S T A T E O F N E W Y O R K
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-
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.