law:
Section 1. Short Title: Caregiver's Assistance Act.
Section 2. Adds a new subsection (gg) to section 606 of the tax law,
to provide a refundable credit to qualified taxpayers who provide
informal, unpaid care to senior family members. The credit amount is
20% of the first $2,400 spent by the taxpayer on behalf of a
senior relative, plus $75 for any amount spent in excess of $240. The
maximum credit is thus $555. A senior family member is a person
who is 60 years old or older, who is related within the third degree
of consanguinity and who resides in the taxpayer's home and whose New
York adjusted gross income is $13,000 or less for a single
person, or $20,000 or less for a married couple. The credit is not
applicable to taxpayers whose adjusted gross income is $45,000 for
a single taxpayer, or $60,000 for married taxpayers.
Section 3. Adds a new paragraph (d) to subdivision 4-a of section 425
of the real property tax law, to allow a pro-rated basic or enhanced
STAR exemption that would apply if the senior owned the home to
a residence in which a senior lives with taxpayer. The exemption would
apply to that portion of the home used
by the senior for living and the provision of care. Thus, in a 2,000
square foot house, if the senior member occupied one 1Ox12 room
(120 square feet), and there was a second room used for the provision
of care of equal size, the amount of the STAR exemption would be
12% of the total basic or enhanced exemption.
The largest amount of care provided to seniors in New York is provided
by family. In the most reliable and recent study, "Informal, Unpaid,
Care Giving To New York State Elders: A Telephone Survey,
2001," Center For Aging Policy Research, State University Of New York
At Stonybrook, the number of caregivers is estimated at
734,000, or roughly 9.6% of the 7,650,000 households in New York,
providing an average of 22 hours of care per week. The study estimates
the value of this care at $11.2 billion annually. These are charges and
costs which the State does not now bear.
The purpose of this legislation is to provide not only a recognition
of what has been termed the "love-equity" provided by these care
givers for their senior relatives, but also to provide an
incentive for more families
to provide the care, and to encourage families currently providing the
care to continue to do so for longer periods.
S.6004 of 2004 - Reported to Finance, then passed as part
of larger Senate Tax Package
S.1194 of 2005/06 - Aging, Finance
S.459 - 2007-08 - Finance
S.1574 - 2009-10 - Finance
To be determined.
January 1, after it becomes law.
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