NY State Senate Bill 2009-S3728

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Mar 30, 2009	referred to investigations and government operations

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2009-S3728 (ACTIVE) - Details

See Assembly Version of this Bill:: A7589
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3324, A5352
2013-2014: S2277, A2394
2015-2016: S788, A583
2017-2018: S1601, A939
2019-2020: S3157, A4449

2009-S3728 (ACTIVE) - Summary

Increases to $36,000 the household gross income limitations for tax credits for real property tax circuit breaker credit; makes such tax credits available to disabled persons as well as to those persons 65 years of age.

2009-S3728 (ACTIVE) - Sponsor Memo

2009-S3728 (ACTIVE) - Bill Text download pdf

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

                                  3728

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens. LAVALLE, GOLDEN, O. JOHNSON, LARKIN, LIBOUS, MORA-
  HAN, PADAVAN, VOLKER, WINNER -- read twice and  ordered  printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

AN ACT to amend the tax law,  in  relation  to  the  real  property  tax
  circuit breaker credit

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

  Section 1. Subsection (e) of section 606 of the tax law, as amended by
chapter 28 of the laws of 1987,  subparagraph  (C)  of  paragraph  1  as
amended  by  chapter  713 of the laws of 1996, subparagraph (E) of para-
graph 1 as amended by chapter 105 of the laws of 2006, paragraph  12  as
amended  by  chapter 385 of the laws of 1994 and paragraph 14 as amended
by chapter 23 of the laws of 1990, is amended to read as follows:
  (e)  Real property tax circuit breaker credit.  (1)   For purposes  of
this subsection:
  (A)  "Qualified taxpayer" means a resident individual of the state who
has occupied the same residence for six months or more  of  the  taxable
year, and is required or chooses to file a return under this article.
  (B)    "Household"  or  "members  of  the household" means a qualified
taxpayer and all other persons, not necessarily related,  who  have  the
same residence and share its furnishings, facilities and accommodations.
Such  terms shall not include a tenant, subtenant, roomer or boarder who
is not related to the qualified taxpayer  in  any  degree  specified  in
paragraphs  one  through  eight of subsection (a) of section one hundred
fifty-two of the internal revenue code.   Provided, however,  no  person
may be a member of more than one household at one time.
  (C) "Household gross income" means the aggregate adjusted gross income
of  all  members  of  the household for the taxable year as reported for
federal income tax purposes, or which  would  be  reported  as  adjusted
gross  income  if a federal income tax return were required to be filed,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10115-01-9

S. 3728                             2

with the modifications in subsection (b) of section six  hundred  twelve
but  without  the  modifications in subsection (c) of such section, plus
any portion of the gain from the sale or exchange of property  otherwise
excluded from such amount; earned income from sources without the United
States  excludable  from  federal  gross  income by section nine hundred
eleven of the internal revenue  code;  support  money  not  included  in
adjusted gross income; nontaxable strike benefits; supplemental security
income  payments; the gross amount of any pension or annuity benefits to
the extent not included in such adjusted gross  income  (including,  but
not  limited  to, railroad retirement benefits and all payments received
under  the  federal  social  security  act  and   veterans'   disability
pensions);  nontaxable interest received from the state of New York, its
agencies, instrumentalities, public corporations, or political  subdivi-
sions  (including  a public corporation created pursuant to agreement or
compact with another state or Canada); workers' compensation; the  gross
amount  of  "loss-of-time"  insurance;  and  the  amount  of cash public
assistance and relief, other than medical assistance for the needy, paid
to or for the benefit of the qualified taxpayer or members of his house-
hold.  Household gross income shall not include surplus foods  or  other
relief  in  kind or payments made to individuals because of their status
as victims of Nazi persecution as defined in P.L.  103-286.    Provided,
further,  household  gross  income  shall  only  include all such income
received by all members of the household while members  of  such  house-
hold.
  (D)    "Residence"  means  a  dwelling in this state, whether owned or
rented, and so much of the land abutting it, not exceeding one acre,  as
is  reasonably  necessary  for  use  of  the dwelling as a home, and may
consist of a part of a multi-dwelling or multi-purpose building  includ-
ing  a  cooperative  or  condominium,  and  rental units within a single
dwelling.  Residence includes a trailer or mobile home, used exclusively
for residential purposes and defined as real property pursuant to  para-
graph  (g)  of subdivision twelve of section one hundred two of the real
property tax law.
  (E) "Qualifying real property taxes" means all  real  property  taxes,
special  ad  valorem levies and special assessments, exclusive of penal-
ties and interest, levied on the residence of a qualified  taxpayer  and
paid  during  the  taxable year less the credit claimed under subsection
(n-1) of this section. In addition, for taxable  years  beginning  after
December thirty-first, nineteen hundred eighty-four, a qualified taxpay-
er  may  elect  to  include  any  additional amount that would have been
levied in the absence of an exemption from real property taxation pursu-
ant to section four hundred sixty-seven of the real property tax law. If
tenant-stockholders in a cooperative housing corporation  have  met  the
requirements of section two hundred sixteen of the internal revenue code
by  which they are allowed a deduction for real estate taxes, the amount
of taxes so allowable, or which would be allowable if the  taxpayer  had
filed  returns on a cash basis, shall be qualifying real property taxes.
If a residence is owned by two or more individuals as joint  tenants  or
tenants  in  common, and one or more than one individual is not a member
of the household, qualifying real property taxes is that  part  of  such
taxes  on  the  residence which reflects the ownership percentage of the
qualified taxpayer and members of his household. If a  residence  is  an
integral  part of a larger unit, qualifying real property taxes shall be
limited to that amount of such taxes paid as may  be  reasonably  appor-
tioned  to  such residence. If a household owns and occupies two or more
residences during different periods in the same taxable year, qualifying

S. 3728                             3

real property taxes shall be the sum of  the  prorated  qualifying  real
property  taxes  attributable  to  the household during the periods such
household occupies each of such residences. If the  household  owns  and
occupies  a residence for part of the taxable year and rents a residence
for part of the same taxable year, it may include both the proration  of
qualifying real property taxes on the residence owned and the real prop-
erty  tax equivalent with respect to the months the residence is rented.
Provided, however,  for  purposes  of  the  credit  allowed  under  this
subsection,  qualifying  real property taxes may be included by a quali-
fied taxpayer only to the extent that such taxpayer  or  the  spouse  of
such  taxpayer  occupying  such  residence for six months or more of the
taxable year owns or has owned the residence and paid such taxes.
  (F) "Real property tax equivalent" means twenty-five  percent  of  the
adjusted  rent  actually  paid in the taxable year by a household solely
for the right of occupancy of its New York  residence  for  the  taxable
year.  If (i) a residence is rented to two or more individuals as coten-
ants,  or such individuals share in the payment of a single rent for the
right of occupancy of such residence, and (ii) each of such  individuals
is  a  member of a different household, one or more of which individuals
shares such residence, real property tax equivalent is that  portion  of
twenty-five  percent of the adjusted rent paid in the taxable year which
reflects that portion of the rent attributable to the qualified taxpayer
and the members of his household.
  (G) "Adjusted rent" means rental paid for the right of occupancy of  a
residence, excluding charges for heat, gas, electricity, furnishings and
board.    Where  charges for heat, gas, electricity, furnishing or board
are included in rental but where such charges and the amount thereof are
not separately set forth in a written rental agreement, for purposes  of
determining  adjusted  rent  the  qualified taxpayer shall reduce rental
paid as follows:
  (i)  For heat, or heat and gas, deduct fifteen percent of rental paid.
  (ii)  For heat, gas and electricity, deduct twenty percent  of  rental
paid.
  (iii)   For heat, gas, electricity and furnishings, deduct twenty-five
percent of rental paid.
  (iv)  For heat, gas, electricity, furnishings and board, deduct  fifty
percent of rental paid.
If  the  [tax commission] COMMISSIONER determines that the adjusted rent
shown on the return is excessive, the [tax commission] COMMISSIONER  may
reduce  such  rent, for purposes of the computation of the credit, to an
amount substantially equivalent to rent for a comparable accommodation.
  (2) A qualified taxpayer shall be allowed  a  credit  as  provided  in
paragraph three hereof against the taxes imposed by this article reduced
by the credits permitted by this article.  If the credit exceeds the tax
as  so  reduced  for such year under this article the qualified taxpayer
may receive, and the comptroller, subject to a certificate of the [state
tax commission] COMMISSIONER,  shall  pay  as  an  overpayment,  without
interest,  any  excess  between such tax as so reduced and the amount of
the credit. If a qualified taxpayer is not required  to  file  a  return
pursuant  to  section  six  hundred  fifty-one, a qualified taxpayer may
nevertheless receive and the comptroller, subject to  a  certificate  of
the [state tax commission] COMMISSIONER, shall pay as an overpayment the
full amount of the credit, without interest.
  (3)    Determination of credit.   (A) For qualified taxpayers who have
attained the age of sixty-five years OR A PERMANENT AND TOTAL DISABILITY
AS DEFINED IN SECTION TWENTY-TWO OF THE INTERNAL REVENUE CODE before the

S. 3728                             4

beginning of or during the taxable year the amount of the credit  allow-
able  under  this subsection shall be fifty percent, or in the case of a
qualified taxpayer who has  elected  to  include  an  additional  amount
pursuant  to subparagraph (E) of paragraph one of this subsection, twen-
ty-five percent, of the excess of real property taxes or the  excess  of
real property tax equivalent determined as follows:
                                        Excess real property taxes are
                                        the excess of real property tax
                                        equivalent or the excess of
     If household gross                 qualifying real property taxes over
     income for the                     the following percentage of
     taxable year is:                   household gross income:
     ___________________                __________________________________

     [$3,000] $6,000 or less             3 1/2
     Over [$3,000] $6,000 but not
        over [$5,000] $10,000            4
     Over [$5,000] $10,000 but not
        over [$7,000] $14,000            4 1/2
     Over [$7,000] $14,000 but not
        over [$9,000] $18,000            5
     Over [$9,000] $18,000 but not
        over [$11,000] $22,000           5 1/2
     Over [$11,000] $22,000 but not
        over [$14,000] $28,000           6
     Over [$14,000] $28,000 but not
        over [$18,000] $36,000           6 1/2
  Notwithstanding  the  foregoing  provisions, the maximum credit deter-
mined under this subparagraph may not exceed the  amount  determined  in
accordance with the following table:

     If household gross                 The maximum
     income for the                     credit is:
     taxable year is:
     ___________________                __________________________________
     [$1,000] $2,000 or less            [$375] $463
     Over [$1,000] $2,000 but
        not over [$2,000] $4,000        [$358] $442
     Over [$2,000] $4,000 but
        not over [$3,000] $6,000        [$341] $421
     Over [$3,000] $6,000 but
        not over [$4,000] $8,000        [$324] $400
     Over [$4,000] $8,000 but
        not over [$5,000] $10,000       [$307] $379
     Over [$5,000] $10,000 but
        not over [$6,000] $12,000       [$290] $358
     Over [$6,000] $12,000 but
        not over [$7,000] $14,000       [$273] $337
     Over [$7,000] $14,000 but
        not over [$8,000] $16,000       [$256] $316
     Over [$8,000] $16,000 but
        not over [$9,000] $18,000       [$239] $295
     Over [$9,000] $18,000 but
        not over [$10,000] $20,000      [$222] $274
     Over [$10,000] $20,000 but
        not over [$11,000] $22,000      [$205] $253

S. 3728                             5

     Over [$11,000] $22,000 but
        not over [$12,000] $24,000      [$188] $232
     Over [$12,000] $24,000 but
        not over [$13,000] $26,000      [$171] $211
     Over [$13,000] $26,000 but
        not over [$14,000] $28,000      [$154] $190
     Over [$14,000] $28,000 but
        not over [$15,000] $30,000      [$137] $169
     Over [$15,000] $30,000 but
        not over [$16,000] $32,000      [$120] $148
     Over [$16,000] $32,000 but
        not over [$17,000] $34,000      [$103] $127
     Over [$17,000] $34,000 but
        not over [$18,000] $36,000      [$86] $106
  (B)  For all other qualified taxpayers the amount of the credit allow-
able under this subsection shall be fifty percent of excess real proper-
ty taxes or the excess of the real property tax equivalent determined as
follows:
                                        Excess real property taxes are
                                        the excess of real property tax
                                        equivalent or the excess of
     If household gross                 qualifying real property taxes over
     income for the                     the following percentage of
     taxable year is:                   household gross income:
     ___________________                __________________________________

     [$3,000] $6,000 or less            3 1/2
     Over [$3,000] $6,000 but not
        over [$5,000] $10,000           4
     Over [$5,000] $10,000 but not
        over [$7,000] $14,000           4 1/2
     Over [$7,000] $14,000 but not
        over [$9,000] $18,000           5
     Over [$9,000] $18,000 but not
        over [$11,000] $22,000          5 1/2
     Over [$11,000] $22,000 but not
        over [$14,000] $28,000          6
     Over [$14,000] $28,000 but not
        over [$18,000] $36,000          6 1/2
  Notwithstanding the foregoing provisions, the  maximum  credit  deter-
mined  under  this  subparagraph may not exceed the amount determined in
accordance with the following table:
     If household gross                 The maximum
     income for the                     credit is:
     taxable year is:
     ___________________                __________________________________
     [$1,000] $2,000 or less            [$75] $163
     Over [$1,000] $2,000 but
        not over [$2,000] $4,000        [$73] $158
     Over [$2,000] $4,000 but
        not over [$3,000] $6,000        [$71] $154
     Over [$3,000] $6,000 but
        not over [$4,000] $8,000        [$69] $149
     Over [$4,000] $8,000 but
        not over [$5,000] $10,000       [$67] $145
     Over [$5,000] $10,000 but

S. 3728                             6

        not over [$6,000] $12,000       [$65] $140
     Over [$6,000] $12,000 but
        not over [$7,000] $14,000       [$63] $136
     Over [$7,000] $14,000 but
        not over [$8,000] $16,000       [$61] $132
     Over [$8,000] $16,000 but
        not over [$9,000] $18,000       [$59] $128
     Over [$9,000] $18,000 but
        not over [$10,000] $20,000      [$57] $123
     Over [$10,000] $20,000 but
        not over [$11,000] $22,000      [$55] $119
     Over [$11,000] $22,000 but
        not over [$12,000] $24,000      [$53] $115
     Over [$12,000] $24,000 but
        not over [$13,000] $26,000      [$51] $110
     Over [$13,000] $26,000 but
        not over [$14,000] $28,000      [$49] $106
     Over [$14,000] $28,000 but
        not over [$15,000] $30,000      [$47] $102
     Over [$15,000] $30,000 but
        not over [$16,000] $32,000      [$45] $97
     Over [$16,000] $32,000 but
        not over [$17,000] $34,000      [$43] $93
     Over [$17,000] $34,000 but
        not over [$18,000] $36,000      [$41] $89
  (4)  If a qualified taxpayer occupies a residence for a period of less
than twelve months during the taxable year or occupies two or more resi-
dences during different periods in such taxable year, the credit allowed
pursuant to this subsection shall be computed in such manner as the [tax
commission] COMMISSIONER may, by regulation, prescribe in order to prop-
erly reflect the credit or portion thereof attributable  to  such  resi-
dence or residences and such period or periods.
  (5)    The [tax commission] COMMISSIONER may prescribe that the credit
under this subsection shall be determined in whole or in part by the use
of tables prescribed by such [commission]  COMMISSIONER.    Such  tables
shall set forth the credit to the nearest dollar.
  (6)  Only one credit per household and per qualified taxpayer shall be
allowed  per  taxable  year  under  this  subsection.   When two or more
members of a household are able to meet the qualifications for a  quali-
fied taxpayer, the credit shall be equally divided between or among such
individuals  unless  such  individuals  file  with  the [tax commission]
COMMISSIONER a written agreement among such individuals setting forth  a
different  division.   Where two or more members of a household are able
to meet the qualifications of a qualified taxpayer and one  of  them  is
sixty-five years of age or more OR HAS A PERMANENT AND TOTAL DISABILITY,
the credit which may be taken shall be the credit applicable to individ-
uals who have attained the age of sixty-five years.
  (A)  Provided, however, where a joint income tax return has been filed
pursuant to the provisions of section six hundred fifty-one by a  quali-
fied taxpayer and his OR HER spouse (or where both spouses are qualified
taxpayers  and have filed such joint return), the credit, or the portion
of the credit if divided, to which the husband  and  wife  are  entitled
shall  be  applied  against  the tax of both spouses and any overpayment
shall be made to both spouses.
 (B) Where any return required to be filed pursuant to the provisions of
section six hundred fifty-one is combined with any return of tax imposed

S. 3728                             7

pursuant to the authority of this chapter or any other law if  such  tax
is  administered by the [tax commission] COMMISSIONER, the credit or the
portion of the credit if divided, allowed to the qualified taxpayer  may
be applied by the [tax commission] COMMISSIONER toward any liability for
the aforementioned taxes.
  (7)  No credit shall be granted under this subsection:
  (A)  If household gross income for the taxable year exceeds [eighteen]
THIRTY-SIX thousand dollars.
  (B) To a property owner unless:  (i) the property is used for residen-
tial purposes, (ii) not more than twenty percent of the  rental  income,
if any, from the property is from rental for nonresidential purposes and
(iii) the property is occupied as a residence in whole or in part by one
or more of the owners of the property.
  (C) To a property owner who owns real property FOR OVER TWO YEARS, the
full  value  of  which exceeds [eighty-five thousand dollars] THE MEDIAN
FULL VALUE OF RESIDENTIAL REAL PROPERTY SALES WITHIN THE COUNTY WHERE IT
IS LOCATED, AS DETERMINED BY THE STATE BOARD OF REAL PROPERTY  SERVICES,
OR  THE  MEDIAN FULL VALUE OF RESIDENTIAL REAL PROPERTY IN THE STATE, AS
DETERMINED BY THE STATE BOARD OF REAL PROPERTY  SERVICES,  WHICHEVER  IS
LESS.
  (D)  To a tenant if the adjusted rent for the residence exceeds [four]
EIGHT hundred [fifty] dollars per month on average.
  (E) To an individual with respect to whom a deduction under subsection
(c) of section one hundred fifty-one of the  internal  revenue  code  is
allowable to another taxpayer for the taxable year.
  (F)  With  respect  to  a  residence that is wholly exempted from real
property taxation.
  (G) To an individual who is not a resident individual of the state for
the entire taxable year.
  (H) WHERE A HOUSEHOLD OR QUALIFIED  TAXPAYER  HAS  CLAIMED  AN  EARNED
INCOME TAX CREDIT PURSUANT TO THIS SECTION.
  (I)  TO AN INDIVIDUAL WHOSE HOUSEHOLD GROSS INCOME IS MORE THAN EIGHTY
PERCENT OF THE STATE MEDIAN FAMILY INCOME.
  (8)  The right to claim a credit or the portion  of  a  credit,  where
such credit has been divided under this subsection, shall be personal to
the  qualified taxpayer and shall not survive his OR HER death, but such
right may be exercised on behalf of a claimant by his OR HER legal guar-
dian or attorney in fact during his OR HER lifetime.
  (9)  Returns. If a qualified taxpayer is not required to file a return
pursuant to section six hundred fifty-one, a claim for a credit  may  be
taken  on  a  return filed with the [tax commission] COMMISSIONER within
three years from the time it would have been required that a  return  be
filed  pursuant to such section had the qualified taxpayer had a taxable
year ending on December thirty-first. Returns under this paragraph shall
be in such form as shall be prescribed by the [tax  commission]  COMMIS-
SIONER,  which  shall  make  available  such  forms and instructions for
filing such returns.
  (10)  Proof of claim.  The [tax commission] COMMISSIONER may require a
qualified taxpayer to furnish the following information  in  support  of
his  claim  for  credit under this subsection:   household gross income,
rent paid, name and address of owner or managing agent of  the  property
rented, real property taxes levied or that would have been levied in the
absence  of an exemption from real property tax pursuant to section four
hundred sixty-seven of the real property tax law, the names  of  members
of the household and other qualifying taxpayers occupying the same resi-
dence  and  their identifying numbers including social security numbers,

S. 3728                             8

household gross income, size and nature of property claimed as residence
and all other information which may be required by the [tax  commission]
COMMISSIONER to determine the credit.
  (11)   Administration.   The provisions of this article, including the
provisions of section six hundred fifty-three, six hundred  fifty-eight,
and  six hundred fifty-nine and the provisions of part six of this arti-
cle relating to procedure and  administration,  including  the  judicial
review  of the decisions of the [tax commission] COMMISSIONER, except so
much of section six hundred eighty-seven which permits a claim for cred-
it or refund to be filed after the period provided for in paragraph nine
of this subsection and except  sections  six  hundred  fifty-seven,  six
hundred  eighty-eight  and  six  hundred  ninety-six, shall apply to the
provisions of this subsection in the same manner and with the same force
and effect as if the language of those provisions had been  incorporated
in  full  into  this subsection and had expressly referred to the credit
allowed or returns filed under this subsection,  except  to  the  extent
that  any such provision is either inconsistent with a provision of this
subsection or is not relevant to this  subsection.    As  used  in  such
sections  and  such  part, the term "taxpayer" shall include a qualified
taxpayer under this subsection and, notwithstanding  the  provisions  of
subsection  (e)  of  section six hundred ninety-seven, where a qualified
taxpayer has protested the denial of  a  claim  for  credit  under  this
subsection  and  the  time  to  file a petition for redetermination of a
deficiency or for refund has not expired, he OR SHE  shall,  subject  to
such  conditions  as  may  be  set by the [tax commission] COMMISSIONER,
receive such information (A) which is  contained  in  any  return  filed
under  this  article by a member of his OR HER household for the taxable
year for which the credit is claimed, and (B) which the [tax commission]
COMMISSIONER finds is relevant and material to the issue of whether such
claim was properly denied.  The [tax commission] COMMISSIONER shall have
the authority to promulgate such rules and regulations as may be  neces-
sary  for  the  processing,  determination  and  granting of credits and
refunds under this subsection.
  (12) The commissioner may request the cooperation of the  state  board
of  real  property  services  in  carrying  out  the  provisions of this
subsection. Such  board  may  promulgate  such  rules  and  regulations,
subject to prior consultation with the commissioner, as may be necessary
to  provide  such  assistance  with respect to the determination of full
value of real property for purposes of the  credit  allowed  under  this
subsection.
  (13)   Notwithstanding any other provision of this article, the credit
allowed under this subsection shall be  determined  after  the  determi-
nation  and  application  of  any  other  credits  permitted  under  the
provisions of this article.
  (14) The commissioner  [of  taxation  and  finance]  shall  prepare  a
preliminary  written  report after July thirty-first and a final written
report after December thirty-first of each calendar  year,  which  shall
contain  statistical  information  regarding  the  credits granted on or
before such dates under  this  subsection  during  such  calendar  year.
Copies  of  these reports shall be submitted by such commissioner to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the chairman of the senate finance committee and the chairman
of the assembly ways and means committee within sixty days of July thir-
ty-first with respect to the preliminary report, and  within  forty-five
days  of  December  thirty-first  with respect to the final report. Such
reports shall contain, but need not be limited to, the number of credits

S. 3728                             9

and the average amount of such credits allowed; and of those, the number
of credits and the average amount of such credits allowed  to  qualified
taxpayers  in  each  county; and of those, the number of credits and the
average  amount  of  such  credits  allowed to qualified taxpayers whose
household gross income falls within each of the household  gross  income
ranges  set  forth  in paragraph three of this subsection; and of those,
the number of credits and the average amount of such credits allowed  to
qualified taxpayers whose credit amount falls within credit amount rang-
es set forth in twenty-five dollar increments.
  S  2.  Paragraph 3 of subsection (e) of section 606 of the tax law, as
amended by section one of this act, is amended to read as follows:
  (3)  Determination of credit.  (A) For qualified  taxpayers  who  have
attained the age of sixty-five years or a permanent and total disability
as defined in section twenty-two of the internal revenue code before the
beginning  of or during the taxable year the amount of the credit allow-
able under this subsection shall be fifty percent, or in the case  of  a
qualified  taxpayer  who  has  elected  to  include an additional amount
pursuant to subparagraph (E) of paragraph one of this subsection,  twen-
ty-five  percent,  of the excess of real property taxes or the excess of
real property tax equivalent determined as follows:
                                        Excess real property taxes are
                                        the excess of real property tax
                                        equivalent or the excess of
     If household gross                 qualifying real property taxes over
     income for the                     the following percentage of
     taxable year is:                   household gross income:
     ___________________                __________________________________

     $6,000 or less                     3 1/2
     Over $6,000 but not
        over $10,000                    4
     Over $10,000 but not
        over $14,000                    4 1/2
     Over $14,000 but not
        over $18,000                    5
     Over $18,000 but not
        over $22,000                    5 1/2
     Over $22,000 but not
        over $28,000                    6
     Over $28,000 but not
        over $36,000                    6 1/2
  Notwithstanding the foregoing provisions, the  maximum  credit  deter-
mined  under  this  subparagraph may not exceed the amount determined in
accordance with the following table:
     If household gross                 The maximum
     income for the                     credit is:
     taxable year is:
     ___________________                __________________________________
     $2,000 or less                     [$463] $550
     Over $2,000 but
        not over $4,000                 [$442] $525
     Over $4,000 but
        not over $6,000                 [$421] $500
     Over $6,000 but
        not over $8,000                 [$400] $475
     Over $8,000 but

S. 3728                            10

        not over $10,000                [$379] $450
     Over $10,000 but
        not over $12,000                [$358] $425
     Over $12,000 but
        not over $14,000                [$337] $400
     Over $14,000 but
        not over $16,000                [$316] $375
     Over $16,000 but
        not over $18,000                [$295] $350
     Over $18,000 but
        not over $20,000                [$274] $325
     Over $20,000 but
        not over $22,000                [$253] $300
     Over $22,000 but
        not over $24,000                [$232] $275
     Over $24,000 but
        not over $26,000                [$211] $250
     Over $26,000 but
        not over $28,000                [$190] $225
     Over $28,000 but
        not over $30,000                [$169] $200
     Over $30,000 but
        not over $32,000                [$148] $175
     Over $32,000 but
        not over $34,000                [$127] $150
     Over $34,000 but
        not over $36,000                [$106] $125
  (B)  For all other qualified taxpayers the amount of the credit allow-
able under this subsection shall be fifty percent of excess real proper-
ty taxes or the excess of the real property tax equivalent determined as
follows:
                                        Excess real property taxes are
                                        the excess of real property tax
                                        equivalent or the excess of
     If household gross                 qualifying real property taxes over
     income for the                     the following percentage of
     taxable year is:                   household gross income:
     ___________________                __________________________________

     $6,000 or less                     3 1/2
     Over $6,000 but not
        over $10,000                    4
     Over  $10,000 but not
        over $14,000                    4 1/2
     Over  $14,000 but not
        over  $18,000                   5
     Over $18,000 but not
        over $22,000                    5 1/2
     Over $22,000 but not
        over  $28,000                   6
     Over $28,000 but not
        over $36,000                    6 1/2
  Notwithstanding the foregoing provisions, the  maximum  credit  deter-
mined  under  this  subparagraph may not exceed the amount determined in
accordance with the following table:
     If household gross                 The maximum

S. 3728                            11

     income for the                     credit is:
     taxable year is:
     ___________________                __________________________________
     $2,000 or less                     [$163] $250
     Over $2,000 but
        not over $4,000                 [$158] $243
     Over $4,000 but
        not over $6,000                 [$154] $237
     Over $6,000 but
        not over $8,000                 [$149] $230
     Over $8,000 but
        not over $10,000                [$145] $223
     Over $10,000 but
        not over $12,000                [$140] $217
     Over $12,000 but
        not over $14,000                [$136] $210
     Over $14,000 but
        not over $16,000                [$132] $203
     Over $16,000 but
        not over $18,000                [$128] $197
     Over $18,000 but
        not over $20,000                [$123] $190
     Over $20,000 but
        not over $22,000                [$119] $183
     Over $22,000 but
        not over $24,000                [$115] $177
     Over $24,000 but
        not over $26,000                [$110] $170
     Over $26,000 but
        not over $28,000                [$106] $163
     Over $28,000 but
        not over $30,000                [$102] $157
     Over $30,000 but
        not over $32,000                [$97] $150
     Over $32,000 but
        not over $34,000                [$93] $143
     Over $34,000 but
        not over $36,000                [$89] $137
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect January 1, 2010.

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Senate Bill S3728

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