S T A T E O F N E W Y O R K
________________________________________________________________________
S. 233 A. 345
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a mortgage
interest credit against personal income tax
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 (m-1) to read as follows:
(M-1) MORTGAGE INTEREST CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY SECTION SIX HUNDRED ONE OF THIS PART
FOR INTEREST PAID ON A MORTGAGE BY A TAXPAYER ON A PRINCIPAL RESIDENCE
LOCATED WITHIN THE STATE OF NEW YORK. ANY TAX CREDIT NOT USED IN THE
TAXABLE YEAR IN WHICH THE RESIDENCE WAS PURCHASED MAY BE CARRIED FORWARD
UNTIL THE FULL CREDIT HAS BEEN ALLOWED.
(2) THE AGGREGATE AMOUNT OF THE TAX CREDIT ALLOWED UNDER THIS
SUBSECTION SHALL NOT EXCEED TWENTY PERCENT OF THE INTEREST PAID ON SUCH
MORTGAGE DURING THE TAXABLE YEAR, OR FIVE THOUSAND DOLLARS, WHICHEVER IS
LESS.
(3) THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY TO A TAXPAYER
WHOSE HOUSEHOLD INCOME IS EQUAL TO OR BELOW THE MEDIAN HOUSEHOLD INCOME
IN THE COUNTY IN WHICH THE RESIDENCE IS LOCATED.
(4) THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY TO A TAXPAYER
WHO HAS NOT OWNED A PRINCIPAL RESIDENCE WITHIN THE PRECEDING FIVE YEARS
OF THE PURCHASE OF THE RESIDENCE FOR WHICH THE CREDIT IS CLAIMED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01021-01-9
S. 233 2 A. 345
(5) THE CREDIT PROVIDED FOR BY THIS SUBSECTION SHALL NOT BE AVAILABLE
TO ANY TAXPAYER WITH A MORTGAGE ON THE PRINCIPAL RESIDENCE WHICH IS
GUARANTEED BY THE STATE OF NEW YORK MORTGAGE AGENCY.
(6) WHERE THE TAXPAYER ELECTS TO TAKE THE CREDIT AUTHORIZED BY THIS
SUBSECTION, THE TAXPAYER SHALL NOT ALSO ELECT TO DEDUCT SUCH EXPENSES
UNDER SECTION SIX HUNDRED FIFTEEN OF THIS ARTICLE.
S 2. This act shall take effect immediately.