S T A T E O F N E W Y O R K
________________________________________________________________________
1799
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York and the
tax law, in relation to establishing a tax table benefit recapture;
and in relation to New York city personal income tax rates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-1701 of the administrative code of the city of
New York is amended by adding a new subdivision (i) to read as follows:
(I) TAX TABLE BENEFIT RECAPTURE. FOR TAXABLE YEARS BEGINNING IN TWO
THOUSAND FOURTEEN, THERE IS HEREBY IMPOSED A SUPPLEMENTAL TAX, IN ADDI-
TION TO THE TAX IMPOSED UNDER THE OPENING PARAGRAPH OF THIS SECTION, FOR
THE PURPOSE OF RECAPTURING THE BENEFIT OF THE TAX TABLES CONTAINED IN
SUBDIVISION (A) OF THIS SECTION. THE SUPPLEMENTAL TAX SHALL BE AN AMOUNT
EQUAL TO THE SUM OF THE TAX TABLE BENEFITS IN PARAGRAPHS ONE, TWO AND
THREE OF THIS SUBDIVISION MULTIPLIED BY THEIR RESPECTIVE FRACTIONS IN
SUCH PARAGRAPHS.
(1) RESIDENT MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING
SPOUSES. SUBPARAGRAPHS (A) AND (B) OF THIS PARAGRAPH APPLY ONLY TO
FILERS WHOSE TAXABLE INCOME EXCEEDS $250,000.
(A) THE TAX TABLE BENEFIT IS $333.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER TWO HUNDRED FIFTY THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(2) RESIDENT UNMARRIED INDIVIDUALS AND RESIDENT MARRIED INDIVIDUALS
FILING SEPARATE RETURNS. SUBPARAGRAPHS (A) AND (B) OF THIS PARAGRAPH
APPLY ONLY TO FILERS WHOSE TAXABLE INCOME EXCEEDS $150,000.
(A) THE TAX TABLE BENEFIT IS $185.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02970-01-3
S. 1799 2
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED FIFTY THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
(3) RESIDENT HEAD OF HOUSEHOLD. SUBPARAGRAPHS (A) AND (B) OF THIS
PARAGRAPH APPLY ONLY TO FILERS WHOSE TAXABLE INCOME EXCEEDS $180,000.
(A) THE TAX TABLE BENEFIT IS $222.
(B) THE FRACTION IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER
OF FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS
INCOME FOR THE TAXABLE YEAR OVER ONE HUNDRED EIGHTY THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
S 2. Paragraph 1 of subdivision (a) of section 11-1701 of the admin-
istrative code of the city of New York is amended by adding a new
subparagraph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $21,600 2.168% OF THE CITY TAXABLE INCOME
OVER $21,600 BUT NOT $468 PLUS 2.635% OF EXCESS
OVER $45,000 OVER $21,600
OVER $45,000 BUT NOT $1,085 PLUS 2.993% OF EXCESS
OVER $90,000 OVER $45,000
OVER $90,000 BUT NOT $2,432 PLUS 3.15% OF EXCESS
OVER $150,000 OVER $90,000
OVER $150,000 BUT NOT $4,322 PLUS 3.2% OF EXCESS
OVER $500,000 OVER $150,000
OVER $500,000 BUT NOT $15,522 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,522 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,522 PLUS 3.8% OF EXCESS
OVER $2,000,000
S 3. Paragraph 2 of subdivision (a) of section 11-1701 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $14,400 2.168% OF THE CITY TAXABLE INCOME
OVER $14,400 BUT NOT $312 PLUS 2.635% OF EXCESS
OVER $30,000 OVER $14,400
OVER $30,000 BUT NOT $723 PLUS 2.993% OF EXCESS
OVER $60,000 OVER $30,000
OVER $60,000 BUT NOT $1,621 PLUS 3.15% OF EXCESS
OVER $100,000 OVER $60,000
OVER $100,000 BUT NOT $2,881 PLUS 3.2% OF EXCESS
OVER $500,000 OVER $100,000
OVER $500,000 BUT NOT $15,681 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,681 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,681 PLUS 3.8% OF EXCESS
OVER $2,000,000
S. 1799 3
S 4. Paragraph 3 of subdivision (a) of section 11-1701 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 2.168% OF THE CITY TAXABLE INCOME
OVER $12,000 BUT NOT $260 PLUS 2.635% OF EXCESS
OVER $25,000 OVER $12,000
OVER $25,000 BUT NOT $603 PLUS 2.993% OF EXCESS
OVER $50,000 OVER $25,000
OVER $50,000 BUT NOT $1,351 PLUS 3.15% OF EXCESS
OVER $83,000 OVER $50,000
OVER $83,000 BUT NOT $2,400 PLUS 3.2% OF EXCESS
OVER $500,000 OVER $83,000
OVER $500,000 BUT NOT $15,734 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,734 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,734 PLUS 3.8% OF EXCESS
OVER $2,000,000
S 5. Paragraph 1 of subsection (a) of section 1304 of the tax law is
amended by adding a new subparagraph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $21,600 2.168% OF THE CITY TAXABLE INCOME
OVER $21,600 BUT NOT $468 PLUS 2.635% OF EXCESS
OVER $45,000 OVER $21,600
OVER $45,000 BUT NOT $1,085 PLUS 2.993% OF EXCESS
OVER $90,000 OVER $45,000
OVER $90,000 BUT NOT $2,432 PLUS 3.15% OF EXCESS
OVER $150,000 OVER $90,000
OVER $150,000 BUT NOT $4,322 PLUS 3.2% OF EXCESS
OVER $500,000 OVER $150,000
OVER $500,000 BUT NOT $15,522 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,522 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,522 PLUS 3.8% OF EXCESS
OVER $2,000,000
S 6. Paragraph 2 of subsection (a) of section 1304 of the tax law is
amended by adding a new subparagraph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $14,400 2.168% OF THE CITY TAXABLE INCOME
OVER $14,400 BUT NOT $312 PLUS 2.635% OF EXCESS
OVER $30,000 OVER $14,400
OVER $30,000 BUT NOT $723 PLUS 3.15% OF EXCESS
OVER $60,000 OVER $30,000
OVER $60,000 BUT NOT $1,621 PLUS 3.15% OF EXCESS
OVER $100,000 OVER $60,000
OVER $100,000 BUT NOT $2,881 PLUS 3.2% OF EXCESS
S. 1799 4
OVER $500,000 OVER $100,000
OVER $500,000 BUT NOT $15,681 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,681 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,681 PLUS 3.8% OF EXCESS
OVER $2,000,000
S 7. Paragraph 3 of subsection (a) of section 1304 of the tax law is
amended by adding a new subparagraph (C) to read as follows:
(C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND FOURTEEN:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 2.168% OF THE CITY TAXABLE INCOME
OVER $12,000 BUT NOT $260 PLUS 2.635% OF EXCESS
OVER $25,000 OVER $12,000
OVER $25,000 BUT NOT $603 PLUS 2.993% OF EXCESS
OVER $50,000 OVER $25,000
OVER $50,000 BUT NOT $1,351 PLUS 3.15% OF EXCESS
OVER $83,000 OVER $50,000
OVER $83,000 BUT NOT $2,400 PLUS 3.2% OF EXCESS
OVER $500,000 OVER $83,000
OVER $500,000 BUT NOT $15,734 PLUS 3.4% OF EXCESS
OVER $1,000,000 OVER $500,000
OVER $1,000,000 BUT NOT $32,734 PLUS 3.7% OF EXCESS
OVER $2,000,000 OVER $1,000,000
OVER $2,000,000 $69,734 PLUS 3.8% OF EXCESS
OVER $2,000,000
S 8. The commissioner of taxation and finance shall take steps to
publicize the necessary adjustments to estimated tax and, to the extent
reasonably possible, to inform the taxpayer of the tax liability changes
made by this act.
S 9. This act shall take effect immediately.