NY State Senate Bill 2015-S5555

Senate Bill S5555

2015-2016 Legislative Session

Relates to giving the New York city department of taxation discretion to accept late filings

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to cities
Jun 25, 2015	committed to rules
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1322
May 14, 2015	referred to cities

Votes

- Jun 2, 2015 - Committee Vote
  S5555
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 2, 2015
      
      aye (7)
      
      DeFrancisco
      
      Funke
      
      Lanza
      
      Ortt
      
      Peralta
      
      Savino
      
      Squadron

co-Sponsors

2015-S5555 (ACTIVE) - Details

Law Section:: Real Property Tax Law
Laws Affected:: Amd §489-cccccc, RPT L

2015-S5555 (ACTIVE) - Summary

Relates to giving the New York city department of taxation discretion to accept late filings.

2015-S5555 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5555

TITLE OF BILL:

An act to amend the real property tax law, in relation to giving the New
York city department of taxation discretion to accept late filings

PURPOSE:

To provide the Department of Finance discretion in the time period
required for department of finance to accept final applications for the
Industrial and Commercial Abatement Program.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision (ii) of subparagraph (a) of paragraph (5)
of amends 489-ccccccc of the real property tax law to provide Department
of Finance with ability to accept late applications.

Section 2 sets forth the effective date.

JUSTIFICATION:

Industrial and Commercial Abatement Program (ICAP) is a tax abatement in
a city with more than one million persons. New York City has used this
enabling statute to adopt a local law and has a successful ICAP abate-

ment program. A complex formula credits businesses property tax bills
during the years construction is done to improve their property. The
purpose of this tax abatement was to incentivize businesses to expand.
The program has been very popular and the program has met with success.
There is however a small correction that will increase the number of
businesses helped.  Complaints have arisen that Department of Finance
lacks the discretion in determining if an application is timely filed.
At least 85 businesses complaining of denial for this tax abatement as a
result of issues that were raised by city agencies that slowed down the
process at no fault of the business seeking to obtain this abatement in
exchange for expanding its business.

This legislation provides the Department of Finance with the discretion
they need to ensure that the abatement program operates as intended.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This bill shall take effect immediately.

2015-S5555 (ACTIVE) - Bill Text download pdf

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

                                  5555

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the real property tax law, in relation to giving the New
  York city department of taxation discretion to accept late filings

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

  Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 5 of
section 489-cccccc of the real property tax law, as added by chapter 119
of the laws of 2008, is amended to read as follows:
  (ii) Final application. Applicants shall file a final application  for
benefits  no  later than one year from the date of issuance of the first
building permit for construction work, or, where construction work  does
not  require  a building permit, no later than one year from the date of
commencement of construction.  THE  DEPARTMENT  OF  FINANCE  SHALL  HAVE
DISCRETION  TO  CONSIDER  APPLICATIONS  RECEIVED AFTER ONE YEAR FROM THE
DATE OF COMMENCEMENT OF CONSTRUCTION AS TIMELY FILED IF IT FINDS NO HARM
FROM THE APPLICANT'S LATE FILING OR NO FAULT ON THE PART OF  THE  APPLI-
CANT IN FAILING TO FILE PRIOR TO THE EXPIRATION OF ONE YEAR.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11158-01-5

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Senate Bill S5555

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Sponsored By

Leroy Comrie