S T A T E O F N E W Y O R K
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4456
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. TOWNS -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to providing a credit for
excessive residential insurance payments in certain cities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 623 to
read as follows:
S 623. CREDIT FOR EXCESSIVE INSURANCE PAYMENTS IN A CITY HAVING A
POPULATION OF ONE HUNDRED THOUSAND OR MORE. (A) GENERAL. A RESIDENT
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX OTHERWISE DUE UNDER
THIS ARTICLE IN THE AMOUNT PAID BY HIM OR HER DURING THE TAXABLE YEAR
FOR HOMEOWNER'S INSURANCE OR FIRE INSURANCE ON A SINGLE FAMILY OR A
MULTI-FAMILY DWELLING CONTAINING NO MORE THAN THREE FAMILIES WHICH IS
THE TAXPAYER'S PRINCIPAL PLACE OF RESIDENCE IN EXCESS OF AN AMOUNT
DETERMINED BY MULTIPLYING THE MEAN RATE OF PREMIUM CHARGED PER THOUSAND
FOR SUCH INSURANCE IN THE CITY OF HIS OR HER RESIDENCE TIMES THE NUMBER
OF THOUSANDS OF DOLLARS OF SUCH INSURANCE FOR WHICH HE OR SHE PAID.
(B) LIMITATIONS. (1) THE CREDIT UNDER THIS SECTION SHALL NOT
EXCEED THREE HUNDRED FIFTY DOLLARS, NOR IN ANY EVENT SHALL IT BE MORE
THAN THE TAX OTHERWISE TO BE PAID BY THE TAXPAYER.
(2) SUCH CREDIT SHALL ONLY APPLY IN CITIES WITH A POPULATION OF ONE
HUNDRED THOUSAND OR MORE.
(3) ONLY ONE TAXPAYER, OR HUSBAND AND WIFE FILING A JOINT RETURN,
MAY CLAIM SUCH CREDIT AND IT WILL ONLY BE ALLOWED SO LONG AS THE QUALI-
FIED TAXPAYER OWNS AND RESIDES IN THE RESIDENCE WHICH WAS SO INSURED.
(C) THE SUPERINTENDENT OF INSURANCE SHALL COMPUTE ANNUALLY THE MEAN
RATE OF PREMIUM CHARGED PER THOUSAND FOR HOMEOWNER'S INSURANCE AND FOR
RESIDENTIAL FIRE INSURANCE IN EACH CITY HAVING A POPULATION OF ONE
HUNDRED THOUSAND OR MORE.
S 2. This act shall take effect on the first of January next
succeeding the date on which it shall have become a law and shall apply
to all taxable years beginning on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01926-01-9