S T A T E O F N E W Y O R K
________________________________________________________________________
4383
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. MARKEY, PHEFFER, EDDINGTON, MAYERSOHN, DINOWITZ,
DelMONTE, WRIGHT, ABBATE, MILLMAN, KOON, BENEDETTO, ENGLEBRIGHT,
COLTON, LATIMER, SCHROEDER, CARROZZA, ESPAILLAT -- Multi-Sponsored by
-- M. of A. HEASTIE, HIKIND, HOOPER, JOHN, V. LOPEZ, MAGEE, MAGNAREL-
LI, MAISEL, McENENY, SCARBOROUGH, SEMINERIO, TITONE, TOWNS, WEISENBERG
-- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to personal exemptions of resi-
dent individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 616 of the tax law is amended by adding a new
subsection (c) to read as follows:
(C) ADDITIONAL EXEMPTION. IN ADDITION TO THE EXEMPTIONS PROVIDED FOR
IN SUBSECTION (A) OF THIS SECTION FOR TAXABLE YEARS BEGINNING AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND NINE, A RESIDENT INDIVIDUAL SHALL BE
ALLOWED A NEW YORK EXEMPTION IN AN AMOUNT EQUAL TO THE EXEMPTION
PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION FOR EACH DEPENDENT WHO IS
OF THE AGE OF SIXTY-FIVE OR OLDER, WHO RESIDES WITH SUCH RESIDENT INDI-
VIDUAL, AND FOR WHOM THE RESIDENT INDIVIDUAL IS ENTITLED TO AN EXEMPTION
FOR THE TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES, PROVIDED HOWEVER,
THAT IF THE NEW YORK INCOME TAXES OF A HUSBAND AND WIFE ARE SEPARATELY
DETERMINED BUT THEIR FEDERAL INCOME TAX IS DETERMINED ON A JOINT RETURN,
ONLY ONE OF THEM, AT THEIR OPTION, SHALL BE ENTITLED TO THE ADDITIONAL
EXEMPTION PROVIDED FOR IN THIS SUBSECTION.
S 2. This act shall take effect immediately, and shall apply to taxa-
ble years beginning after December 31, 2009.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03031-01-9