S T A T E O F N E W Y O R K
________________________________________________________________________
230--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. LATIMER, JAFFEE, SCHIMEL -- Multi-Sponsored by --
M. of A. WEISENBERG -- read once and referred to the Committee on
Ways and Means -- recommitted to the Committee on Ways and Means in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the tax law, in relation to providing tax credits for
certain individuals
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 (qq) to read as follows:
(QQ) CREDIT FOR INDIVIDUALS NOT ELIGIBLE FOR STAR BENEFITS. (1) A
TAXPAYER WHO HAS NOT ATTAINED THE AGE OF SIXTY-FIVE, WHO RESIDES OUTSIDE
THE CITY OF NEW YORK, AND WHO (I) IS NOT ELIGIBLE TO RECEIVE STAR BENE-
FITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY
TAX LAW, OR (II) DOES NOT RESIDE WITH A PERSON WHO IS ELIGIBLE TO
RECEIVE STAR BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF
THE REAL PROPERTY TAX LAW, SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE. IN ORDER TO RECEIVE THE CREDIT PURSUANT TO THIS
SECTION, THE TAXPAYER MUST BE A RESIDENT OF NEW YORK FOR THE ENTIRE YEAR
IN WHICH THE TAXPAYER IS CLAIMING THE CREDIT. THE AMOUNT OF THE CREDIT
SHALL BE DETERMINED AS FOLLOWS:
(A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
SURVIVING SPOUSE:
FOR TAXABLE YEARS BEGINNING IN: THE AMOUNT OF THE CREDIT SHALL BE:
2010 $690
2011 AND THEREAFTER $920
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01125-02-0
A. 230--A 2
(B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
HOUSEHOLD, OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:
FOR TAXABLE YEARS BEGINNING IN: THE AMOUNT OF THE CREDIT SHALL BE:
2010 $345
2011 AND THEREAFTER $460
(2) A TAXPAYER WHO HAS ATTAINED THE AGE OF SIXTY-FIVE, WHO RESIDES
OUTSIDE THE CITY OF NEW YORK, AND WHO (I) IS NOT ELIGIBLE TO RECEIVE
STAR BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL
PROPERTY TAX LAW, OR (II) DOES NOT RESIDE WITH A PERSON WHO IS ELIGIBLE
TO RECEIVE STAR BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF
THE REAL PROPERTY TAX LAW, SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE. IN ORDER TO RECEIVE THE CREDIT PURSUANT TO
THIS SECTION, THE TAXPAYER MUST BE A RESIDENT OF NEW YORK FOR THE ENTIRE
YEAR IN WHICH THE TAXPAYER IS CLAIMING THE CREDIT. THE AMOUNT OF THE
CREDIT SHALL BE DETERMINED AS FOLLOWS:
(A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
SURVIVING SPOUSE, THE AMOUNT OF THE CREDIT SHALL BE SIX HUNDRED NINETY
DOLLARS.
(B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
HOUSEHOLD, OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN, THE AMOUNT
OF THE CREDIT SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS.
S 2. This act shall take effect immediately and shall apply to tax
years beginning on or after January 1, 2010.