S T A T E O F N E W Y O R K
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1774
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to classifying items installed
in the construction of a self-storage facility as capital improvements
for sales and use tax purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 9 of subdivision (b) of section 1101 of the tax
law is amended by adding a new subparagraph (iv) to read as follows:
(IV) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, PARTITIONS, SIDE PANELS, GATES, DOORS, DOOR FRAMES AND OTHER
FIXTURES INSTALLED IN NEW CONSTRUCTION OF A SELF-STORAGE FACILITY OR IN
A NEW ADDITION TO OR A TOTAL RECONSTRUCTION OF AN EXISTING SELF-STORAGE
FACILITY SHALL CONSTITUTE AN ADDITION OR CAPITAL IMPROVEMENT TO REAL
PROPERTY, PROPERTY OR LAND.
S 2. This act shall take effect immediately and shall apply to all
open periods as well as all periods beginning before the effective date
of this act for which a notice of determination has been issued but with
respect to which no final determination or final decision has been made.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04183-01-9