S T A T E O F N E W Y O R K
________________________________________________________________________
6946
2009-2010 Regular Sessions
I N A S S E M B L Y
March 17, 2009
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Introduced by M. of A. ORTIZ, EDDINGTON, HOOPER, GREENE -- Multi-Spon-
sored by -- M. of A. BOYLAND, MAGEE, SCHIMMINGER, WEISENBERG -- read
once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to creating a personal income
tax credit for fuel used for non-business purposes
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 (u) to read as follows:
(U) PERSONAL VEHICLE FUEL CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
IS ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR QUALI-
FIED FUEL EXPENSES IN AN AMOUNT AS DETERMINED IN ACCORDANCE WITH PARA-
GRAPH TWO OF THIS SUBSECTION.
(2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE
TOTAL COST OF THE QUALIFIED FUEL EXPENSES ACTUALLY INCURRED BY THE
TAXPAYER FOR THE TAXABLE YEAR SUBJECT TO THE FOLLOWING RESTRICTIONS.
(I) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN TWENTY-FIVE
THOUSAND DOLLARS, THE AMOUNT OF THE CREDIT SHALL BE NO MORE THAN ONE
HUNDRED DOLLARS.
(II) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN
TWENTY-THREE THOUSAND DOLLARS BUT LESS THAN TWENTY-FIVE THOUSAND
DOLLARS, THE AMOUNT OF THE CREDIT SHALL BE NO MORE THAN ONE HUNDRED
THIRTY DOLLARS.
(III) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN
TWENTY-ONE THOUSAND DOLLARS BUT LESS THAN TWENTY-THREE THOUSAND DOLLARS,
THE AMOUNT OF THE CREDIT SHALL BE NO MORE THAN ONE HUNDRED SIXTY
DOLLARS.
(IV) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN NINETEEN
THOUSAND DOLLARS BUT LESS THAN TWENTY-ONE THOUSAND DOLLARS, THE AMOUNT
OF THE CREDIT SHALL BE NO MORE THAN ONE HUNDRED NINETY DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10341-01-9
A. 6946 2
(V) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN SEVENTEEN
THOUSAND DOLLARS BUT LESS THAN NINETEEN THOUSAND DOLLARS, THE AMOUNT OF
THE CREDIT SHALL BE NO MORE THAN TWO HUNDRED TWENTY DOLLARS.
(VI) IF A TAXPAYER HAS A GROSS INCOME EQUAL TO OR MORE THAN FIFTEEN
THOUSAND DOLLARS BUT LESS THAN SEVENTEEN THOUSAND DOLLARS, THE AMOUNT OF
THE CREDIT SHALL BE NO MORE THAN TWO HUNDRED FIFTY DOLLARS.
(VII) IF A TAXPAYER HAS A GROSS INCOME LESS THAN FIFTEEN THOUSAND
DOLLARS, THE AMOUNT OF THE CREDIT SHALL BE NO MORE THAN THREE HUNDRED
DOLLARS.
(VIII) FOR THE PURPOSES OF MARRIED INDIVIDUALS FILING JOINT RETURNS,
EACH INDIVIDUAL IS ENTITLED TO RECEIVE THE CREDIT PROPORTIONATE TO THEIR
GROSS INCOME PROVIDED THAT IT WAS THE INDIVIDUAL THAT ACTUALLY INCURRED
THE QUALIFIED FUEL EXPENSE.
(3) APPLICATION. (I) THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN
ZERO. ANY UNUSED PORTION OF THE CREDIT SHALL NOT BE REIMBURSED AS AN
OVERPAYMENT OF TAXES.
(II) THE CREDIT ALLOWED UNDER THIS SUBSECTION SHALL BE TAKEN AFTER ALL
OTHER APPLICABLE CREDITS HAVE FIRST BEEN TAKEN.
(III) ANY UNUSED PORTION OF THE CREDIT SHALL NOT BE CARRIED OVER TO
SUBSEQUENT TAXABLE YEARS.
(4) DEFINITIONS. QUALIFIED FUEL EXPENSE MEANS AMOUNTS PAID BY THE
TAXPAYER FOR A TAXABLE FUEL FOR A PERSONAL, NON-BUSINESS USE IN A VEHI-
CLE ON A PUBLIC HIGHWAY.
S 2. This act shall take effect immediately and shall apply to taxable
years commencing on or after such date.