senate Bill S5375

Amended

Relates to providing a credit against tax for the purchase of low vision devices

download pdf

Sponsor

Bill Status


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

actions

  • 16 / May / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 03 / Mar / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 03 / Mar / 2014
    • PRINT NUMBER 5375A

Summary

Relates to providing a credit against tax for the purchase of low vision devices.

do you support this bill?

Bill Details

Versions:
S5375
S5375A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd ยง606, Tax L

Sponsor Memo

BILL NUMBER:S5375

TITLE OF BILL: An act to amend the tax law, in relation to providing
a credit against tax for the purchase of low vision devices

PURPOSE:

This bill will provide an income tax credit for the purchase of a low
vision device.

SUMMARY OF PROVISIONS:

Section 606 of the Tax Law is amended by adding a new subsection (ww).

Paragraph 1 establishes the Low Vision Device Tax Credit. It provides
that a taxpayer shall be allowed an income tax credit for the purchase
of a qualified low vision device. The tax credit shall be equal to the
amount paid by the tax payer for the qualified low vision device.

Paragraph 2 provides the definition of a qualified low vision device
as a device used for magnifying, enhancing, or otherwise augmenting a
visual image.

Paragraph 3 provides that the taxpayer must apply for the low vision
device tax credit.

Paragraph 4 provides that the low vision device tax credit shall not
apply to any expense for which a tax credit is allowed under any other
provision of this chapter.

Paragraph 5 provides that the low vision device tax credit shall not
exceed a taxpayer's tax for the taxable year. However, the excess
credit allowed may be carried over to the following year or years.

This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January next succeeding the
date on which it shall have become a law.

JUSTIFICATION:

A decrease in one's vision can be caused by a number of medical
conditions including, but not limited to: cataracts, glaucoma, macular
degeneration, and diabetic retinopathy. These conditions can reduce a
person's vision to the point of requiring a low-vision device, also
known as a reading machine, to read almost anything. This includes,
but is not limited to, the person's medication, legal documentation,
mail, and any other document that has a regular font size.

Medicare does not provide coverage for low vision devices. It has been
Medicare's policy not to provide coverage for certain things that it
believes are routine. This includes items which have one or more
lenses that are used to aid vision, such as eyeglasses or a low vision
device.

This bill helps individuals whose insurance does not cover the cost of
low vision devices by providing a tax credit equal to the amount paid
for the low vision device.


LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January next succeeding the
date on which it shall have become a law.

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

                                  5375

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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

AN ACT to amend the tax law, in relation to providing a  credit  against
  tax for the purchase of low vision devices

  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 (ww) to read as follows:
  (WW) LOW VISION DEVICE CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A CRED-
IT,  TO  BE  COMPUTED  AS  PROVIDED  IN THIS SUBSECTION, AGAINST THE TAX
IMPOSED PURSUANT TO SECTION SIX HUNDRED ONE OF THIS PART. THE AMOUNT  OF
CREDIT  SHALL  EQUAL  THE AMOUNT PAID BY THE TAXPAYER DURING THE TAXABLE
YEAR AND NOT COMPENSATED BY INSURANCE OR OTHERWISE, FOR THE PURCHASE  OF
ANY QUALIFIED LOW VISION DEVICE.
  (2)  FOR THE PURPOSE OF THIS SUBSECTION, "QUALIFIED LOW VISION DEVICE"
SHALL MEAN A LOW VISION DEVICE FOR THE USE OF MAGNIFYING,  ENHANCING  OR
OTHERWISE AUGMENTING A VISUAL IMAGE AND WHICH IS INTENDED FOR USE BY THE
TAXPAYER  OR  AN  INDIVIDUAL  WITH RESPECT TO WHOM THE TAXPAYER, FOR THE
TAXABLE YEAR, IS ALLOWED A PERSONAL EXEMPTION FOR DEPENDENTS.
  (3) THIS SUBSECTION SHALL APPLY TO ANY INDIVIDUAL FOR ANY TAXABLE YEAR
ONLY IF SUCH INDIVIDUAL ELECTS TO HAVE THIS SECTION APPLY FOR SUCH TAXA-
BLE YEAR. AN ELECTION TO HAVE THIS SECTION APPLY MAY NOT BE MADE FOR ANY
TAXABLE YEAR IF SUCH ELECTION IS IN EFFECT WITH RESPECT TO SUCH INDIVID-
UAL FOR EITHER OF THE TWO TAXABLE YEARS PRECEDING SUCH TAXABLE YEAR.
  (4) NO CREDIT SHALL BE ALLOWED FOR ANY LOW VISION DEVICE EXPENSES  FOR
WHICH A DEDUCTION OR CREDIT IS ALLOWED UNDER ANY OTHER PROVISION OF THIS
CHAPTER.
  (5)  IN  NO  EVENT  SHALL  THE  AMOUNT  OF THE CREDIT PROVIDED BY THIS
SUBSECTION EXCEED THE TAXPAYER'S TAX FOR THE TAXABLE YEAR.  HOWEVER,  IF
THE AMOUNT OF CREDIT OTHERWISE ALLOWABLE PURSUANT TO THIS SUBSECTION FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09948-03-3

S. 5375                             2

ANY TAXABLE YEAR RESULTS IN SUCH EXCESS AMOUNT, ANY AMOUNT OF CREDIT NOT
DEDUCTIBLE  IN  SUCH  TAXABLE  YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
OR YEARS.
  S 2. This act shall take effect immediately and shall apply to taxable
years  beginning  on  and after the first of January next succeeding the
date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.