senate Bill S4753

Signed by Governor

Relates to payments in lieu of taxes made by certain entities for property located at 230-234 Wallace Way, Gates, New York

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Bill Status


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

  • 22 / Apr / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1202
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 11 / Jun / 2013
    • SUBSTITUTED FOR A6561
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.131
  • 11 / Jun / 2013
    • PASSED ASSEMBLY
  • 11 / Jun / 2013
    • RETURNED TO SENATE
  • 01 / Nov / 2013
    • DELIVERED TO GOVERNOR
  • 13 / Nov / 2013
    • SIGNED CHAP.508
  • 13 / Nov / 2013
    • APPROVAL MEMO.9

Summary

Relates to payments in lieu of taxes made by certain entities for property located at 230-234 Wallace Way, Gates, New York.

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Bill Details

See Assembly Version of this Bill:
A6561
Versions:
S4753
Legislative Cycle:
2013-2014
Law Section:
Taxation
Versions Introduced in 2011-2012 Legislative Cycle:
S7484A, A10732

Sponsor Memo

BILL NUMBER:S4753

TITLE OF BILL: An act in relation to a certain agreement for a
payment in lieu of taxes

PURPOSE:

Relates to payments in lieu of taxes made by certain entities for
property located at 230-234 Wallace Way, Gates, New York.

SUMMARY OF PROVISIONS:

Section 1. Makes provisions for payments in lieu of taxes made by
certain entities for specified properties and relates to eligibility
for real property tax credit.

Section 2. Effective date.

JUSTIFICATION:

Qualified Empire Zone Enterprises (QEZE) are vital businesses within
our communities that encourage job growth and foster economic
development. As an incentive to participate, these entities qualify
for tax exemptions and refunds. For example, under New York State tax
law, a QEZE tenant that is responsible for property taxes under its
lease is eligible for a refund for paid property taxes. Payments by a
lessee made pursuant to a PILOT agreement qualify as property taxes
that are eligible for this refund.

A recent policy shift within the New York State Department of Tax and
Finance (NYSDTF) regarding this type of agreement denied credit to
this lessee as a result of the business not being a party to the PILOT
agreement between the landlord and tax jurisdiction. As a result, the
lessee that had been approved for the tax credit, had paid taxes
consistent with their lease agreements, and had been audited by the
state during the relevant time period, was assessed for credits
awarded in prior years. This business is now being assessed for
credits awarded in prior years from 2008 to 2010.

This entity has complied with the spirit of the law, and has relied on
the tax credit as a significant component of its budget. This business
also proactively changed it's PILOT agreement in order to comply
moving forward, and should not be penalized for a change in policy
within the NYSDTF that would have been followed if it had been policy
all along.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.

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

                                  4753

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to a certain agreement for a payment in lieu of taxes

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

  Section  1.  Notwithstanding  the  provisions  of  subdivision  (e) of
section 15 of the tax law, any payment in lieu of taxes made by a quali-
fied empire zone enterprise to the state, a municipal corporation, or  a
public  benefit corporation pursuant to its lease agreement for property
located at 230-234 Wallace Way, Gates, New York with a landlord that  is
a party to a payment in lieu of taxes agreement between the landlord and
the state, municipal corporation, or public benefit corporation shall be
deemed,  for  the  purposes  of subdivision (e) of section 15 of the tax
law, to have been made pursuant to a payment in lieu of taxes  agreement
with  the  state,  municipal corporation, or public benefit corporation.
Such qualified empire zone enterprise shall be  eligible  to  claim  the
real  property tax credit provided by section 15 of the tax law provided
that for each of such periods, the landlord has not filed  a  claim  for
the  real  property  tax  credit for such payments nor made a payment in
lieu of taxes to the state, municipal  corporation,  or  public  benefit
corporation  pursuant  to its agreement with the state, municipal corpo-
ration, or public benefit corporation for such payments.   Notwithstand-
ing  any section of law to the contrary, such credit shall be based upon
the payments in lieu of taxes and employment of the tenant.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2008.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09778-01-3

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